terms and AGREEMENT

Last updated: 01/31/2024

TERMS
This agreement is between LKB Photography, hereinafter referred to as the “Photographer”, operating in the State of California, and the signers of this photography agreement, hereinafter referred to as the “Clients”, collectively referred to as the "Parties”. The package list and price list and/or documents pertinent to this contract are integral parts of this document. The contract terms, agreement, and price list are the only legally binding documents between the Parties. An acknowledgement of these terms and conditions are mandatory prior to rendering of any services.

AGREEMENT
Overview: This agreement contains the entire understanding between the Photographer and the Client(s). It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

1. Change of date or venue: The Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client's responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as
listed, you must notify the Photographer.

The Photographer kindly asks that the Client get in touch with the Photographer two weeks prior to the date of the event to touch base and go over last-minute details. The Photographer will make every effort to contact the Client, but it is the Client's responsibility to contact the Photographer to confirm all events and times.

2. Retainer:
A 50% non refundable retainer is required for all services.
In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid before or on the day of event. If final payment is not received, the Photographer will not be expected to attend said event. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.

3. Methods of payment:

We accept debit, credit card, and ACH payments. No personal checks will be accepted.  All services rendered are bound by written agreement.  Late charges will be applied if payment is not received by date specified on invoice. All discounts given at time of service must be backed by written agreement only available from photographer on-site at time of service or via email.

4. Punctuality:
All sessions have a specific amount of time allotted, which is included in the package price. Please be on time. We understand that things can happen sometimes. However, it is not only beneficial to you, the client, but beneficial to all professionals involved if everyone is on time to the shoot. We allow a 10-minute grace period for causes outside of your control. However, if you are more than 10 minutes late, you will be charged $50 per half hour.  Please be respectful of the photographer’s time.

We often offer exclusive package deals with preferred partner studios. Please also be on time to the studio. Please book time with the studio(s) as needed. If you know you will need extra time, it might be best to book the studio for longer than you are booking the photographer to allow for extra prep time.

We understand that unforeseen circumstances can change the timing of things, however we ask that you respect the photographer’s time and make every effort to be timely about wardrobe changes and preparation (ie. hair, makeup, steaming and/or other preparation of clothing/outfits, food staging, etc.

You will receive a certain amount of final edited images based on the package you choose. Please read all instructions carefully.

**Regarding children: Please do not bring your children to a photoshoot if they are not involved in the shoot.  We do not offer daycare services and most locations we shoot at will not take any liability for children present.  LKB Photography takes no liability for any children that are not involved in scheduled shoots.

5. TFP/C (Trade for Photos/Content) Sessions:
Unless otherwise stated, there is a charge for ALL services provided.  TFP or TFCD sessions are scheduled at the discretion of the photographer.  These shoots cannot be requested.  This type of shoot is usually only applicable when the client is approached by the photographer for a shoot and not the other way around. 

6. Cancellation: There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography date. If the event is cancelled within two weeks of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.

We are an independent, professional photography service provider and we try our best to work with each client understanding that their needs are unique. These policies are in place to assure that all clients are treated the same just as we value each client the same.

*NOTE: Please, also understand that all fees are non-negotiable.

7. Failure to perform: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location.

It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying
people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. Clients are responsible for all location fees and permits.

8. Copyright: Title (possession) of and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the "images") created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties.

Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.

The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. If purchasing hi-resolution images on CD/DVD, Clients will be given a written release to make personal copies of images from CDs or DVDs. The client understands the images given on CD/DVD cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.

9. Exclusive photographer: The Photographer and/or any photographers hired by the Photographer to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the portrait photography. Family and friends of the clients and other event vendors shall not interfere with the Photographer's duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.

10. Expenses: Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.

11. Garments: The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.

12. Creative License: Images are edited at the Photographer's discretion and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer's artistic standards.

13. Force majeure: If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

14. Returned checks: Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.

This is a contract for personal photography services to be provided by the Photographer and/or individuals subcontracted to do work for the Photographer. The Parties agree to the above and below terms and conditions, and acknowledge that they have received, read, and understand the Photographer's current price list.

15. Contracted work and “At-Will” employment

Effective as of 2/12/20, any services provided on a consistent basis in excess of 14 days must be bound in either a contractual or “at-will” agreement. All work will cease immediately until a written agreement is reached. This change ensures that the time spent on projects is within respectful limits and does not disregard the time of the professional providing contracted services, i.e., LKB Photography, Style Uncharted, Kre8tive Digital LLC, or any of its representatives. All services desired that are pertinent to the completion of projects must be outlined in the agreement so that no unnecessary time is spent on things that do not pertain to the completion of the project or work in progress.

16.Delivery of Photos and other media:
Please allow 7 – 14 business days max for delivery of final album(s) and digital media.  Turnaround may be faster depending on number of photos taken, etc.  If you have not made your payment in full, your media will not be delivered.

We trust that you will find our work satisfactory and look forward to working with you soon.

For any questions or concerns please contact us at:
lydia@imaginelkb.com
www.imaginelkb.com

LKB Photography

c/o Kre8tive Digital LLC