(SF) Kat Ku Photography – [My Pet] & Me Time for Prints Agreement

    CUSTOM PET PORTRAITURE

    I decided to photograph pets and their humans because of two reasons. First, okay come on, everybody knows how cute and irresistible they are (the pets I mean :P )! And second, being a pet owner myself, I wanted to share and capture the relationship that the owner has with their furry best friends. My style is a mixture of photojournalistic with candid expressions and posing. I shoot on-location with natural lighting to create timeless images.

    INVESTMENT

    There is no minimum purchase; however, clients typically spend $750 or more on their portraits. Prints start at $35 and portrait collections start at $795 (which offer savings over a-la-carte pricing)

    RESERVE YOUR SESSION

    The [My Pet] & Me Session includes the following:

    + Two pets (must reside in same household) and up to two humans*
    + Time and talent of the photographer
    + Travel w/in the city of San Francisco. Additional travel fee may apply depending on session location.
    + Digital retouching of 25-45 images and private online proofing gallery
    + Sneak preview and full entry on my blog
    + Up to 2 hours of shooting time

    *$50 for each additional pet. Includes additional shooting time and extra 7-15 edited images to choose from.

    CANCELLATION POLICY

    Sometimes things come up that can’t be worked around. If you need to cancel your session, please let me know as soon as possible. I will make every effort to re-schedule your session to a time that is more convenient. Your session fee will apply to the re-scheduled session as long as you make a reasonable effort to notify me promptly of your conflict. Cancellations without notice forfeit their session fee and an additional session fee will be required to book a new session. I also reserve the right to re-schedule a session due to illness, emergency, inclement weather, etc.

    PHOTO TURNAROUND TIME

    Kat Ku Photography will strive to complete sessions, editing and orders in a timely manner. Photos will be ready for viewing and ordering within four to eight weeks of your session and will be posted to a password-protected gallery. The images will be online for 2 weeks, and the client is encouraged to order in a timely manner. Once an order is placed, production can take up to 4-6 weeks, depending on the product. Clients can pick up their products at a predetermined location in Ann Arbor, or pay for shipping/delivery.

    Your proofing gallery is private but feel free to share your password with friends and family. If you have special requests, feel free to ask. Color photos can be printed in black and white, and vice versa. I can crop the image tighter or differently. If something is not possible, I will let you know. Requested photo enhancements or edits to designed albums are made within one week.

    PHOTO COLOR

    Due to differences in monitor and printer calibration, the color of the printed piece may vary from what you see on screen or what prints on your printer.

    DIGITAL FILES

    If you have purchased your digital files, you may make unlimited prints for your own personal use. I will provide you with a written image release to print or display the files but retain the copyright for all images. Under NO circumstances may they be represented as your own work, sold or used commercially or for profit in any form. Your digital files have been carefully edited, retouched, and color corrected. If you are using an uncalibrated monitor, they may not appear perfect on your screen. Do not try to correct or adjust them. As I have no control over where you decide to print your digital files, I am not responsible for the quality or color fidelity of prints made from purchased digital files.

    ARCHIVE

    I will archive the images that you ordered for at least 3 months after your session. Beyond that, I cannot guarantee that your images will be available for subsequent orders.

    LIMIT OF LIABILITY

    I take the utmost care with respect to exposure, safeguarding and delivery of digital files and photographs. However, the possibility of damage or loss is conceivable. In the event that all the photographs and/or digital files have been lost, stolen, or destroyed for reasons within or beyond my control, including non-performance, my entire liability to you for any arising claim is limited to the return of all payments received for the session. The limit of liability for partial loss of the originals shall be a prorated amount based on the session fee and the percentage of originals lost. Compensation is limited to and will not exceed the total paid session cost. If possible, a re-shoot will be scheduled.

    ORDER REFUNDS & CANCELLATION FEES

    I work from start to finish to produce a product that you will be delighted with. If for some reason you are not completely happy with your session or products, I will work with you until you are completely satisfied or provide a partial refund at my discretion. All orders are subject to cancellation fees. 100% design fee if any editing or design work has been done. 100% of the entire invoice amount if the job has been approved and sent to print.

    ENTIRE AGREEMENT

    The client assumes all responsibility for their animal(s) or any other subjects during the session, including any and all destruction of personal, business or public property, personal injury or illegalities. Know your animal(s) and their behavior and limitations before bringing them to the studio or any public area. Please disclose any behavioral or aggression issues before your session.

    MODEL RELEASE

    By signing this contract, I, the client, have the legal right and authority to execute this release on behalf of the subject(s), pet(s) listed on this contract. I hereby irrevocably authorize Kat Ku Photography (KKP) and its assignees, licensees, legal representatives and transferees to use and publish (with or without my name, the pet's name, or with a fictitious name) images of the subject(s) in any and all forms of media, for the purpose of self-promotion, publicity, publishing (including electronic forms as internet websites), resale as prints or other media for commercial use, or in photographic contests or gallery shows. I waive any and all rights to review or approve any use of the images for the above mentioned purposes. KKP agrees to never use the images in a manner which is slanderous, demeaning, or hurtful in any way to me or any of the subjects. I, the client, warrant that I have authority to agree to the use of the likeness of all persons included in the session in this manner and shall indemnify and defend KKP in the event of litigation arising out of such use.

    CREATIVE AND COPYRIGHTS

    All images, original and processed, remain the sole property of KKP. It is ILLEGAL to copy or reproduce any photographs, either physically or digitally, without KKP's permission. Violators of this Federal Law will be subject to its civil and criminal penalties. The client may NOT submit any photos taken by KKP for use in contests. All images, both physical and digital, when purchased or provided to the client are for personal use only. No commercial use by the client is permitted under this contract, including but not limited to resale, promotion of personal business, or use in contests or exhibitions.

    KAT KU PHOTOGRAPHY IMAGE RIGHTS USAGE

    Kat Ku Photography shall have the right to use all negatives, proofs, photos, prints and all images and likenesses thereon in connection with its display and marketing efforts and you grant to Kat Ku Photography a royalty-free, fully paid and irrevocable license to use all such materials for its commercial and artistic purposes and you represent that you have the authority to grant the same.

    PRICING DISCLOSURE

    The client contends that they are aware of and have viewed the current price list for the session fees and any and all products. This price list is adjusted periodically and may change without notice. Orders placed within the 2 week timeframe (beginning the day the online gallery is activated) shall be charged the prices posted at the time this contract was signed. Future orders shall be charged at the prices in effect at the time when the order is placed.

    LIABILITY

    If Kat Ku Photography cannot perform this contract due to fire, casualty, act of God, illness, emergency, or other causes beyond the control of the photographer, and cannot reschedule, KKP will return to the client any money paid, including deposit, but shall have no further liability in respect to the contract. This limitation of liability shall also apply in the event that the photographic materials are damaged in processing, lost through camera or computer malfunction, lost or damaged in the mail, or otherwise lost or damaged without fault or intent on the part of the photographer. In the event that KKP fails to perform for any reason, KKP shall not be liable for any amount in excess of the retail value of the client's order and session fees paid. It is the client’s responsibility to back up any digital files that are purchased or received. KKP shall not be held liable for loss or destruction of files, prints or products once they have been received by the client. No part of any order will be delivered until the required balance is paid in full.

    REPRINTS

    The client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and the client releases KKP from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. KKP will make every effort to provide the most accurate color reproduction on products purchased through KKP. KKP has no liability whatsoever toward the quality of any prints or products reproduced by the client from digital files purchased from or provided by KKP. It is recommended when displaying or storing prints, to use archival materials whenever possible. If any products arrive damaged through no fault of the client, the client may return the products for a refund or replacement.

    By completing this agreement, you acknowledge that you have carefully read, understand, and fully agree to the terms and conditions. Any details not included in writing in this agreement are not binding under either party.

    Should the details of this agreement be contested and result in arbitration or litigation, the prevailing party is entitled to recovery of all reasonable legal expenses. The person signing as Purchaser below will be fully responsible for ensuring that full payment is made pursuant to terms of this agreement.

    I AGREE TO THE TERMS OF THIS CONTRACT (required):
    Yes
    First and Last Name

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    Pet's Name | Age/DOB | Type/Breed/Color of Pet
    Pet's Name | Age/DOB | Type/Breed/Color of Pet
    Pet's Name | Age/DOB | Type/Breed/Color of Pet
    Pet's Name | Age/DOB | Type/Breed/Color of Pet
    Pet's Name | Age/DOB | Type/Breed/Color of Pet

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