RETAINER AND PAYMENTS
Depending on the type of session booked, a non-refundable retainer is required to secure the services specified at the time of booking by the CLIENT. All payments are to be made to Kristin Greenwald Photography via cash, check, Venmo, PayPal or Zelle (along with applicable convenience surcharges). Your date is not reserved until payment is received. All retainers are nonrefundable in the event of cancellation by the CLIENT. To consider a date change, Kristin Greenwald Photography must first receive a written release of the current contracted date, which will null and void the original agreement. The remaining balance must be before or on the date of the event.
If CLIENT is late for their scheduled time slot, the session will still end at the scheduled time and the CLIENT’S session time will be reduced accordingly. NO EXCEPTIONS.
There will be no refunds for cancellations or no shows. CLIENT will always have the option to reschedule in the event that CLIENT cannot keep the original booking. Reschedules must take place within 6 WEEKS of the original booking date at the photographer’s convenience or be subject to forfeiture. Photographer has the right to cancel session indefinitely after two (2) consecutive CLIENT reschedules.
Sessions will take place at a location of CLIENT'S choice within a 25 mile radius of zip code 48009. Locations outside this radius will incur a $1/mile travel fee.
TIMING OF PRODUCTS
Online edited proofs of a portraiture session are available 30 days following the event date. Online edited proofs of an event are available 6-8 weeks from the event date. These are estimated timeframes; peak season (May to November) may cause CLIENT’S timeframe to vary. CLIENT’S portrait gallery will be active for 21 days following the upload date for CLIENT to review images and place their order. As events include the high resolution digital files, events will be active for 90 days. There is a $25 fee to reactivate an expired gallery and the gallery will be extended seven (7) days.
All photographic materials, including but not limited to the digital files, shall remain the exclusive property of Kristin Greenwald Photography. Kristin Greenwald Photography reserves the right to maintain possession of the original set of files. If digital files are purchased, Kristin Greenwald Photography will still hold the copyright to all images.
COPYRIGHT AND REPRODUCTIONS
Kristin Greenwald Photography shall own the copyright for all images created at the event and shall have exclusive rights to make reproductions. Kristin Greenwald Photography shall only make reproductions for the CLIENT or for the Photographer’s portfolio, studio samples, self-promotions, entry in photographic contests or exhibitions, instructional purposes, editorial use, or for within or on the outside of Kristin Greenwald Photography’s studio. Any such use will be judicious and consistent with the highest standards of taste and judgment. If the Photographer desires to use images for uses other than those specified above, Kristin Greenwald Photography shall not do so without first obtaining written permission from the CLIENT.
By purchasing digital files, CLIENT is purchasing the license to use these images for duplication and personal use only. The CLIENT is not is not permitted to use the files for commercial use, nor to provide them to others for commercial use. The files are not to be altered (e.g., edited) in any way, including the use of filters via social media (e.g., Instagram). Kristin Greenwald Photography has worked tirelessly to establish a brand and the use of filters leads potential clients to falsely believe that this is the type of product they can expect from Kristin Greenwald Photography. If it is found that CLIENT is using filters while sharing the images via social media, at a minimum, Kristin Greenwald Photography reserves the right to no long work with CLIENT in the future due to this direct violation of studio policy. This release allows CLIENT to print any pictures from the digital files in any medium, in any quantity, at any location. It is a violation of federal copyright law to allow photographs taken by Kristin Greenwald Photography, but not digitally purchased by the CLIENT, to be reproduced or altered in any manner, including but not limited to electronic scanning via personal scanner, “screen capturing,” or reproduction via photo lab or self-service kiosk. Kristin Greenwald Photography is not responsible for print and/or color quality of images not printed with Kristin Greenwald Photography labs. When using local labs, CLIENT should ask that their machines NOT use auto color or other enhancements to help maintain the same color and look of the images that CLIENT sees on their computer. All images are cropped to a 4×6 ratio and may be printed any size.
Upon releasing the digital negatives to the CLIENT, Kristin Greenwald Photography is released of all liability for archiving all of the files. Kristin Greenwald Photography maintains the digital negatives for a period of one year from the event date. After this time, it may be impossible to print images from Kristin Greenwald Photography’s archives as the files may be deleted. Long-term archiving and backup is the sole responsibility of the CLIENT.
FAILURE TO PERFORM
If the Photographer cannot perform due to fire, casualty, act of God, illness, or any other cause beyond the control of the Photographer, then Kristin Greenwald Photography shall return all monies paid and shall have no further liability with respect to this contract. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or memory card malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event that Kristin Greenwald Photography fails to perform for any other reason, Kristin Greenwald Photography shall not be liable for any amount in excess of the value of the CLIENT’S package.
The CLIENT is aware that color dyes in printed photographic materials may fade or discolor over time due to the inherent qualities of the dyes and chemicals. The CLIENT releases Kristin Greenwald Photography from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
VENUE RESTRICTIONS AND RELEASE OF LIABILITY
The Photographer may be necessarily limited by the guidelines or rules of the venue and/or premises. CLIENT understands and agrees that Kristin Greenwald Photography will abide by such guidelines or rules and that they are outside the control of Kristin Greenwald Photography. The CLIENT agrees to hold Kristin Greenwald Photography and the owners of the venue and/or remises harmless and releases all liability for any and all situations.
While Kristin Greenwald Photography will make every reasonable effort to take specifically requested photos, the CLIENT understands that due to the varieties of the weather, available light, and willingness or availability of subjects, Kristin Greenwald Photography cannot guarantee that any particular requested photo will be taken.
Kristin Greenwald Photography shall be granted full artistic license in relation to the poses photographed and the locations used. The CLIENT understands that Kristin Greenwald Photography does not photograph from a “shot list” and that the hallmark of Kristin Greenwald Photography’s photographic approach is non-posed, journalistic coverage of actions in real-time.
Kristin Greenwald Photography will be responsible for creative decisions including, but not limited to, the editing and quantity of the images; and the colors, image(s), and quantity of the holiday cards (if applicable).
CLIENT understand photographs taken and presented by this photographer may be used by photographer for the purpose of display, portfolio, advertising, website or any publication to promote his/her studio or name, and the images can be used without additional compensation to CLIENT.
Except as noted otherwise, the charges are based on Kristin Greenwald Photography’s standard price list. This price list is adjusted periodically and any future orders or additions to this contract shall be charged at the prices in effect at the time when the order is placed or change requested. Any prepayment for any product is subject to forfeiture if CLIENT does not complete the product order within one (1) year from the event date.
Kristin Greenwald Photography maintains business liability insurance to protect CLIENT from claims by the property owner for accidental damage that Kristin Greenwald Photography and staff may cause. Certification of insurance is available upon request.
EVENT FOOD SERVICE
A hot meal is required for the Kristin Greenwald Photography photography team for events six (6) hours or longer. If no meal is provided, it is understood that Kristin Greenwald Photography and staff will leave the event to purchase a meal.
Any requests for services beyond those agreed to will only be accommodated at the discretion of Kristin Greenwald Photography and Kristin Greenwald Photography reserves the right to charge an additional fee for those services at $300 per hour, billed in 3o minute increments.
This agreement incorporates the entire understanding of both parties. Any modifications to these agreements must be in writing, signed by both parties, and many not be orally altered. Any adjustments to this agreement cannot reduce the total overall dollar value. This agreement shall be governed by the laws of the State of Michigan. If any provision of this agreement is determined by a court to be null, void, or invalid, it will be deemed stricken from this agreement and the rest of this agreement will remain in effect. In the event Kristin Greenwald Photography is required to institute legal proceedings against a CLIENT and prevails, Kristin Greenwald Photography shall be entitled to its actual costs and attorney fees.