Client agreement

We value each of our clients and do everything for you because you deserve the best! Therefore, we have established essential business policies and procedures to maintain high standards for all photography sessions, appointments, and business contracts and transactions. Please be aware that additional policies and procedures may be included in contracts and agreements beyond the ones listed below.

Retainer/Payment

For your convenience, payments can be made online via HoneyBook.com using a valid credit card. Otherwise, payment is to be made by cash, cashier check, or personal check. 30% initial retainer due upon completion of the signed agreement for services. The remaining balance is due as indicated.

Package

Includes all services described in selected package details reviewed and distributed to clients. The package includes photographing for the set time and complimentary initial art installation (if purchased, a la carte wall art). The package includes no digital files and/or RAW digital files (refer to the digital files section). Edited photographs will be uploaded to an online gallery within five to six weeks for

viewing only, which can guarantee thirty photographs per hour. Clients must schedule an appointment to order wall art or other products. If you require any additional services or products beyond the scope of the package, these will be billed directly to you at cost. Please note that all services that are part of the contracted package cannot be deducted, but you have the flexibility to add to extra services as needed.

Creative License

The clients know Kelseycharmayne Photography's work, including style and portfolio, and waive the right to refuse payment based on dissatisfaction with style, composition, lighting, processing, or any other artistic choice.

Digital Files

Digital files will not be shared, including but not limited to cloud storage services, client galleries and photograph gallery hosting sites, file sharing platforms, or any hard copy (flash drive, memory card, external hard drive, or CD. All forms of digital files will be kept safe with Kelseycharmayne Photography, LLC, will not be given to the client, and will not be available for purchase.

Storage of photographs

The photographer agrees to retain the original photographs for the purpose of photographing wall art and products and fulfilling orders, which shall be charged at the photographer's then prevailing price structure. The photographer will notify the client(s) of any changes.

Documentation

All documentation created and provided to client is owned and copy written by Kelseycharmayne photography, LLC and cannot be used or given to any other 3rd party. This agreement incorporates the entire understanding of the parties. Any modifications of this agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this agreement.

Copyright

Client hereby assigns and grants the photographer and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the client or in which client may be included for editorial, trade, advertising, or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases the photographer and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that the photographer may display and use the website and internet promotion, photographic contests, public displays, photography books, window displays, or television advertising. The photographer owns the copyright to all the photographs and digital images and reserves the right to use them for display, publication, advertising, The Photographer owns the copyright to all the photographs and digital images and reserves the right to use them for display, publication, advertising or other purposes.

Destination

The photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events. All travel can be arranged by clients per specifications of Consultant or arranged by Consultant with agreement of payment invoiced.

Liability

It is understood that Kelseycharmayne Photography, LLC is only liable for services completed and provided by the Consultant and cannot be held liable for the services of other contracted vendors. It is understood that the Consultant shall not be liable for consequential damages of any kind.

Cancellation Policy

If the event is canceled, no portion of the fees paid to the Consultant will be returned or refunded. If the event is canceled less than one month before the date, payment will be required to compensate for hours of service already rendered and the loss of the event date. If the event is postponed, services contracted can be applied to a new date if available (refer to Postponement Policy).

Postponement policy

If the event is postponed, all services will cease at the time of notification of postponement if no new date is determined. The payment schedule will be determined and readjusted post-new event date notification. If the client requires services to resume after a new event date is established, the second payment will be required at the time of service re-start.

Responsibility

Kelseycharmayne photography, LLC is not responsible for Acts Of God, Natural Disasters, an Act Of Government such as A Declaration of National or Local Emergency, or Other Incidents Not within the control of the consultant, i.e. accident, death in the family, illness, pregnancy, or sudden tragic circumstance. In such a situation, consultant will obtain, upon approval of the client, a qualified professional replacement to fulfill consultant’s obligations under the contract, at no additional charge to the client. If the photographer is unable to perform this agreement due to illness, emergency, fire casualty, strike, unsafe environment, threat, act of God or causes beyond the control of the photographer, the photographer will not be held liable for missing the scheduled session coverage. Photographer will arrive to the session at the best of their abilities. If coverage and photographic services cannot be fulfilled by Kelsey Doletzky or a replacement chosen at the discretion of the photographer, photographer shall return the retainer to the client and shall have no further liability. Further, if the photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the photographer, liability shall be limited. The limit of liability shall not exceed the contract price stated herein. Kelseycharmayne photography, LLC will not be held responsible of any ruined photographs due to any cause or outside Kelseycharmayne photography, LLC control.

Non-disparagement

For purposes of this Section, “disparage” shall mean any negative statements, reviews, comments, or feedback, whether written or oral, about Photographer or services provided by Photographer [Kelsey Doletzky, Kelseycharmayne photography, LLC]. Client agrees that they will not disparage Photographer, or post any negative statements, reviews, comments, or feedback about Photographer or services provided to any third party whether orally or in any written publication or online forum, chat room, or message board, including but not limited to Facebook, Instagram, Twitter, and Yelp. Parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a failure to comply with this provision. Parties agree that in the event it is established that Client has filed to comply with this provision, liquidated damages may be upheld in the court of law.

Appropriate Conduct/ Safe Working Environment

The Client(s) expressly agree(s) to make the best efforts to provide the Vendor’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either or a bystander to present a threat or implied threat of injury or harm to staff or equipment,. reserves the right to cancel all services remaining under this Agreement and leave the event. The photographer from , at the photographer's discretion, may enact a three-strike policy. After the first offense, will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, will immediately leave the event. If leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold harmless as a result of incomplete event coverage, or for a lapse in the quality of the work, and the Client(s) shall be responsible for payment in full.

Contracted Vendor's & Payments

Any rentals and/or subcontracted vendors contracted on behalf of the client will be paid in full directly. No payment can be made through kelseycharmayne Photography, LLC.

Damage or loss of accessories

The client agrees to exercise all due care in caring for and preserving the property of Kelseycharmayne Photography, LLC. The client shall remain responsible for all loss or damage to rentals, up to and including the actual replacement value for each missing or damaged item per cost.

Failure to Pay

Failure to make payments as agreed above shall result in a breach of this agreement whereby the client shall forfeit all monies paid. Failure by the client to make any payment when due shall entitle the photographer to withhold services and terminate this agreement without any further responsibility to the client and without refund of any amounts received from the client. For services provided by the photographer without an advance deposit from the client, late payments thereafter may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less).

Attorney

If legal action is necessary to enforce the terms of this contract, the prevailing party shall be entitled to reasonable attorney fees in addition to any other remedies to which that party might be legally entitled.

Integration Clause

This agreement represents the complete agreement between the parties, and there are no promises, representations, or understandings that are not expressly set forth herein. The parties hereto agree that facsimile signatures shall be effective as if originals.

Applicable Law

This agreement shall be governed and construed by the laws of the state of Michigan. The parties hereto further agree that any dispute arising from this agreement may only be brought in said county. As to such dispute, the parties now submit themselves to personal jurisdiction in said county.