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your story. simple. beautiful. real.
YOUR STORY
HOW IT WORKS
Q + A
INVESTMENT
CLIENT LOVE
SMALL BUSINESS STORYTELLING
MY STORY
PORTFOLIO
BLOG
CONNECT
SAY HELLO
NEWSLETTER
CONTRACT AND MODEL RELEASE
FOR EVENT CLIENTS
Name
*
Name
First Name
Last Name
Address
Address
Address 1
Address 2
City
State/Province
Zip/Postal Code
Country
Phone
*
Phone
(###)
###
####
Email Address
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AGREEMENT. The following agreement and its terms will set forth an agreement between Erika Kao Photography, LLC (Provider) and Client (named above), the parties, for assignments executed by the Provider for the Client for the determined date. This written agreement sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties.
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CONSENT TO BE PHOTOGRAPHED. I herby consent that the photographs to be taken by Erika Kao may be used for the purpose of display, portfolio, website, or advertising to solely promote Erika Kao Photography. I also agree that images can be used without compensation to the undersigned. Also agreed upon is that I will not use the photos taken by Erika Kao to profit off of, or enter the photographed into any photo contests or use as head shots for modeling agencies. If I download files through Erika Kao Photography, I agree to not alter the images in any way (B&W conversion, cropping etc.). I understand that Erika Kao retains full copyright of these images and that copyright infringement is punishable by law (see below).
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DEPOSIT AND PAYMENTS. A $200 retainer is due at time of booking. The remainder is due the day of the session, prior to the session. Payment for any additional products is due in full at the time of product ordering. Please consult your custom invoice for amount due. Payment must then be made via certified check, money order, or cash. Charges incurred by insufficient check funds are the sole responsibility of the client.
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ATTENDANCE AND CANCELLATIONS. Attendance at photo sessions is limited to those being photographed. Having additional people present can be distracting to both the photographer and to those being photographed. If you must cancel your session due to child illness or other personal emergency, please provide me with 48 hours' notice so I can reschedule your session and provide this time for another client. Each client gets one reschedule date for personal reasons. Should you need to cancel for a second time, 50% from your initial deposit will be forfeited. Please understand that when you cancel you have taken a session "off the books," thus resulting in loss of profit and time for Erika Kao Photography.
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PHOTOGRAPHER EXCLUSIVITY. Additional professional photographers are not permitted at the shoot.
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DELIVERY OF DIGITAL IMAGES AND/OR TANGIBLE PRODUCTS. If included in Client's selected package, edited digital images will be shared via preview gallery on a private website within 14 (fourteen) days of date of service. Client has 7 (seven) days to select favorites and order products. After the gallery expires, there will be a $50 fee assessed to reinstate the gallery. Client images are saved on the photographer's hard drive for a maximum of three months after which time they are archived. Please back up your files. There are no exceptions. If included in Client's selected package, tangible products such as albums that are ordered will be delivered within 6 weeks from session date.
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ALL SALES FINAL. Due to the custom nature of the products and services provided by Erika Kao, all sales are final once received and items cannot be returned.
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COPYRIGHT. All photographs are copyright by the Provider. Client shall not crop, edit, or manipulate the images in any way for reproduction for physical or online purposes without express permission of the Provider. All rights not expressly granted to the Client shall be reserved by Erika Kao Photography.
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PRINTED PORTRAIT DAMAGES. Erika Kao cannot be held responsible for portrait damages incurred as a result of improper handling, framing, hanging, or shipping when the provider is not directly affiliated with Erika Kao Photography.
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CREATIVE LICENSE. Images will be edited at the photographer's discretion, and delivered images may not include all images shot. Because of the nature of lifestyle and documentary photography, no specific pose or photograph can be promised. The photographer reserves the creative right to edit and release only those deemed professional in quality and within her artistic standards. The Client grants the photographer creative and artistic license in relation to the choice of locations and poses used. The photographer's judgment on photographic style and the number of photographs taken shall be deemed correct. The photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to the Client. The number of photos in a viewing gallery may vary from client to client depending on many factors (such as size of family and specific shots requested).
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INDEMNIFICATION. Client agrees to indemnify and hold harmless Provider of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, arising out of or relating to the work of Erika Kao Photography.
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MISCELLANEOUS TERMS. If any provision of these terms shall be unlawful, void, or for any reason unenforceable under agreement Law, then that provision, or portion thereof, shall be deemed separate from the rest of this agreement and shall not affect the validity and enforceability of any remaining provisions, or portions thereof. This is the entire agreement between Provider and Client relating to the subject matter herein and shall not be modified except in writing, signed by both parties. In the event of a conflict between parties, Client agrees to solve any arguments via arbitration. If for reasons beyond our control the Provider becomes sick or cannot perform due to emergency and unforeseen situations, a complete refund will be issued by the Provider. Provider is not responsible for any consequential damages or lost opportunities upon breach of this agreement.
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RIGHT TO A SAFE WORKING ENVIRONMENT. The Client(s) agree to undertake best efforts to ensure the Photographer and the Photographer’s staff are treated with respect and dignity and that the Photographer is provided with a safe working environment. Should an issue arise, the Photographer will make reasonable effort to handle the matter. If the situation is not remedied in a reasonable amount of time, the Photographer retains the right to cancel the remainder of the event. Safe working environment issues include, but are not limited to, any instances of sexual harassment, violence, threats, or other similar behavior that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation, the Client(s) will not be entitled to any refund.
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ELECTRONIC SIGNATURE. I understand that entering my full name in the below boxes constitutes a legal signature confirming that I acknowledge and agree to the above terms.
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Date
*
Date
MM
DD
YYYY
RELATIONSHIP TO THE PERSON WHO SIGNED ABOVE.
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THANK YOU!
So excited to work with you. :)
