Kirsten Laufer Photography General Contract 

The following contract is to be used in accordance to the local and national norms that govern partnership agreements. 

The present partnership agreement form is signed between the photographer and client listed below.
Terms and Conditions

This Contract is between the Client, whose name and address is listed above, and  Kirsten Laufer Photography, “Photographer”.
 
1. Retainer and Payment. The Client shall make a non-refundable retainer in the amount of 50% of the session fee for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The remainder of the session fee balance is due two weeks after booking your session. Client agrees that this session fee is non-refundable and is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, and skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. 

The client understands that the session fee includes the planning, session time, editing and preparing the gallery, and that it does not include product.  Products are available for purchase after the gallery has been delivered, including digital images, prints and collections, with a minimum required purchase of the smallest available collection for type of photography session booked.  These products and collections are not included in the session fee.  Product orders must be placed within 7 days of the session, and payment for these orders shall be submitted to the Photographer within 7 days of gallery delivery, whether via online proofing service or in-person viewing.  Relevant taxes will be added to all session fees and purchases.
 
Any payment plan Contract agreed to by the Photographer and the Client shall be included as an addendum to this Contract.  A late payment fee of $50 shall be applied to the late payment amount in accordance with the payment plan Contract.  No products shall be delivered until the entire amount is paid in full.

2. Cancellation.  Family and Full-Length Sessions: If the Client requests to amend or cancel this Contract 7 or more calendar days before the agreed upon photographic event date, the retainer can be applied to a mutually-agreed upon reschedule date within 6 months of the original date.  If the Client fails to show or cancels 7 or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited.  The exception to this are weddings and special events, in which case the wedding contract will supercede this contract.

Mini Sessions:  The appointment confirmation you receive from my system binds my time to you.  A non-refundable retainer will be applied to all sessions 48 hours after they are booked or as soon as submitted, whichever comes first.  Client must cancel in writing (kirsten@kirstenlauferphotography.com) within that 48-hour window in order to not be held liable for the retainer or additional fees.  Clients who cancel after the retainer has been paid - including within the 48-hour window after booking - and up to 7 days before originally scheduled session date may request to have their retainer applied to a new mini session date within 6 months of the original date.  Mini Session clients cancelling within 7 days of the session date will be held liable for the full session fee.
 
Photographer will provide a variety of edited images in proofing gallery to mini session clients that represent the photographer's best work.  It is at the photographer's discretion as to the number and type of images included, noting that these are short sessions reflecting in both the length of time and the pricing.  Not every image taken will be included, and those not in the final proofing gallery are ones that did not meet the photographer's quality standards.  Client must upgrade to full-length session at least 7 days prior to session if preferring a larger gallery with additional images to preview.  
 
 
Newborn Sessions:  Client (or the client's spouse, family member or friend, hereafter referred to as the Client's Representative) must notify Photographer within 48 hours of baby's birth in order to confirm a space on Photographer's calendar during the newborn's first 21 days.  If Photographer is notified after the newborn's first 48 hours, Photographer will schedule newborn to the best of her abilities within this time frame, noting that she may need to schedule the session for beyond this time frame.  Client understands that photographer holds newborn sessions weekday mornings in her Ladner studio.
 
If Client's Representative is unable to confirm a time on behalf of the Client during that first 48-hour window, Client's Representative is still expected to notify Photographer of the birth so that the Photographer can leave time available on her calendar accordingly.
 
Photographer will reschedule session after 1 hour of photography if newborn is exceedingly fussy and unable to be settled.  If newborn is unable to be comforted within 1 hour of rescheduled session, client will be liable for the session fee of $250 (+ GST) for the sessions, with no additional charges.  Photographer will provide any quality edited images she is able to produce; however, in these extreme situations there is the possibility that no images may be produced; the $250 fee is for the photographer's time alone.  In no event shall Photographer be liable for any amount exceeding the cost of the contract.
 
3. Rescheduling/Late Arrivals.  In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 7 days prior to the scheduled event.  The rescheduled event must take place within 6 calendar months. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event.  Clients shall not be compensated for the time deducted from the event due to late arrival of the Client.  
 
4. Completion Schedule.  Completion schedules and delivery of products shall be determined from the date of final approval by the Client.  Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.
 
• Prints shall take 4 weeks from time of print order to be processed and delivered to the Client.   
• Albums shall take 4 weeks from date of final design approval by the Client to be received by the Photographer.   
 
The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around.  An expedited fee of $$50 shall be applied to expedited product requests.  The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
 
5. Use of Independent Contractor.  In the event a third-party Independent Contractor is hired for services and/or products for the photographic event, the client agrees that Photographer shall not liable for any actions committed by the Independent Contractor, or for products provided by such Contractor. Client agrees to indemnify and hold harmless photographer for the same. Client acknowledges the need to communicate with the Independent Contractor regarding any allergies to any product provided by the Contractor and agrees to communicate with Independent Contractor regarding the provision of services by the Contractor. 
 
6. Photographic Materials.  All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer.   All orders must be placed within the outlined schedules within this Contract.   No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract.
  
The Photographer shall make gallery proofs available through an online gallery proofing website.  These proofs shall be available to the Client within 4 weeks of the photographic event for full-length sessions / 2 weeks of the event for holiday mini sessions.  If an online proofing gallery delivered, it shall remain open for 365 days from delivery.  If the Client requests to extend the time or reopen the online proofing gallery, a $50 un-archival fee shall apply.  
 
7. Artistic Rights.  As an artist, the Photographer retains the right to artistically intrepret what she sees and in what ways she chooses to photograph a scene.  This means that some may be in colour, same may be in black and white.  The photographer may choose to exclude certain props or settings depending on her artistic and professional opinion.  As such, the Photographer retains the right of discretion in selecting the photographic materials released to the Client.   The Client shall receive a gallery of all of the images the photographer feels are the best representation of her work and shall not receive any photographic materials not presented to the Client.  The photographer selects only the best images for the proof gallery; not every image taken will be included.  Under no circumstances will the photographer provide unedited images nor RAW files.  The client is aware of and agrees to the photographers' style, delivery expectations and editing procedures. Basic retouching and editing is included in every session. This is limited to; exposure correction, white balance, black and white conversion, teeth whitening, eye brightening and minor skin blemish removal. Contouring, reshaping, tattoo removal, tan lines, wrinkled clothing, heavy acne, face swaps, object removal, and other intensive Photoshop activities are not included and will incur an additional fee of $25/file CAD. Photographer has the right to refuse intensive manipulation of the session's images. All editing past the basic retouching will be discussed with the client before proceeding.  The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control.  The images contained within the proofing gallery are the only images available from client's session.  
  
8. Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats.  It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.  Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.   Furthermore, client agrees to not screenshot / copy any images out of the preview gallery for usage of any type.  Any screen shot, right click or otherwise copied image will be invoiced at a price of $50 (+ tax) per image, and a high-resolution file will follow payment of said invoice. 
 
The Photographer does provide the Client permission to resize photographs for Internet-based usage.
 
9. Client Usage.  The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract.  The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express written permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client.  Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.  
 
10. Social Media.  The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links.  The Client shall not copy, download, screen shot, or capture the photographs in any other fashion.  The photographer requests that the Client identify the photography service with “Kirsten Laufer Photography” in the caption of all photographs uploaded to social media websites and profiles.  
 
11. Photography and Videography. The Client shall not engage in photography or videography during the course of the photographic event unless otherwise agreed to by the Photographer.  
 
12. Failure to Perform.  If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability.   Photographer shall not be liable for photographs not meeting expectations due to factors beyond the purview of the photographer, including the moods of the client and/or family, behaviour of participants, clothing choices, client appearance, smiles (or lack thereof), family members unwilling to cooperate/participate, crying/uncooperative children, etc.  Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited to cost of the contract. In no event shall Photographer be liable for any amount exceeding the cost of the contract.
 
In the event of newborn sessions, Photographer will reschedule session after 1 hour of photography if newborn is exceedingly fussy and unable to be settled.  If newborn is unable to be comforted within 1 hour of rescheduled session, client will be liable for the session fee of $250 (+ GST) for the sessions, with no additional charges.  Photographer will provide any quality edited images she is able to produce; however, in these extreme situations there is the possibility that no images may be produced; the $250 fee is for the photographer's time alone.  In no event shall Photographer be liable for any amount exceeding the cost of the contract.
 
13. Substitute Photographer.  The Photographer reserves the right to provide a substitute with another photographer in the event Photographer is unable to perform.  The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Contract.  The Photographer warrants the substitute photographer to be of comparable quality and professionalism. The original terms of this agreement will remain in effect. 
 
14. Photographer’s Standard Price List.  The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.  
 
15. Travel and Overage Fees. The Client shall pay overage fees for distances beyond 15 miles from V4K 1E3.

16. Jurisdiction and Venue.  The parties expressly consent to jurisdiction and venue of the federal and provincial courts of Canada and the Province of British Columbia with respect to any suit, claim or dispute arising out of, or relating to, this Agreement. It is understood and agreed by the parties that the Court where litigation is first commenced will retain jurisdiction over any and all related claims or disputes arising out of and concerning this Agreement. Depending on which  Province any action may be commenced, this Agreement shall be deemed to have been made in such Province, and shall be governed by and construed in accordance with the laws of such Province.
 
17. Indemnification. Client agrees to indemnify and hold photographer harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events. 
 
18. Miscellany. This Contract incorporates the entire understanding of the parties.  Any modifications of this Contract must be in writing and signed by both parties.  Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.  This Contract shall be governed by the laws of the  Province of British Columbia.
 
19. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
 
20. Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

Model and Print Release

This Release is between the Client and Photographer for the photographic session scheduled for the date above. Client acknowledges they are the parent and/or legal guardian of the minor models included in session.

The Client authorizes the Photographer, and/or any assignees and licensees, to use and to create images, and any reproduction of them in any form in any media whatsoever, for promotional materials, online marketing, port, and other areas of marketability.  The Client further authorizes the distribution of photographs to potential clients of the Photographer for demonstration purposes, and authorizes the inclusion of such images in a Photographer portfolio. The Client agrees and understands that the photos will be taken digitally.

The Client further acknowledges that the Client will not be compensated, either now or at any time in the future, for any use of the photographs.  The Client acknowledges and agrees that the Photographer shall have the exclusive, perpetual, and irrevocable right to take, use, re-use, publish, and republish photographic materials which contain the Client’s image.

The Client hereby acknowledges and agrees that the Photographer may modify, change, or alter such images without restriction.

The Client hereby acknowledges and agrees that the photographs created by the Photographer shall become and remain the exclusive property of the Photographer, and that the Client retains no rights to said photographs unless specified particularly in this Release.

The Client, also hereby waives all rights and claims and releases the Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, assignment, license, and use, of any kind whatsoever, of the photos. The Client hereby covenants and agrees that the Client shall not bring any action or proceeding or maintain a complaint against the Photographer in any court of law, state or local, or before any administrative body, related in any way whatsoever, to the use of the photographs.

The Client also consents to the use of the Client’s own name or any fictitious name, which may be chosen in connection with the aforesaid photographs. The Client hereby releases any and all claims whatsoever in connection with the use of the Client’s photographs and name and the reproduction thereof as aforesaid. The Client hereby waives any right that the Client may have to inspect and/or approve the photographs or any advertising copy that may be used in connection therewith or the use to which it may be applied.

The Client gives the Photographer permission with respect to photograph the minors included in the photography session for which this document is being signed Client hereby certifies that Client is the parent or legal guardian of the minor who is subject to the foregoing release. Client certifies that they are acting both individually and on behalf of said minor, Client consents to the execution of the foregoing Release by said minor and the grant of right made therein. The Client warrants that they are the parent or legal guardian of the minor and have full right and authority to grant this consent on behalf of such minor.

I certify that I have read, fully understand and agree to the conditions and terms of this Contract as stated herein.

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