TERMS AND CONDITIONS

 

• It is understood that Karen L. Orozco / KO Photography (hereinafter referred to as Photographer) is the exclusive official photographer retained to perform the photographic services requested on this Contract.

 

• Upon retainer payment of $35, the Photographer shall reserve the time and date agreed upon.  In the event of rescheduling your appointment, photographer/studio requests a 48 hour notice by phone call or text (931)302-2714.  Your fee will be moved to your new appointment. In the case customer needs to cancel, photographer requests that client do so 3 day’s in advance or retainer fee will be forfeit. If cancelation is done in requested timeframe, your retainer of $35 will be refunded in full. 

 

• If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the photographer, photographer may elect to use an alternate location or to reschedule the portrait.

 

• Full payment of balance is due at the end of your session.  No part of any order, including previews, will be delivered until the balance is paid in full.

 

• Copyright.

Client understands that Photographer is the sole and exclusive holder and owner of the copyright of each image taken during the services provided under this Agreement and Client is receiving a Limited Commercial Use License as set forth below. Photographer retains all rights to the images, including but not limited to, the right to copy, display, and/or publish any and all images, for any reasons, including but not limited to marketing, advertising, print competitions, and for use on Photographer’s website, portfolio, blog, and social media platforms, including, but not limited to, Facebook, Instagram, and Twitter. Copyright protection is established United States Federal law and allows all violators to be punished to the full extent of the law.

 

• The Client, through retainer payment, understands this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Photographer in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of this Photographer.

 

• Client Usage; Limited Commercial Use License.

Client is purchasing from Photographer high-resolution un-watermarked digital files and Photographer

is issuing to Client An Exclusive a perpetual limited license for Client’s limited commercial use of the digital files in the normal course of Client’s business, including, but not limited to, advertising, marketing, or other promotions, or on Client’s website, blog, or social media platforms. Client understands that the digital files are meant for print and online marketing and advertising materials or campaigns. The digital files may be not altered, edited, or manipulated in any way, except that Client may add their business name, logo, website or other advertising or marketing campaign text to the digital files so long as it does not affect the elements of the image as styled by Photographer. The digital files may not be used by anyone other than the client. The Client cannot sell, lease, or give images to third party.

 

 

• Photo Notice and Markings: Client must include a photo credit or copyright notice in the name of the Photographer on all Photos.

 

• Editing. Client agrees and understands that Photographer edits the proofs at their own artistic discretion, and said editing is included in the session fee.  Any addition editing requested by client will be subjected to a $50 an hour fee.

 

• Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.

 

• If the Photographer cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return any deposit or retainer fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of all monies paid.

 

• 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.

 

• NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs elsewhere without Photographer’s permission, and violators of this federal law will be subject to its civil and criminal penalties.

 

• This Contract incorporates the entire understanding of the parties and is governed by the laws of Clarksville/ Montgomery Country, Tennessee. Any modifications of this Contract must be in writing and signed by both parties.

 

• I have read and understand this agreement, including the terms and conditions, and agree by making my retainer fee payment, to be bound by them.