seasonal mini sessions agreement

Deliverables include 20 minute session coverage, 20-25 fully edited images, complete gallery delivered within 2 weeks at a rate of $325.00 This Client Services Agreement(“Agreement”) is entered into, and is effective as of the Agreement Date(as defined below) by and between Katrina Kim Photography, LLC (hereinafter “Katrina Kim Photography, LLC” or “Photographer)” and the person(s) identified as the “Client” on page one of this Agreement. 1. DEFINITIONS 1.1 “Assignment” refers to the session and any related photography services specifically commissioning Photographer to perform. 1.2 “Cancellation” means that the Assignment is canceled by the Client and not rescheduled. 1.3 “Photographer” means Katrina Kim Photography. 1.4 “Work” means all photographic images, negatives, digital files, prints, albums or other materials created by Photographer while performing the Assignment. 2. PAYMENT SCHEDULE & RESERVATION: Client and Photographer agree that seasonal photography sessions are offered at a promotional rate and cannot be transferred to a different date or location. Client must pay all the payments described above before the Photographer has any obligation to perform the assignment. Client’s failure to pay the agreed upon amount for the assignment shall be deemed a material breach of this Agreement, and shall relieve the Photographer from performing any and all services under this Agreement. Upon acceptance of these terms, Katrina Kim Photography, LLC reserves the time and date and will not make any other reservations for that time. 3. SUBJECTS: This session will be limited to five(5) subjects. 4. SPECIFIC IMAGE: Clients agree that Photographer cannot be held responsible for any specific image that may not be delivered. Any failure by the Photographer to deliver any specific image shall not be a breach of this Agreement, shall not result in a refund of any money paid by Client to the Photographer, and the Photographer shall not be responsible to provide any other remedy to the Client. 5. LIABILITY LIMITATIONS: Katrina Kim Photography, LLC shall not be liable for any damage or injury sustained by Client. The Photographer takes the utmost care with respect to exposure, transportation, and processing photographs including the use of professional grade equipment and professional grade backup equipment. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Photographer’s control, Photographer’s liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of images shall be at a prorated amount of the exposures lost based on exposures promised in the package. 6. COVID-19 PANDEMIC The Client(s) understand that the Photographer complies with all health and safety laws, directives, and rules and regulations. Photographer will adhere to all official orders mandated by the California Department of Public Health. Further, the Photographer will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. The Photographer reserves the right to end service coverage immediately and/or leave the session due to any violation of health and safety protocols as agreed upon prior to the event between Client and Photographer. The Photographer shall be entitled to retain all monies paid and the Client(s) agree to relieve and hold the Photographer harmless as a result of incomplete session coverage, or for a lapse in the quality of the Photographer's work. 7. POSTPONEMENT, RESCHEDULING, CANCELLATION 7.1 POSTPONEMENT & RESCHEDULING: The Client acknowledges that in the event of rainfall Katrina Kim Photography, LLC agrees to reschedule the assignment as long as the Photographer is available on the requested date. The newly requested date must also be within 7 calendar days of the original date. If the Photographer is unavailable on the requested new date, the Agreement will be presumed canceled. 7.2 CANCELLATION: The Client acknowledges that cancellations must be made no less than 72 hours in advance for a full refund. Cancellations made less than 72 hours in advance will be refunded via original form of payment. 8. COMPLETION SCHEDULE: Final image processing takes approximately 2 weeks. Katrina Kim Photography, LLC will deliver the prints and any additional material once printing is completed. Katrina Kim Photography will also deliver an online gallery with high resolution files once they are ready. Katrina Kim Photography, LLC will not be held responsible for the quality of prints produced by third parties, such as independent printers, wholesale clubs, pharmacies, etc. Upon releasing the digital files to the Client, Katrina Kim Photography, LLC is released liability of archiving all of the files. Katrina Kim Photography, LLC is not responsible for the corruption or failure of image files due to mishandling, the lifespan of any digital media provided or for any future changes in digital technology, or media readers that may result in an inability to read files provided. 9. COPYRIGHTS: The work created by Photographer during the Assignment constitutes the copyrighted work of Photographer and Katrina Kim Photography, LLC. Katrina Kim Photography, LLC shall only make reproductions for the Client, or for the Photographer’s portfolio, studio samples, self promotions, instructional purposes for or within Katrina Kim Photography, LLC. Any such use will be judicious and consistent within the highest standards of taste and judgment. The Work at all times shall remain the property of Photographer and will not be sold to any other party without the written consent of the Client. Any portion of the Work delivered to Client is for Client’s personal use only. Client may not sell or reproduce, nor authorize the sale or reproduction of, any portion of the work without the Photographer’s written consent. 10. SPECIAL REQUESTS OF RETOUCHING & IMAGE MANIPULATION: Photographer is granted total artistic control over the final images. This session does not include any additional editing and retouching, such as, but not limited to, the correction of blemishes, body manipulation, and eliminating wrinkles. 11. JURISDICTION & VENUE: This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. This agreement shall be governed by the laws of the State of California. This agreement was negotiated, executed and delivered within the State of California, and the rights and obligations of the parties hereto shall be construed and enforced in accordance with and governed by the internal laws (and not the conflict of laws) of the State of California applicable to the construction and enforcement of contracts between parties residing in California which are entered into and fully performed in California. Any action or proceeding arising out of, relating to or concerning this Agreement, including, without limitation, any claim of breach of contract, shall be filed in the state courts of Los Angeles County, California, or in a United States District Court within 50 miles of Los Angeles County and in no other location. The parties hereby waive the right to object to such location on the basis of venue. I / we, the undersigned Contracting Party, hereby warrant that I / we are competent to contract on my / our own. I / we confirm that I / we have read the herein agreement prior to its execution and I / we are fully familiar with the contents thereof. This agreement shall be binding upon us and our heirs, legal representatives and assigns. And, we certify that we have received a complete copy of this agreement with all blank lines completed.