Contract

GENERAL TERMS AND CONDITIONS
It is understood that Kaylee Burgess Photography (Photographer) is the exclusive, official photographer
retained to perform photographic services requested on this contract.


Photographer reserves the right to use negatives, RAW images, edited images and/or reproductions for
advertising, display, publication or other purposes, not restricted to use on the web, Facebook, business
cards, or posters.


No part of any order, including previews, will be delivered until the balance is paid in full. Payment for
prints is required in full at the time of placing an order. Prints will not be ordered until payment is made.

 

Original photographs are not included, only edits. Photographer retains the right to edit the photographs
and omit any image. It is understood that Photographer will not deliver every exposure taken. Client
agrees to abide by Photographer’s editing decisions.


Client will receive photos on digital download/DVD/USB Drive with print release for personal use. Digital
download/DVD/USB Drive includes images for printing and may be used on the web, Facebook, or
email.


Client understands that when publishing photos on websites, i.e. personal website, Facebook, etc., client
will not edit the photos in any way, i.e. editing the watermark, cropping, filters, etc.


Client is responsible for making a backup of all photos from the digital download/USB/CD/DVD.
Additional USB drives/CDs/DVDs may be purchased from Photographer. Photographer will make every
attempt to keep archival copies of photos, but does not guarantee that they will be retained indefinitely.
Backup copies are for client use only and may not be distributed to others.


Client shall assist and cooperate with Photographer in obtaining desired photographs. Photographer
shall not be responsible for photographs not taken as a result of Client’s failure to provide reasonable
assistance or cooperation. Client will be respectful to Photographer and all parties being photographed.
Photographer has the right to end the session, without refund, if there is lack of cooperation or respect.

 

Client will not hold Photographer or the owner of the property liable for any injury that may occur during
the session.


In the event Photographer files suit to enforce any term or condition herein, Photographer is entitled to
expenses of litigation, including reasonable attorney fees.


NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs without
Photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal
penalties. Photographer retains copyright to the photographs. Printing and/or distribution rights granted
as noted below.


PAYMENTS
The charges in this Contract are based on 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 the order is placed.
All retainers and payments are non-refundable. Your deposit invoice must be paid within 24 hours of
receipt or your session will be cancelled.
This Contract incorporates the entire understanding of the parties. Modification to this Contract must be
in writing and signed by both parties.


FOR ALL SESSIONS (NOT INCLUDING EVENTS)
Photographer understands weather, illness, or other reasons may cause Client to reschedule a session.
Client will not be charged a penalty rescheduling a session provided at least a 24 hours notice is given.
Client may reschedule the session, at the convenience of Photographer, without being charged a fee. No
show or rescheduling within 24 hours will incur a $25 reschedule fee at the discretion of Photographer.
Photographer will make every effort to spend the necessary time, including on multiple days, at the
convenience of Photographer. Photographer may reschedule without penalty.

Completion of processing and edits of a photography session may take four (4) weeks for delivery.


FOR INFANT SESSIONS
Infant sessions may be purchased as a one-year package. Clients who purchase a one-year package
are responsible for contacting Photographer to schedule each session. Photographer is not responsible
for missed sessions. Missed sessions are not refundable. If client cancels the rest of a one-year
discounted package, the balance of the package is still due.


TRAVEL
Travel within the Paducah, KY area is included in the session fee. A travel fee for sessions outside of
Paducah may be added to the cost of the contract. Contracts that require multiple trips (one year infant
packages) may require a travel fee for each session. Travel fees are based on mileage to and from the
location and may change as necessary. All travel fees must be prepaid.


DIGITAL IMAGE AND PRINTS TERMS OF USE
Client may not reproduce the album or files in any way. Additional copies may be purchased for a fee or
$25. The album is only for the owner (the paying client) to print photographs (as noted in the release).
Client may not edit the photographs in any way. This includes, but is not limited to, removal of
watermarks, cropping, or using filters.
Printed photograph quality will depend on where it is printed. Only prints printed through Photographer
will be guaranteed for color and quality. One hour photo labs are allowed but not recommended for
quality.


Client may print images at the professional photo lab of choice including 1 hour labs, pharmacies and
online distributors.


If included, files in the “web” folder or with “web” in the name are resized and sharpened for web viewing
(i.e. Facebook, Flickr, Blogger). These files are watermarked and should be used. Client should not print
these files. These files should be used on the Internet (web, Facebook, e-mail, etc.).


Photographs may be used for advertisement (modeling, head shots, etc.) for an additional fee. Credit to
“Kaylee Burgess Photography” must be given for the photograph.


Photographs may not be entered in photo contests without expressed permission from Photographer. An
additional fee may be required for use.


Digital album downloads will be removed after thirty (30) days. A $50 fee will be charged to repost digital
album downloads.


The above terms and conditions have been read and accepted by the client.