Portraits – Couples, Singles, Dog, Family, Iguana, etc…
I will spend 45 minutes to an hour capturing your most authentic self (or selves) either at a location of your choice or in your home. We will laugh, move and have fun while documenting memories to last a lifetime.
Commercial – Food, Product, Branding
Commercial shoots are for restaurants, boutiques, makers, shakers and anyone in between. Advertise your craft(s) with high-quality, creative and fun photos customized to suit your individual and business needs. Included are roughly 20 high-res images.
Weddings – Intimate Ceremonies, Elopements, Destination
Taking the plunge? I love to capture small weddings and elopements and I would love to photograph your’s! Drop me a line and we will talk in person or over Skype about your ambitions and expectations for your special day.
1. A SUMMARY OF THE CONTRACT
The photographer is responsible for providing for the client a photographic service and products as detailed in section 2 (“coverage”). The client is to respect the copyright regulations covered in section 3. Both photographer and client are to agree to the rules of attendance listed in section 7. The client undertakes to engage the photographer for this coverage for the price as detailed at the bottom of this contract.
The person(s) whose signature(s) appear on this contract, known as “Client”, agree that Colleen Kelly, known as “Colleen Kelly Photography”, shall provide services to photograph to the best of her abilities, in the manner described in this document. This is a binding contract, which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original document. The laws of the State of Colorado shall govern this contract, and any resulting arbitration shall take place within Louisville, Colorado. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary.
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this
Coverage: Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. 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 Client. Number of photos may vary from client to client depending on many factors including but not limited to: the number of people, cooperation of subjects photographed, efficiency of the shoot, locations, and lighting.
The entire copyright in the photographs is retained by the Photographer at all times throughout the world. Where digital image files of photographs have been provided to the Client as part of their photo shoot collection, these photographs may be printed, and displayed online, for personal but noncommercial use. The photographer retains the right, in all cases, to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting her work.
Copyright: All photographs taken by Colleen Kelly Photography by Colleen Kelly are her property, will remain her property and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties.
Reproduction: Client agrees to purchase prints directly from Photographer unless in possession of high-resolution digital files and Limited Print Release distributed by Photographer. Client agrees not to scan, copy, or reproduce images in any manner without written permission. Should Photographer become aware or reproduction without permission, Client will remit a usage fee of $300 per image, per usage to Photographer. If high-resolution digital files are purchased, a written release will be supplied with those files. The release grants Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold, or published. Client further agrees not to supply to any third parties.
Limited Print Release: If photographer has granted the print release to the Client, the Client has rights to print within the limits of that document. If Client is not in possession of the limited print release granted by the Photographer, Client has no rights towards printing digital images and doing so is illegal. Please contact the photographer at the listed contacts at the top of this contract, with any questions or concerns.
4. MODEL RELEASE
This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Colleen Kelly Photography by Colleen Kelly. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.
5. IMAGE SIZE, COLOR, STYLE, AND COMPOSITION
All image sizes are approximate. The Photographer will provide a pleasing color balance but does not guarantee exact color matching. It is sometimes not possible to record on film or in print the exact color as seen by the human eye. There is no right to reject on the basis of style or composition. Image Processing/Printing: Unless agreed upon prior to any editing work, digital image files and/or proof sets may contain a mixture of color, and black and white images. An alternatively colored version of a photo may be purchased at the current rate. Limited color correction and/or retouching are included at Photographer’s discretion. Client may request further changes for an additional charge within 30 days of receiving photos. Photographer is not responsible for any prints that are not ordered directly from her. For best results, clients with the high-resolution files should order their prints through a reputable lab.
6. LIMITATION OF LIABILITY
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstances, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Cancelation by Client: This contract between Colleen Kelly Photography LLC and Client shall not become effective until it is signed and the initial amount due has been paid. At the time the contract takes effect, Colleen Kelly Photography LLC shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that Client cancels the contract for any reason, all money paid shall be retained by Colleen Kelly Photography LLC in order to offset its loss of business.
Dissatisfaction: In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will reshoot at a 25% discount from the original session fee. Client will then be able to order prints from the second portrait session ONLY. In the unlikely event that the finished product from a portrait session is unusable due to technical problems (such as camera failure or exposure problems), Photographer will reshoot at no additional
charge. Retainer fees are non-refundable.
7. SESSION FEE
Please refer to your invoice for session fee amount. Session fee must be paid at the time of your session.