BOOKING PROCESS & SESSION FEE PAYMENT TERMS : The NON-REFUNDABLE SESSION FEE is due at time of booking and is required to reserve the photography session on the agreed upon date and time. This fee is non-refundable even if the time and date is changed or in the the event client cancels or no shows. Acceptable payment is by credit card, venmo or cash app only no cash payments are allowed. The session fee is for your photos, date, time. Most sessions include all digital images unless stated other wise. There will not be any additional charges or hidden fees unless stated otherwise.
SESSION RESCHEDULING/CANCELLATION: If a client wishes to cancel or reschedule their session it must be done via text @ 315-341-4623 or by messenger on Facebook, and acknowledged by Kelly Wenthe 24- 48 hours prior to the session date. If client wishes to reschedule in a timely matter they will have 30 days from the original session date before session expires. In the event of an expired session or cancellation the client will not receive any type of refund or credit for future services with Kelly Wenthe Photography. If client fails to reschedule with in 24-48 hours prior to your session time or no show you will be subjected to pay your session fee all over again or be subjected to a rescheduling fee of $75. Photographer will make you aware if rescheduling is an option and if there is any fee that is due.
LATE ARRIVAL: Clients must arrive to their session at their scheduled start time. If client is late the session time will not be extended or rescheduled. Refunds or credits are not available for sessions cut short or entirely missed due to a client’s late arrival. You will get what photographer can get with the time you have.
WEATHER LIMITATIONS FOR SESSIONS: Kelly Wenthe Photography reserves the right to reschedule a outdoor session due to weather conditions including rain, snow, extreme heat conditions that may effect your photos.
EXCLUSIVE PHOTOGRAPHY RIGHTS: In order to provide the best service, no other photography (including videography) may take place during the photography session as this can interfere with lighting, create unnecessary distractions, shadows and even ruin a perfect image opportunity. Therefore, it is understood that upon contracting Kelly Wenthe as your photographer, you agree to put your phone and other devices away.
ARTISTIC STYLE: Client acknowledges that Kelly Wenthe Photography requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.) Client is familiar with the photographer’s portfolio and is requesting services with knowledge of the photographer’s style, that their services are of a unique and artistic nature and is constantly evolving therefore images created may be different from images taken in the past.
IMAGE OUTCOME: Kelly Wenthe Photography does not warrant that it will provide specific images and shall not be liable if key individuals fail to appear or cooperate during the portrait session that may interfere with what is delivered.
COPYRIGHT & IMAGE USE BY STUDIO: The photographs produced by Kelly Wenthe Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without written consent of Kelly Wenthe Photography. Kelly Wenthe Photography owns all copyrights for any and all images produced in connection with this agreement , including the right to reproduce or publicly display such images, for any personal or commercial purpose. You may use your images to post on social media but we ask you to tag our business page and not alter the photos in any way. This means so Instagram filters or turning images into black and white photos. Kelly Wenthe Photography also reserves the right to publicly display the names of client. As author of all images made here under and as provided by law, Kelly Wenthe Photography shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other format of reproduction. If there are any copyright violations by client without written consent of Kelly Wenthe Photography the client will no longer be allowed to book with Kelly Wenthe Photography.
PRIVACY REQUEST Kelly Wenthe Photography has the right to use any images taken by them for use in their portfolio and promotional advertising. Kelly Wenthe Photography understands that some clients wish to keep their images private. If privacy is requested, the client acknowledges and agrees that a privacy fee, whose sum is to be set at the discretion of Kelly Wenthe Photography will be added to the session fee to cover the monetary loss the artist may encounter for keeping the images private. Once paid, Kelly Wenthe Photography agrees to not use the client’s images for any public use including their website portfolio and any online or print advertisement.
LIMITED REPRODUCTION AND PRINT RELEASE FOR PERSONAL USE: Kelly Wenthe Photography grants a non-exclusive, non-transferable, perpetual personal-use license to download and copy the accompanying copyrighted digital images in their online gallery that is included in all sessions booked.
WHAT YOU MAY DO:
- Display images on personal websites, personal social media, and computers.
- Make prints for personal use. When printing please note that the actual color and/or brightness for a photo depends on individual computer settings, as well as where you print them through. Kelly Wenthe Photography is not responsible for color outcome or printing outcome unless you print through Kelly Wenthe Photography.
WHAT YOU MAY NOT DO:
- Alter images in any way including cropping and photographic filters such as but not limited to Instagram and Facebook filters. This applies to any person altering the image including friends and family. Resell, re-license, sub-license, or redistribute without express written permission from Kelly Wenthe Photography.
- Use the Media in any way, whatsoever, in which you charge money, collect fees, or receive any form of remuneration, without express written permission from Kelly Wenthe Photography.
- Use the media in any advertising without express written permission from Kelly Wenthe Photography.
- Incorporate images into trademarks, logos, or service marks without express written permission from Kelly Wenthe Photography.
CULLING + EDITING+ RAW IMAGES: After the session, each image is put through a careful selection process where photographer will select images that meet high standards of quality. Images with eyes closed, unflattering poses, and duplicate images are removed permanently during the culling process. Kelly Wenthe Photography does not guarantee a minimum number of images in client’s final image gallery. Under no circumstance will Kelly Wenthe Photography release RAW image files. Selected images will be color corrected and lightly edited for presentation. Kelly Wenthe Photography retains complete control over which images are delivered in color and which images are delivered in black and white. During the retouching phase for images the photographer will retouch any mark that will not be present in two weeks (i.e., acne, bruises etc.) Any additional client requested edits, including but not limited to, removal of scars, tattoos or birthmarks, removal of persons or things, body shaping, head swaps, etc you must let photographer know ahead of time, or these will not be done.
DIGITAL FILES and ARCHIVAL OF IMAGES: Physical CDs or USB drives will not be given. All images will be sent via online gallery link for you to download. Once purchased digital files will be available to view as an online gallery for up to 5 days. This online gallery will be up for 5 days and it is the client’s sole responsibility to download the files and archive them properly. After 5 days files will be deleted from the online gallery. Kelly Wenthe Photography does keep all images incase client looses or deletes images. After the 5 days if you need access to your images you will be charged a $75 fee to have access to them again. This is why it is very important to save your files properly and safely when they are provided to you.
GIFT CERTIFICATES/CREDITS: Gift certificates have an expiration date and must be used before they expire. No exceptions will be made. It is your responsibility as a client to make sure you use your credits and gift certificates with in the time frame that is given. No refunds will be given.
LIMIT OF LIABILITY: Kelly Wenthe Photography represents that reasonable care is taken with respect to capturing, developing, processing, storing and delivery of images. In the event your images get damage or loss after your session the photographer will reach out to 1 reschedule to do the session again or will refund your session fee.
ALL SALES FINAL + CLIENT SATISFACTION: Client is aware of all terms and is aware that no refunds or credits will be given in less photographer states other wise to you. Failure to reschedule, not show up, or late arrivals all will effect what you paid, any rescheduling, and possible fees.