Terms of Service
Entire Agreement
This agreement contains the entire understanding between Blue Heron Photography KC and the client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing and signed by all parties involved.
Payment & Prices
All Package costs are as stated at the time of booking & will remain once booking is confirmed. A non-refundable deposit in the amount of half of the contract amount is due at the time of booking unless otherwise stated, with the remaining 50% due 24 hours before the booking date and time. Upon receipt of your deposit, Blue Heron Photography KC will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the payment is non-refundable.
Reschedule
Due to the time specific nature of this service, clients may reschedule more than seven (7) days of the shoot with no consequence. Within seven (7) days of the shoot, clients may reschedule for an additional fee of 25% of the contract amount. Sessions may not be rescheduled more than once.
Torrential or Unsuitable Weather
If the weather is torrential or unsuitable and Photographer determines a shoot is not possible, the session will be rescheduled for another day. The determination of torrential and/or unsuitable weather is at the sole discretion of the photographer.
Personal Camera
Client may not bring own camera or recording equipment to the session. If a camera is present, the photographer will have to request that it be put away.
Requested Coverage
Blue Heron Photography KC will honor requested photographs but does not guarantee any specific photographs.
Artistic Style
Client acknowledges that she/he has viewed examples of previous work and is satisfied with the overall style of photography that is presented. Client understands that differences in locations, subjects and lighting allow for variations in the final outcome of the session. There is no knowing what photos will be produced from this endeavor simply because this is an event in the future. Photographer reserves the right to artistically interpret how to photograph a scene. This may mean that some shots are color and some may be black and white.
Cooperation & Physical Liability
All parties agree to cheerful cooperation and communication for the best possible result within the definition of this Assignment. Photographer is not responsible for missed images due to any individual’s failure to appear or cooperate during the Assignment. If there is any threat to the Photographer or their equipment by any subject, Photographer reserves the right to end coverage immediately with no further liability to finish the Assignment, with no refunds given. Additionally, Client is responsible for their own conduct and the conduct of all participants in the Session. Any damage to equipment or studio components caused by the Client are the sole financial responsibility of the Client. Client agrees to hold Photographer harmless for any injuries or damages sustained preceding, during, and immediately following the Assignment.
Copyright & Reproductions
The Photographer owns the copyright to all images created during the Session. Client can purchase Digital Negatives or Web-Ready Download digital files which grants the client a print release for purchased images. The Photographer maintains the right to make reproductions for the Client or for the Photographer’s portfolio, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display on the the Photographer’s website.
Limit of Liability
In the unlikely event that the Photographer cannot perform this Agreement due to a medical episode, illness or natural emergency, or other cause beyond the control of the Photographer, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera 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 the retail value of the Client’s order.
Inherent Qualities
Client is aware that color dyes in photographs and photography products may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.