Terms of Service

SCHOOL PORTRAIT PHOTOGRAPHY AGREEMENT

PLEASE READ THESE TERMS OF USE (“Terms of Use”), PRIVACY POLICY AND SCHOOL PORTRAIT PHOTOGRAPHY AGREEMENT PRIOR TO USING THIS WEBSITE. THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT (“AGREEMENT”) BETWEEN USER AND THE COMPANY RESPECTING USER’S ACCESS TO AND USAGE OF THE WEBSITE AND ANY SERVICE MADE BY THE COMPANY. BY VISITING, ACCESSING, BROWSING OR USING THE WEBSITE, USER AGREES AND CONSENTS TO BE BOUND BY THESE TERMS OF USE. USER’S CONSENT TO BE BOUND BY THESE TERMS OF SERVICE SHALL HAVE THE SAME LEGAL EFFECT AND IMPORT AS IF USER HAD PERSONALLY SIGNED AN ORIGINAL WRITTEN VERSION OF THESE TERMS OF USE. USER AGREES TO BE BOUND BY THESE TERMS OF USE EACH AND EVERY TIME USER ACCESSES OR USES THE WEBSITE OR ACCESSES THE COMPANY’S SERVICE. USER ACKNOWLEDGES THAT COMPANY MAY IN ITS DISRECTION, WITH OR WITHOUT NOTICE TO USERS, CHANGE THESE TERMS OF USE AT ANY TIME OR FROM TIME TO TIME, FOR ANY REASON. ANY SUCH CHANGES WILL BECOME EFFECTIVE UPON POSTING SUCH CHANGES IN THE TERMS OF USE SECTION OF THE WEBSITE. IT IS IMPORTANT FOR YOU TO VISIT THIS PAGE PERIODICALLY TO REVIEW THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS, PLEASE DO NOT VISIT, ACCESS BROWSE OR OTHERWISE USE THE WEBSITE OR ACCESS THE COMPANY’S SERVICE.

This agreement is between the School, Day Care or Child Care facility “Client” and Kim Harris Photography

Retainer and Payment.
The Client shall not remit a retainer to the Photographer. All payments shall be made by the students on a per-transaction basis to the Photographer.

Relay of Information.
It shall be the Client’s responsibility to relay all information to the students. This information is including but not limited to the original and make-up photography event dates to the students.

Photography Scheduling.
The Client shall make arrangements for the interruption of school day for each class during the herein scheduled photography events. The Photographer shall not be held responsible for impacted class times due to the photography scheduling. The Client shall be responsible for ensuring recess, sports and lunch times will occur after the photographs have been taken to avoid any issues.

Make-up Day Scheduling.
The Client shall provide one scheduled re-take day for the students who will have missed the original photography date. This date shall be set for ________________________. Any additional re-take day must be negotiated and confirmed by a separate duly executed writing. Photographer will retake the photographs of those requesting a retake on the scheduled retake date. Photographic retakes shall be limited to those students who miss the originally scheduled photography date or obvious errors with the original photograph. The Photographer retains discretion in declining retake of photographs based on client’s dissatisfaction.

Class Photographs.
If desired, the photographer will take a group photograph for each class in attendance, including appropriate staff, on the originally scheduled photography event date.

Completion Schedule.
Completion schedules and delivery of products shall be determined from date of final approval by Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this agreement.

Prints and products shall take 2 to 3 weeks from time of print order to be processed and delivered to Client.
The students and Client order deadline shall be three weeks after the original shoot date. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

Photographic Materials.
All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this agreement. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement.

Online Gallery.
The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the students and Client by using the clilds specific access code. The gallery shall remain open for 1 year from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a un-archival fee shall apply.

Artistic Rights.
The Photographer retains the right of discretion in selecting the photographic materials released to the client.

Copyright and Reproductions.
The Photographer shall own the exclusive rights and copyright to all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.

The Photographer doesprovide the Client permission to resize photographs for Internet-based usage.

Client Usage.
The Client shall only use photographic prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for school use only and shall not be submitted to contests, reproduced for commercial use. Further, the Client shall not authorize reproductions by non-purchasers covered within this agreement. Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.

Yearbook.
Photographer shall grant to Client a limited irrevocable license to reproduce and publish images taken during the scheduled photography session in the annual school yearbook. Such license shall be limited to publication in the yearbook published in the same school year as the photography session. Grant of this license is limited to the specific use outlined in this section. Photographer retains all other rights to the images, including rights of publication thereto.

Social Media.
The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion. The Client shall identify the “Copyright Year, Photographer Business Name” in the caption of all photographs uploaded to social media websites and profiles.

When uploading to a Facebook Social Media profile, the Client shall “tag” the Photographer’s business page in the album of the uploaded files.

Teacher Headshots. The Photographer shall provide one headshot per teacher and administrative staff in attendance on the original and rescheduled photography event dates. No makeups shall be made for headshots outside of these two dates.

Photographs/Videography.
The Client shall not engage in photography or videography during the course of the photographic event unless otherwise agreed to by the Photographer.

Failure to Perform.
If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.

Substitute Photographer.
The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

Photographer’s Standard Price List.
The charges in this agreement are based on the 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 when the order is placed.

Arbitration.
Any controversy or claim arising out of or relating to this contract, or a breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $_____. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

Indemnification.
The Photographer shall be held harmless for any and all injury to Client during the course of the photographic event and the immediately surrounding events. Client warrants that they have actual authority to agree to the use of the likeness of all persons photographed and shall indemnify and defend Photographer in the event of litigation related to the production or use of such images.

Termination for Convenience.
This Agreement may be terminated by the CLIENT at any time and without cause with 24 hours written notice to the Photographer.

Miscellany.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties.