TERMS AND AGREEMENTS


DEFINITIONS:

 

This Agreement is between Kate Saylor Photography (“Photographer”) and [You] (“Client”) which includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor.

 

“Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.

 

USAGE RIGHTS AND OWNERSHIP:

 

Client acknowledges that Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Client appear on the reverse side of this Agreement. 

 

IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.

 

Client understands and agrees that it is not buying the Image(s) but is paying only for a licence to use the Image(s) as specified on this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee.


The term of license begins from the date Photographer receives full payment of invoice and upon delivery of images.

Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark.

The use of any Image(s) by Client will not constitute a work of joint authorship.



Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.

 

PAYMENT:


A deposit will be required to book a date and time unless otherwise stated. Deposit will be 25% of the total payment. Full payment is required before the photoshoot date. *See cancellation policy



Photographer does not provide any receipts to Client. Bank transfer fees are the responsibility of the Client.


Unless otherwise agreed, Photographer retains the right to use the Image(s) for her self-promotion.


CANCELLATION POLICY:


For weddings or elopements: the following fees will apply:

  • If the Client cancels more than 90 days before the event, the Photographer will retain the non-refundable deposit of 700$
  • If the Client cancels less than 90 days before the event, the Client will be required to pay 75% of the total contracted fee.


For other shoots: Confirmation and booking must be complete within 2 weeks of shoot date, unless otherwise stated. Cancellations must be made with 3 days notice. Last minute cancellations are subject to no refunds, with exceptions of illness or injury. Reschedule dates are possible at the discretion of the photographer.


TRAVEL:

Free travel within a 50 mile radius of Photographer's home studio (Seattle based). After the first 50 miles, every mile will be 3$ per. (If shoot location is 100 miles away, 100-50 = 50. 50*3= additional 150$ charge). If the event schedule requires the Photographer to drive before 6:30am or after 11:30pm the Client must provide accommodations.


Common locations:

Rainier Paradise - 115 miles = 195$ travel fee

Rainier Sunrise - 97 miles = 141$ travel fee

Mount Baker 131 miles = 243$ travel fee


MEALS:

The Client agrees to provide a hot meal (equivalent to the meals served to guests) for each member of the Photographer's team on the day of the Event. The meal will be provided at the same time the Client and guests are eating. For events exceeding 5 hours, the Client agrees to provide a vendor meal for the Photographer. If no meal is provided, the Photographer reserves the right to leave the venue for 45 minutes to obtain a meal. The Photographer is not responsible for any moments missed during this 45-minute break.