KELLEY RAYE PHOTOGRAPHY, LLC EVENT TERMS AND CONDITIONS

RESERVATION: This signed agreement along with a retainer fee are required to reserve the date(s) and time(s) of the EVENT(S). If the EVENT(S) is rescheduled, postponed, or cancelled, or if there is a breach of agreement by the CLIENT, all fees paid to the COMPANY are non-refundable and shall be liquidated damages to the COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY's fees, or charges that incur (or will incur) due to CLIENT’s decision to reschedule, postpone or cancel the EVENT(S) after booking. The COMPANY will not be held liable or accountable for not being able to provide services for rescheduled EVENT(S).

CANCELLATION OF EVENT or CHANGE OF HEART: The retainer fee is non-refundable. The COMPANY will only consider refunding all or part of any payments rendered if a ‘Notice of Event Cancellation’ document has been requested (via the aforementioned CLIENT email address only and signed by the CLIENT within 48 hours from the time the balance payment has been submitted, however, the COMPANY is still under no obligation to refund any monies received, balance payment included, due to the aforementioned EVENT being cancelled or the CLIENT having a ‘change of heart’. A phone call, text message or contact from someone other than the aforementioned CLIENT(S) will not be considered as an official request. Should the COMPANY decide to refund the balance payment, the total payment (minus any fees associated with items purchased by the COMPANY in preparation for the original EVENT date) will be reversed back to the credit card originally charged only (unless this credit card is expired, in which case, the cardholder will be refunded via COMPANY check). To terminate this agreement due to the EVENT being cancelled or the CLIENT having a ‘change of heart’, both CLIENTS will be required to sign a ‘Notice of Event Cancellation’ document provided by the COMPANY. The CLIENT is responsible for any and all cancellation fees associated with items purchased by the COMPANY in preparation for the original EVENT date (including but not limited to plane tickets and hotel deposits). Should the CLIENT fail to reimburse the COMPANY within 10 days of receipt of invoice, the COMPANY reserves the right to retain any monies already paid, not attend the EVENT(S) and take legal action to retrieve monies owed. Once a ‘Notice of Event Cancellation’ document has been signed by the CLIENT, the CLIENT has settled their reimbursement invoice with the COMPANY (if applicable), and the CLIENT is deemed to be in good standing with the COMPANY, only then may this agreement be terminated by the COMPANY due to an EVENT cancellation or ‘change of heart’.

POSTPONEMENT OF EVENT: The retainer fee is non-refundable. The COMPANY will only consider refunding all or part of any payments rendered if a ‘Notice of Event Cancellation’ document has been requested (via the aforementioned CLIENT email address only and signed by the CLIENT within 48 hours from the time the balance payment has been submitted, however, the COMPANY is still under no obligation to refund any monies received due to the aforementioned EVENT being postponed. A phone call, text message or contact from someone other than the aforementioned CLIENT(S) will not be considered as an official request. Should the COMPANY decide to refund the balance payment, the total payment (minus any fees associated with items purchased by the COMPANY in preparation for the original EVENT date) will be reversed back to the credit card originally charged only (unless this credit card is expired, in which case, the cardholder will be refunded via COMPANY check). To terminate this agreement due to the EVENT being rescheduled, both CLIENTS will be required to sign a ‘Notice of Event Cancellation’ document provided by the COMPANY. The COMPANY does not guarantee availability for any rescheduled EVENT date(s). Should the COMPANY be available to provide services for the new EVENT date, the CLIENT will be required to sign a new EVENT agreement reflecting the new EVENT date, rate and terms and conditions. The COMPANY does not guarantee that they will extend the original contracted rate to the CLIENT for the rescheduled EVENT. The COMPANY reserves the right to quote services for the new EVENT date at the current base rate(s), a-la-carte rate(s), travel fee(s) and/or taxes. The CLIENT is responsible for any and all fees associated with the rescheduling of items purchased by the COMPANY in preparation for the original EVENT date (including but not limited to plane tickets and hotel deposits). The CLIENT will be required to settle their reimbursement invoice before contracting the new EVENT date with the COMPANY. Should the CLIENT fail to reimburse the COMPANY within 10 days of receipt of invoice, the COMPANY reserves the right to immediately terminate this agreement with no further obligation, retain any monies already paid, not attend the EVENT(S) and take legal action to retrieve monies owed. Once a ‘Notice of Event Cancellation’ document has been signed by the CLIENT, the CLIENT has settled their reimbursement invoice with the COMPANY (if applicable), and the CLIENT is deemed to be in good standing with the COMPANY, only then may this agreement be terminated by the COMPANY due to an EVENT postponement.

SAFETY: The COMPANY reserves the right to terminate coverage and leave the location of the EVENT(S) if any photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from any person(s) at the EVENT(S); or in the event that the safety of any photographer from the COMPANY is in question.

SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time.  If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time unless the COMPANY is dismissed by the CLIENT earlier than scheduled. All additional time above and beyond the scheduled start time and end time will be billed to the CLIENT.

EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs. All travel, accommodation, meal and transport costs and fees associated are non-refundable once incurred and will be invoiced to the CLIENT accordingly.

TRAVEL EXPENSES:  An additional travel fee is required for locations outside of Los Angeles County, CA and Metro Atlanta, GA. CLIENT will be responsible for flight, lodging and ground transportation expenses should COMPANY require one or more travel accommodations to fulfill EVENT needs. All travel, accommodation, and transport costs and fees associated are non-refundable once incurred and will be invoiced to the CLIENT accordingly.

RESPONSIBILITIES:  The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests or other vendors, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, obstructed views (including but not limited to by guests, by other vendors [ex: videographers] or decorations) or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions, which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S).  The COMPANY will not be held liable or accountable for failure to deliver images of any individuals, objects or scenarios at the EVENT(S) including but not limited to the CLIENT herself/himself/themselves. In the event the CLIENT is unhappy that an individual, object or scenario was not captured and/or delivered by the COMPANY, the COMPANY will be under no obligation to return any monies paid.

VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.

PERMITS: The CLIENT is responsible for researching and acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services prior to the EVENT(S). The CLIENT is also responsible for parking fees associated with all locations on which the COMPANY will be performing services.

FILM and COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicit written permission. Original files also known as .RAW files are not available for purchase by the CLIENT. Un-edited high-resolution .JPG files (equal to the same edited high-resolution .JPG files received in the original photo gallery) may be purchased at an additional fee of $1,000 for the full gallery or $100 per single image. The COMPANY grants the CLIENT permission to download images from their online gallery and/or Image USB and reproduce the images for the CLIENT’s personal use, including but not limited to sharing the images on social networking websites/platforms and with family and friends. If the CLIENT shares the images via internet or social networking website/platforms, textual credit must be explicitly given to the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to print in any publication. The CLIENT is strictly prohibited from selling any image.
 
MODEL RELEASE:  The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction.  The CLIENT releases all claim to profits that may arise from use of images.

LIMIT OF LIABILITY: In the unlikely event that any photographer from the COMPANY is unable to perform to the guidelines of this agreement due to an injury, illness, death in the family, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to theft, and camera/hard drive/equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.  The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or the total paid. 

CAPTURE AND DELIVERY:  The COMPANY will not be held liable for delivering every image taken at the EVENT(S). The COMPANY will not be held liable to capture every action that occurs at the EVENT(S). The CLIENT understands the COMPANY will do its best to capture images the CLIENT has communicated are ‘must-have’ images, however the COMPANY will not be held liable for failure to capture and/or deliver these images. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY. The COMPANY agrees to deliver “Image USB or Photo Gallery” to CLIENT no later than 8 weeks after the EVENT(S) has taken place. The final total of images delivered will be left to the discretion of the COMPANY. In the event the CLIENT is not satisfied with one or more of the images captured and delivered (as well as not captured and/or not delivered) by the COMPANY, the COMPANY will be under no obligation to return any monies paid.

POST PRODUCTION AND EDITING: The final post-production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY. The COMPANY will not be held accountable for failure to deliver images of CLIENT and/or EVENT(S) in any specific or assumed editing style. The COMPANY reserves the right to change the COMPANY’s editing style at will and without prior notice to the CLIENT. In the event the CLIENT is not satisfied with one or more of the images edited and delivered (as well as not edited and/or not delivered) by the COMPANY, the COMPANY will be under no obligation to return any monies paid.

FEE:  A non-refundable retainer fee shall be required upon signing of this agreement.No final versions of images will be released to the CLIENT until payment has been received in full.  The COMPANY will only consider refunding all or part of the remaining 50% balance if a ‘Notice of Event Cancellation’ document is requested and signed by the CLIENT within 48 hours from the time the balance payment has been submitted, however the COMPANY is still under no obligation to refund any monies once they have been received. The fees and expenses bid or estimated by the COMPANY are for the original job description as presented by the CLIENT.  Subsequent changes or actual job conditions may result in additional charges.  COMPANY shall seek approval of additional expenses whenever reasonable and appropriate.

PAYMENT & LATE FEES: A non-refundable retainer fee is due by at the time of booking. In the event the COMPANY is not able to obtain retainer payment by the due date, the COMPANY shall have the right to immediately terminate the agreement with no further obligation. In the event the COMPANY is not able to obtain balance payment by the due date, the CLIENT will be billed by the COMPANY a daily late fee of  $25.00 per day until a successful payment is received by the COMPANY. In the event the CLIENT fails to remit balance payment as specified within 7 days of the due date, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S).

RETAINER FEE GUARENTEE: Services are not considered contracted or definite until a retainer fee has been successfully received by credit, debit, or electronic check.

Note: Terms and Conditions are subject to be updated without notice.