TERMS and CONDITIONS

The initial 25% deposit can/will not be returned should the client choose to cancel services. Should the date be canceled with less than 30 days’ notice, the client will be responsible for 50% of the full booking amount to compensate for loss of work. The photographer will make every effort to re-book the client if the date is rescheduled, and the deposit may be applied to the new date if it is available, however if it is not available, it shall be held in no fault of the photographer.

Payments may be made using cash, check with government-issued ID, credit card via Square, Paypal, or Venmo.  There will be a $35 charge for any checks returned for any reason, and a new payment must be made immediately upon notification of the issue to continue to hold the date.  Should the client fail to remit payment, or payment method be declined for any reason, the client will not receive any photographs or files from the photographer.

 

Cancellation due to illness, injury, severe weather, global pandemic, or other Act of God is considered to be out of the control of both parties.  In this special case, deposits will bot be refundable, however the client will not be responsible for any further payments, even if the cancellation is made within the 30 day window.

Should any member of the client group behave in a manner that is dangerous, offensive, or otherwise unacceptable to the photographer, the session will immediately end and the client will be responsible for the entire session fee without the option to reschedule.

Should the photographer be required to cancel due to severe illness, injury, or other personal issue, she will do everything in her power to find a suitable replacement photographer.  Should Photos By Kelly be unable to find a replacement, she will return all payments, including the deposit, to the client, but shall be responsible for no more than any payments made by the client to the photographer.  No additional compensation will be requested, required, or paid due to cancellation.

Your photographer will be at the appointed place and time rain or shine, fully prepared and ready to perform her job!  Should the CLIENT choose to cancel a session of ANY kind with less than 30 days' notice, he/she will be responsible for 50% of the session fee.  The photographer will make every reasonable effort to reschedule the session, and if the session can be rescheduled, the client will not be responsible for the additional fee.

The CLIENT agrees that no other photographer shall be booked in addition to Photos By Kelly for the wedding day.  Videographers are allowed.  This will allow the photographer to best capture the entire day without interference.

The CLIENT gives permission to Kelly Simmons and Photos By Kelly to use any and all photographs within her portfolio, website, and any promotional media, both currently and in the future.  Should the CLIENT wish that a specific image be removed from promotional materials, all reasonable efforts will be made by the photographer to accommodate the request.

The photographer agrees to arrive at the appointed time, fully prepared and ready to perform her job.  She will dress and behave in a professional manner, and do everything within her power to accommodate the CLIENT'S wishes, as they pertain to photography.  Should the photographer fail to perform the duties agreed upon in the contract (photographing the event as agreed and providing photographs as agreed), the photographer will be liable for no more than 75% of the booking cost, with the other 25% being the non-refundable deposit.  Should the booking cost be requested for return, the CLIENT also agrees to return any and all photographs and digital files received from the photographer, and will relinquish all rights to said photographs and files.  The CLIENT will no longer have any permission to use the photographs in any way.

Due to the varying conditions of each shoot, the CLIENT should be aware that all photographs may not look exactly like other photographs taken by the photographer.  The photographer will make every effort to show the CLIENT in the best and most beautiful way possible, however each location, lighting situation, and CLIENT is different, therefore each photograph and photoshoot will be different.

All photographs remain the copyright property of the photographer, although the client will be given permission to use the photos for personal use only (printing or digital posting for professional use or monetary gain without the express permission of the photographer is prohibited).

Photographs will be edited for color and density correction, brightness and contrast, as well as cropping and straightening included within the cost of the shoot.  Additional customized retouching can be added at an additional cost of $10 per image or $75 per batch of up to 20 images, which can include removal of blemishes, smoothing of skin, or removing items from the background.

*Portrait, engagement, bridal, or product photography only* Should the client request a re-shoot of a portrait, engagement, bridal, or product photography session due to the photographs being sub-par, the client also agrees to return any and all photographs and digital files received from the original shoot, and will relinquish all rights to said photographs and files.  Refunds of the session price will not be given.

For a CLIENT to hold a wedding or other photography date, a 25% non-refundable deposit is required along with the signed contract.  The remaining 75% of the booking fee must be paid before the session or wedding date.

Your photographer is based out of Summerville, South Carolina.  Travel within 30 miles of Summerville is included within your booking fee.  Outside of the 30 mile travel area, a travel fee of $.50 per mile will be added to compensate for travel expenses.  Should the booked event require an overnight stay, accommodation expenses will also be added.

Edited photographs from Portrait sessions will be available via online gallery to the client within 14-21 days.  Wedding shoots will be available to the client within 14-28 days.

The client shall not hold Kelly Simmons or Photos By Kelly responsible for accidental injuries or damages to a person or belongings during a session.  Should there ever be a moment during the session where the client is uncomfortable with a location, pose, or anything else, the client should make the photographer aware immediately and all necessary changes will be made.

At lease one of the clients being photographed, or a party who can be held legally responsible for the interests of the client, must sign a wedding contract or portrait agreement (as applicable).