Photos By Kelly

A 25% retainer and signed contract are both required to hold any session date and time, whether it be for a wedding, portrait session, or event.  The initial 25% retainer 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 retainer 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.  Should the CLIENT choose to cancel or reschedule the session with less than 24 hours' notice, the client will be responsible for 100% of the session/event payment amount as per the signed contract, and will be additionally responsible for the fee for the new session.  The photographer reserves the right to refuse a session rescheduling due to cancellation within less than 24 hours.

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

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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. 

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Final portrait payments are due prior to the portrait session.  Final wedding or event payments are due at least 7 days prior to the wedding/event.  Product photography final payments are due upon client approving watermarked images, and prior to client receiving non-watermarked images.

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Payments may be made using cash, credit card via Square, Paypal, Venmo, Zelle, or Check with government-issued ID and phone number provided.  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.

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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.  This is also applicable to any and all weddings and events.  The photographer will make every effort to bring the issue to the attention of the direct client, however if the photographer feels unsafe in any way, the photographer may leave with no notice.

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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.

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The CLIENT agrees that no other photographer shall be booked in addition to Photos By Kelly for the booked day/event.  Videographers are allowed.  This will allow the photographer to best capture the entire day without interference.  Please note, this includes videographers, family members, or guests choosing to take still photos to "build their portfolio."  If any other photographer hinders the ability of the photographer of Photos By Kelly to do her job, the client will be notified immediately.  Should the issue fail to be resolved, the photographer reserves the right to end the session, wedding, or event coverage immediately, and no compensation will be returned to the client.

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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.

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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.  Should the client be found to be using ANY of the photos in any way, including but not limited to social media posting, printing, creating cards, or within photo albums, the client will be found in breech of contract and will be required to repay the photographer the full contracted amount.

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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.

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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).

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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.

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*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.

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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 $.60 per mile will be added to compensate for travel expenses.  Should the booked event require an overnight stay, accommodation expenses will also be added.

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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.  Please note that galleries will only be delivered to the email address listed in the contract/agreement.  Galleries will not be sent by the photographer in any other way, unless specifically requested by the individual who signed the contract.  The client is welcome to share the gallery link within the timeframe that the gallery is available, and friends/family may download the images that way.

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If there are rules and regulations about photography coverage at the venue, it is the client's responsibility to disclose this to the photographer.  If there are regulations at the venue that have not been disclosed to the photographer, prior to the event, and some photos are unable to be taken or used because of this, the photographer will not be held responsible for the missed coverage, nor for any fees/fines implemented by the venue for rule breaking.  The photographer will make every effort to also learn the venue rules and regulations prior to the event, and will do everything possible to make sure the photos can be completed in the best way possible, however it is the responsibility of the client to check with the venue coordinator or event coordinator to be sure of all rules.​

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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.

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At least 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).