This is an agreement contract between the below referenced Client Name, known for the purposes of this Agreement as "CLIENT," and KQconcepts Photography, known for the purposes of this Agreement as PHOTOGRAPHER. CLIENT and PHOTOGRAPHER agree to the following:
1.3. CLIENT warrants that he or she has actual authority to agree to the use of the likeness of all persons included in portrait(s) and shall idemnify and defend PHOTOGRAPHER in the event of litigation arising out of such use.
1.4. PHOTOGRAPHER will take photographs of CLIENT during the photo session(s). Within 14 days of final payment being made, PHOTOGRAPHER will give CLIENT online access to a password-protected web gallery of final edited images. CLIENT will have access to the gallery for 7 days. CLIENT will be assigned a pin number to download all the final images. The final images will include complete retouching.
1.5. CLIENT understands and agrees that PHOTOGRAPHER will deliver final retouched full-resolution images (per session) at 300 DPI via an online gallery with the ability to download.
2. Copyright and Licensing of Images
2.1. CLIENT understands and agrees that PHOTOGRAPHER owns the copyright to all images and reserves all rights to them. PHOTOGRAPHER has unlimited rights to the images for marketing and self-promotion.
2.2. PHOTOGRAPHER grants to CLIENT usage rights for the final images from the session. This includes use for print, web and other marketing purposes including posting of images on client's website. CLIENT may not sell the images in either digital or print form. Where possible, credit to KQconcepts Photography is appreciated.
3. Limit of Liability
3.1. Services provided are non-refundable.
3.2. If for any reason CLIENT is not entirely satisfied, please communicate with PHOTOGRAPHER immediately so the issue can be resolved. Reshoots will be done at the sole discretion of PHOTOGRAPHER.
3.3. CLIENT shall indemnify, defend and hold harmless PHOTOGRAPHER and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to legal fees arising out of or resulting from the performance of the work described in this Agreement.
3.4. Both parties agree to seek a third-party mediator or arbitrator for any disputes that arise as a result of this Agreement.
By filling out and submitting this form, CLIENT agrees to all terms and conditions of this agreement contract.*