Terms and Conditions (Standard) WEDDINGS scroll down to Wedding Contract/Terms
Definitions
For the purpose of these Terms and Conditions the following definitions will apply. They do not reduce the client’s legal rights but are stated specifically to avoid misunderstanding :
the “Company” means Kandy Pop Photography; “the client” means the buyer of services from the Company; “services” means the utilisation of skills and / or equipment and / or facilities supplied by the Company ; “goods” means any tangible items agreed in the estimate or contract to be supplied by the Company to the client; “contract” means the agreement, either verbally or in writing, for the provision of services from the Company and shall be deemed to incorporate the terms and conditions in this document; “estimate” means the provision, verbally or in writing, of an estimated price and / or description of services to be carried out by the Company based on information provided, verbally or in writing by the client, and shall be deemed to incorporate the terms and conditions in this document. Pricing and description of services provided on the Company’s web-site will not constitute an estimate or a contract.
* Living Social 2012 Customers choose your top 25 and your for your online gallery that we will host for one full year. With this personal online gallery you go ahead and pass it around, share on fb, twitter, blogs, email, etc. Friends and family everywhere can view your favorite photos from the session. :) The online Personal Gallery allows you/they can order prints, canvases, merchandise or digital downloads/full printing privileges . If you would like the digital download to any of the images, you may pay $25 per image download requested or pay $275 and get the complete session downloaded in one zip file! Also, there are many to look through. When looking through your images, please remember that these are straight out of the camera. We can crop, straighten, make alterations, enhance, etc. so if there is an image you love of you, but the photo isn't perfect, we can (and will) still correct that once edited. Look at the ones that you look best in. We'll fix everything to make it perfect! Once again, all digital images (files), full printing privileges and all other prints are available for additional charge.* Initial Here
* Living Social 2012 Customers choose your top 25 and your for your online gallery that we will host for one full year. With this personal online gallery you go ahead and pass it around, share on fb, twitter, blogs, email, etc. Friends and family everywhere can view your favorite photos from the session. :) The online Personal Gallery allows you/they can order prints, canvases, merchandise or digital downloads/full printing privileges . If you would like the digital download to any of the images, you may pay $25 per image download requested or pay $275 and get the complete session downloaded in one zip file! Also, there are many to look through. When looking through your images, please remember that these are straight out of the camera. We can crop, straighten, make alterations, enhance, etc. so if there is an image you love of you, but the photo isn't perfect, we can (and will) still correct that once edited. Look at the ones that you look best in. We'll fix everything to make it perfect! Once again, all digital images (files), full printing privileges and all other prints are available for additional charge.* Initial Here
Contract; Variation The acceptance by the client of services offered, whether verbally or in writing, whether by contract or estimate, shall be deemed an acceptance of these terms and conditions and shall over-ride any terms and conditions stipulated by the client whether referred to or contained in his / her inquiry, order or otherwise. These terms and conditions shall not be be varied except by agreement in writing with signed acceptance by the Company.
Copyright; licensing
Please be aware that Kandy Pop Photography retains the copyright for all digital images/ full printing privileges taken as well as reserves the right to use all works for display in online galleries, in portfolios, and for promotion of any other Kandy Pop Photography advertising materials. All images are protected by U.S. Copyright Laws. Reproduction is strictly prohibited. By hiring Kandy Pop Photography you acknowledge and accept all the policies stated here. Any client agreeing these terms and conditions will agree to include a named credit for the Company on published material on request, and to the Company using the client's name in promotional information. The Company reserves the right to charge for the use of the image by any third party in the circumstances outlined above or to withhold permission. If you plan to use any of the images commercially, we have some licensing stipulations you should know.
If you choose to buy the images with printing/licensing rights ($25 per image or $275 complete session), you can print them as you wish (even commercially, but photographer (Kassi Clifford or Cindy Davis-depending on image(s) chosen) and company (Kandy Pop Photography) must still be credited somewhere near the image on the commercial piece (CD, brochure, flier, etc.) and are free to share on web with family and friends.
When used on professional websites/blogs/internet commercially, we also ask the same (photographer/company + a linkback to main website-www.
Pricing; Payment Terms
Preferred payment is made in full at the time of reservation when booking a session online. However, if this is not possible, all session fees are due at the time of service. Additional charges such as additional edited or unedited images, collages, prints, etc. can be paid at a later date when requested by said client. Where an estimate has been provided the price stated is open for acceptance by the client within thirty days and will automatically expire after thirty days from the date of the estimate; after thirty days a new price may be requested by the client from the Company. Once the estimate is accepted, and providing the description of services remains unaltered by the client and providing the services are begun within a period of twelve weeks from the date of estimate, the price agreed will be the price invoiced, subject only to price fluctuations as determined below.
The Company shall be entitled to make reasonable variations in the agreed price if the costs of materials, taxes and / or duties on which the estimate is based increases or decreases before completion of the works.
Standard terms of payment is payment in full for services immediately upon delivery. Other non-standard terms may be agreed at the discretion of the Company. The Company reserves the right to request a non-refundable deposit of 50% of the estimated price prior to work being started. If a requested deposit is not received then the Company reserves the right to suspend or abandon the services being provided.
Other interim payments may also be requested and details will be agreed between the Company and the client in writing.
Where the client wants specific goods purchased from a third party on his or her behalf by the Company, full payment for these items will be required from the client in advance of any order being placed with a third party. The Company reserves the right to charge an administration fee for this service.
Where the client has any query or concern relating to the invoice this must be raised immediately upon receipt. Services cannot be disputed for any subjective reasons of eg artistic style or composition.
If the contract for services is suspended, delayed or varied at the client's request, or for any other cause beyond the Company's control, the Company reserves the right to invoice for work already carried out and / or to make reasonable additional charges for the extra cost incurred over and above the services agreed.
Damage
The Company will take all reasonable care with the handling and storage of goods entrusted to it by the client or his/her agent, and provided to it in order to carry out services contracted. However, clients are strongly advised to ensure they have goods in trust and goods in transit insurance cover to protect against loss or damage while the goods are out of their care. The Company will accept no liability for loss or damage to clients' goods. Kandy Pop Photography can not guarantee the quality of prints if done by an outside company other than the one we use through our Company website.
The Company will take all reasonable care with the handling and storage of goods entrusted to it by the client or his/her agent, and provided to it in order to carry out services contracted. However, clients are strongly advised to ensure they have goods in trust and goods in transit insurance cover to protect against loss or damage while the goods are out of their care. The Company will accept no liability for loss or damage to clients' goods. Kandy Pop Photography can not guarantee the quality of prints if done by an outside company other than the one we use through our Company website.
Delivery; Storage of images
Online galleries will be hosted at a minimum of one year. Company is not responsible for any images after that point. All prints/digital images desired must be purchased in that time period. Additional years nay be purchased by client through the Company upon request.
Once the finished images are supplied to the client or his/her agent, whether by CD, DVD or electronic transfer the Company is under no obligation to store copies of the images. It is the responsibility of the client to back up and store all work carried out by the Company. Where replacement images are available and requested by the client or a third party acting on its behalf the Company reserves the right to make a charge for this service.
Online galleries will be hosted at a minimum of one year. Company is not responsible for any images after that point. All prints/digital images desired must be purchased in that time period. Additional years nay be purchased by client through the Company upon request.
Once the finished images are supplied to the client or his/her agent, whether by CD, DVD or electronic transfer the Company is under no obligation to store copies of the images. It is the responsibility of the client to back up and store all work carried out by the Company. Where replacement images are available and requested by the client or a third party acting on its behalf the Company reserves the right to make a charge for this service.
Due to the changing nature of electronic data storage the Company can give no guarantee of the client’s on-going ability to access and use images provided. Images provided will be in the required current format as agreed between the client and the Company. The Company reserves the right to make a charge where the client requests images in an altered format.
Delivery dates
Whilst every effort will be made to provide services to the timescale outlined, delivery dates are given as an estimate only and the Company shall not be responsible for any problems, difficulties or loss arising from any delay.
Whilst every effort will be made to provide services to the timescale outlined, delivery dates are given as an estimate only and the Company shall not be responsible for any problems, difficulties or loss arising from any delay.
Cancellation
If a client cancels an order, the Company reserves the right to invoice for any incurred cost plus an administration charge and to retain any deposit already paid. A minimum 50% non-refundable deposit is required.
If a client cancels an order, the Company reserves the right to invoice for any incurred cost plus an administration charge and to retain any deposit already paid. A minimum 50% non-refundable deposit is required.
Whilst the Company will make every effort to deliver on the services agreed the Company reserves the right to cancel without liability if it is prevented from delivering and will inform the client as soon as possible to this effect. Any deposit will be returned on request and the client will be free to contract with an alternative supplier or to agree an alternative delivery schedule with the Photography by Ward.
General
If any part of these Terms and Conditions is found to be void or unenforceable the rest of the Terms and Conditions will still remain in full force. By accepting an estimate, or otherwise commissioning work, from Kandy Pop Photography, you will have agreed to our Terms and Conditions.
Sign and Date here
Groom Sign Here X______________________________________
WEDDINGS:
Kandy Pop Photography Wedding Contract
Please print clearly:
Bride:_________________________________ :Groom________________________________
Wedding date:________________ Ceremony time:______________________
Ceremony location:_________________________ Reception location______________________
Package selected:__________________ Contracted time:_____ until:_____
Additions:_____________________________________________________________________
Subtotal:___________________ Balance due date:____________________
6% KY Tax:_______________
Retainer paid:_____________
Total due:_________________
Other:______________________________
Please read carefully
1. The retainer paid at the time of booking is non-refundable. Retainers do apply towards the balance of the wedding package.
2. The balance is due 4 weeks prior to the event. Kandy Pop Photography reserves the right to nullify this contract due to late payment.
3. Payments made less than 4 weeks prior to the event must be made in cash or money order.
4. “Bounced checks/non sufficient funds” will be assessed a $35.00 fee.
5. All prices, including professional fees, albums; prints are subject to 6% KY sales tax.
6. “Upgrading” of packages is allowed prior to the wedding day only, however, additional time frames can not be guaranteed. “Downgrading” is not allowed.
7. In the event of a cancellation, Kandy Pop Photography must receive notification immediately and followed up with a written, signed notification.
8. Should the event date change, the client will sign a new contract for the new date. An additional retainer will be paid in order to reserve the new date. The initial retainer will not pertain to the new contract or final balance. The client must sign a cancellation notice for the previous date. If the original date is re booked, the client will receive a gift certificate for portrait credit only (not wedding related) with an expiration date in the amount of the original dates’ retainer.
9. Cancellations 2 weeks prior to the wedding after the balance is paid will result in a 50% refund of the balance only. Cancellations 2 weeks or less before the event will result in no refunds of balance or retainer.
10. Kandy Pop Photography will issue a schedule for formal portraits and is not responsible for photographs not taken because family/wedding party members are not ready, late, or not at the proper location at the scheduled times. Formal portrait sessions will end 30 minutes prior to the ceremony. If “alter returns” are scheduled, we require 30 minutes to finish portraits after the area has cleared of all guests. Photos of bride and groom entering the reception are not guaranteed.
11. All contracts will contain a scheduled amount of time for Kandy Pop Photography to perform their duties. This time will begin when the formal portraits are scheduled to start whether or not actual photography is occurring. The contracted time cannot be broken into non-concurrent increments.
12. Kandy Pop Photography reserves the right to refuse photography services in conditions that may cause harm to personnel or equipment.
13. Kandy Pop Photography is the exclusive official photographer for the event on this contract. No other professional photographers will be allowed. Violation of this rule will result in immediate cancellation of the contract, resulting in the loss off all payments. Other photography by non-professionals is not allowed if it impedes Kandy Pop Photography in the performance of the duties. We are not responsible for ruined or missed shots because of interference by videographers or guests with cameras or other distractions.
14. Kandy Pop Photography reserves the right to determine how many photos will be taken, format, exposures, settings, papers, textures, and albums will be used. Major retouching of images is not included.
15. All photographs are copyrighted by Kandy Pop Photography. Federal copyright law preserves the right to exclusive use and ownership of negatives/digital negatives/and all images from Kandy Pop Photography whether for display, publication, contest, sale, advertisement or otherwise. It is illegal to copy or reproduce the photographs in any way without the written permission of Kandy Pop Photography. Violations of those laws will be prosecuted under the Untied States Copyright statutes.
16. All monies for the reorders are due in full when placed. We are unable to deliver partial print, album, or album expansion orders.
17. Album selections must be placed within 90 days of the wedding event. If not, a rescanning charge will apply in order to complete the terms of the contract. If album orders are not completed within 1 year of the event, the terms of the contract are null and void. No albums will be produced and must be purchased by a la carte prices only.
18. Because a wedding is a live, “uncontrolled event”, we cannot guarantee any specific shots which may be discussed between the photographer and the parties involved in the contract. We shall not be held liable for a non-performance or as a result of Acts of God and /or Authority of Law. Clients waive any claim beyond the refund of session fees excluding the retainer. Kandy Pop Photography takes the utmost care with respect to the exposure, development, and delivery of photographs, however, in the event that Kandy Pop Photography fails to comply with the terms of this contract, due to any event outside the control of Kandy Pop Photography, Kandy Pop Photography’s liability is limited to the refund of session (not retainer) only.
The terms of this contract with Kandy Pop Photography are understood and accepted on (date):___________________
Bride Sign Here X______________________________________
Groom Sign Here X______________________________________
