Definitions
- “We,” “us,” “our,” “Photographer,” and “studio” refer to kapture.photos.
- “Photographer” also extends to cover Photographer’s legal representatives, those who work for him/her/it, and those for whom he/she/it works.
- “You,” “your,” and “client” refer to client organization/talent/parent/guardian and the minor(s) under his/her/its guardianship or in his/her/its ward.
- “I,” “me,” “my,” and “myself” refers to client organization/talent/parent/guardian and the minor(s) under his/her/its guardianship or in his/her/its ward.
Declarations
- kapture.photos is an Ohio corporation.
- Client (if an individual) warrants that he/she is of full age and have every right to contract for him/herself and the minor under his/her guardianship or ward. Client further that he/she has read these terms and conditions prior to accepting, and that he/she is fully familiar with the contents thereof. These terms and conditions shall be binding upon Client, and his/her respective heirs, legal representatives, and assigns.
- Client (if an organization) warrants that it has every right to contract on behalf of its members. These terms and conditions shall be binding upon Client, and his/her respective heirs, legal representatives, and assigns.
- For the purposes the transaction(s) covered by these terms and conditions, the client organization/talent/parent/guardian is accepting these terms and conditions on his/her/its own behalf and on behalf of the minor(s) under his/her/its guardianship or in his/her/its ward.
General Terms
- Client shall assist and cooperate with Photographer in obtaining desired photographs. Photographer shall not be responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance or cooperation.
- Client will be respectful to photographer and all parties being photographed.
- Photographer has the right to end the session, without refund, if there is lack of cooperation or respect.
- Client will not hold Photographer or the owner of the property liable for any injury that may occur during the session.
Fees and Payments
- Fees for each session are presented individually. We may offer groups discounts on a case-by-case basis.
- Travel fees for sessions outside our local operating area may be added to the cost of the session. Travel fees are based on mileage to and from the location and may change as necessary. We will charge for travel outside a radius of 25 miles, unless travel is provided. All travel fees must be prepaid, according to the standard mileage rate set by the Internal Revenue Service.
- No part of any order, including previews when agreed, will be delivered until the balance is paid in full. Payment for prints is required in full at the time of placing an order. Prints will not be ordered until payment is made.
- For groups larger than 5 individuals in the same shoot, Photographer requires that orders be placed, and fees paid in full, prior to shooting. For groups smaller of fewer than 5 individuals, Photographer requires 50% payment prior to shooting.
Delivery
- We deliver printed photographs and crafted products.
- Unless agreed to in writing prior to shooting, we do not deliver photographs electronically.
- Under no circumstance whatsoever do we deliver raw photographs.
Copyrights
- We retain the copyrights to all the photographs we shoot.
- You may use the photographs for personal, i.e., non-commercial, purposes.
- You may use the photographs without editing, filtering, altering, disfiguring, or distorting our work.
- You may not use our work in a defamatory manner or in a way that may cause us harm.
- You may not reproduce the photographs in any way.
- You may not use the photographs in photo contests.
- We reserve the right to use the photographs for our presentations and marketing purposes.
- For high-volume photography work:
- High-volume work refers to photographing more than 5 individuals under the flag of an organizing body, e.g., cheerleader association, sports league, educational institution, or religious organization.
- Individuals appearing in photographs have non-exclusive rights to the photographs showing their image and likeness individually or within groups. The organizing body has non-exclusive rights to the entire collection of photos.
- Final selection of photographs is made by us. Further photographs and packages tailored to Client’s choice are available in a private session with commensurate compensation rates.
- We make reasonable effort to remedy visible defects. However, in high-volume sessions, expediency is valued over artistic treatment.
- For the purposes of safety, we reserve the right to create boundaries around work area(s,) inside which only talents, teachers/coaches/instructors, and photo assistants are allowed.
- Photographing individuals and small groups:
- Small groups are made up of fewer than 5 individuals involved in the same shoot.
- Individuals appearing in photographs have non-exclusive rights to the photographs showing their image and likeness individually or within groups.
- Final selection of photographs is made by us. We may invite Client to contribute artistically at our discretion.
Release and Waiver of Liability
As part of this engagement, the following release and waiver apply between Photographer and me:
- I grant Photographer absolute rights and permission to take, use, reuse, publish, republish photographs of myself without restrictions.
- Photographer has complete creative license pertaining to the artistic treatment of the photographs and how to use them — in whole, in part, composite, or distorted.
- I waive the right to inspect or approve the finished product(s) prior to use or publication.
- I release Photographer from any liability arising from blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of the photographs or in any subsequent processing thereof.
- Photographer may use my real or fictitious names in publishing or reproducing the photographs.
- Photographer may use our photographs in any media known now (e.g., DVDs, overhead projectors, and social media) or later (as may be invented in the future.)