Contract Agreement and Waiver of Liability/Model Release

This agreement is between the client and photographer, as described below. The client agrees that he/she is responsible for all parties involved with the agreed upon photo session.  If there is an individual involved in the photo session who does not agree to the terms of this agreement, the undersigned client assumes all responsibility for any liability. This agreement supersedes all prior and verbal agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by both parties.

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Your Session Information:
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Contract Agreement:

A. Session Fees and Contract Agreement

Client agrees to pay photographer a non-refundable retainer at the time of booking of $150 plus 7% tax to secure their appointment date and time (for all regular sessions). This is a non-refundable retainer fee. The session fee covers the time and talent of photographer, basic retouching and creative editing of images (as determined by the photographer) and a private online proofing and ordering gallery (complimentary for 2 weeks).  No prints, products nor digital files are included, but may be purchased separately. I understand that there is a $400 minimum purchase requirement per session, excluding the session retainer fee, tax, and any applicable shipping charges. No date is formally reserved until a retainer fee is received. If the retainer fee is not paid in full within 3 days of booking, your reserved date may be given to other potential clients. The retainer fee is a non-refundable payment. In addition to your retainer fee, a signed copy of this agreement is required to reserve your portrait session date. Prints, products and digital images are available for purchase approximately 2 weeks after the session, but may take longer under certain circumstances. Additional fees may be added for large groups, special request editing, excessive wardrobe changes and/or additional locations not discussed and agreed upon at the time of booking. By paying the retainer, you are agreeing to the terms and conditions outlined in this contract.

B. Location Costs & Fees

If there are any costs/fees associated with the location the client has chosen for their session, the client will be responsible for those fees. The photographer will not guarantee or arrange any fees or payment for use of any location. Session fee covers travel within the greater Pittsburgh area. Additional fees may apply for significant distances traveled at the client's request.

C. Rescheduling

Upon your signature, the Photographer will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the retainer is non-refundable. If an illness or situation prevents a photo session from taking place, client may reschedule their session one time at least 24 hours prior to their shoot for a rescheduling fee of $25. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control and will notify the client as soon as possible if an unforeseen circumstance should arise. If it is not possible for a session to take place on a scheduled day due to weather, the Photographer and Client will reschedule for an agreed upon date at no additional charge. 

Weather Policy: In the event of weather conditions out of our control for outdoor sessions:

Due to photography equipment and lighting conditions, it is at the photographer’s discretion if weather conditions are such that the session must be cancelled. If such an event occurs, the client will be given the opportunity to reschedule at no additional cost. If client pursues the session, regardless of the photographer’s advice, and the images are not up to the photographers standards, the client will be responsible for all charges related to scheduling an additional session.

D. Re-shoots / Refunds

Re-shoots are rare and are determined at the discretion of the photographer. Re-shoots will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer. Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions.

E. Editing

Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet her standards. Editing and image delivery takes approximately 2 weeks, but may take longer. In the event that image delivery is outside of this normal turn-around time, the client will be notified via e-mail.

F. Archive

After six (6) months, all images will be purged from photographer’s archive, except as needed for promotional purposes, as determined by the photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control. If digital files are purchased by the client, the client is responsible for backing them up to a second location for archival purposes. The photographer is not responsible for replacing lost or corrupted digital files purchased by the client. 

G. Payment

All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.

H. Damage

Photographer is not responsible for the damage of portraits after delivery to client. Any orders shipped to the client will be tracked and insured via USPS, however the client assumes all responsibility for the safety of all prints, products and/or digital files upon receipt. Orders may also be picked up at the studio by appointment only. 

I. Liability

Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. 

J. Copyright & Penalty

Deborah Kocan of Deborah Kocan Photography, LLC retains all copyrights to all images created during client’s session. Final edits will be released through an online proofing gallery, where prints, products, and/or digital files may be purchased.  If purchasing digital files, a personal print release is included. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images in any way without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Deborah Kocan of Deborah Kocan Photography, LLC during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, instagram, twitter and/or other social media accounts, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of each digital image client has stolen, at photographer’s current price per digital file. 

Note from photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my website/facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time and dedication that I have put into training and equipment to capture these images for you. Please do not steal them! 

Social Media Policy: You are free to share any of your photos on any social media platforms.  Any photos shared that have been altered by “filters” or creative cropping will be a direct conflict of this contract, and must be removed immediately. Any sharing done on social media must include credit to Deborah Kocan Photography, LLC in the caption, or a link to Deborah Kocan Photography,LLC's website/social media handle as seen below.

Website: www.debkocan.com

Facebook: www.facebook.com/deborahkocanphotography

Instagram: www.instagram.com/deborahkocanphotography

Example: Photo Credit: Deborah Kocan Photography, LLC - www.DebKocan.com, www.facebook.com/deborahkocanphotography 

K. Additional Rules and Requests 

K1.  The photographer welcomes inspirational ideas but will not copy any other photographers work, including Pinterest ideas. If you have a special idea in mind that you would like to incorporate into the session, please be sure to inform the photographer in advance of your wishes during session planning.  It may be impossible to accommodate requests the day of the session.

K2.  No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras, cell phone cameras or video taping during the session.

K3.  Session starts at the agreed upon time. It is strongly encouraged that client arrives 5 minutes prior to session time. If client going to be late, please inform the photographer as soon as possible. If you do not arrive to your photography session within 15 minutes after the scheduled start time and the photographer has not been notified, the session will be canceled and the photographer has the right to leave. Your session fee will be forfeited. Photographer will wait at agreed upon meeting location until 15 minutes after the session start time. In the event that the client is late to the set location, the client's session will still end at the originally scheduled ending time (for mini-sessions only; regular sessions have no set end time). 

K4.  Please do not bring any children not being photographed to the session.

K5.  Please make sure children's hair is combed and face and eyes are clean and free of runny noses. 

K6.  Please avoid eating or drinking red, blue or orange food or drinks before session, as they tend to leave a stain on the face or mouth.

L. Retainer/Deposit

Deposits are 100% of total session fee. Deposits can be paid through PayPal via friends and family payment: www.paypal.me/debkocan/160.50 (for all regular sessions).  Mini-sessions and weddings may have different fee/deposit structures.
If PayPal is not an option, please contact Deborah Kocan Photography, LLC to arrange payment by cash or check. Session can not be held until deposit is paid.

There is a $150 charge for payments returned by the bank for any reason. 

Prints, products and/or digital files ordered will not be delivered until payment is received in full. 

M. Arbitration

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s studio/office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute. Clients shall bear their own costs for legal representation, transcripts, depositions and any other costs required to prepare the arbitration.


Release of Liability/Model Release:

I, named above (hereafter “Client”) for good and valuable consideration, the receipt of which is hereby acknowledged, hereby irrevocably authorize DEBORAH KOCAN PHOTOGRAPHY, LLC (hereafter “Photographer”) to use photographs of me and/or my property and authorize her assignees, licensees, legal representatives, transferees, and those acting under Photographer’s permission and on Photographer’s authority to copyright and to use and/or publish (with or without my name, company name, or with a fictitious name) photographs, pictures, portraits or images herein described in any and all forms and media and in all manners, including composite images or distorted representations, and the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form on CDs, DVDs, USBs or internet websites), for any product or services, or other lawful uses as may be determined by the Photographer. I further waive any and all rights to inspect, review or approve any uses of the images, any finished product or advertising or other copy that may be used in connection therewith or the use to which they may be applied. The client hereby releases and agrees to hold harmless Photographer, her legal representatives, assignees, and all persons acting under her permission or authority, from any liability by virtue of 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 pictures, or in any processing tending toward the completing of the finished product. It is understood that the Client is not given permission or rights to sell or publish the images, unless both parties are consulted first and have agreed with the usage of the images. The client may use purchased final images for their own self-promotion via the internet as long as the Photographer’s copyright (©) notice remains intact, or is otherwise attached or stated with the image in the form of a watermark or photographer credit with website stated. No alterations may be made in any form to the photographers edited images. All final images will be provided for purchase to the client, either in print form or digital form, for a fee to be determined by the Photographer. The client affirms that all poses, positions and situations enacted in the Depictions covered in this release were entered into without force, coercion, or threat whatsoever. Client further agrees to hold blameless and free of all accusation of such force or coercion by Photographer, her legal representatives, assigns, and those acting under her permission and on her authority. Client acknowledges and fully understands that he/she may be photographed engaging in various activities some may involve risk or serious injury, including permanent disability and death, and/or severe social and economic losses which may result not only from their own actions, inactions or negligence but the action, inaction or negligence of others. Further, Client accepts personal responsibility for the damages following such injury, permanent disability or death. Client knowingly and freely assumes all such risk, both known and unknown, even those arising from the negligent acts or omissions of others, and assumes full responsibility for participation. The Undersigned individually hereby voluntarily assumes all risks of loss, damage or injury that may be sustained by them, or any of them, any damage to any property of the Undersigned, or any of them while in or upon any premises used by DEBORAH KOCAN PHOTOGRAPHY, LLC.

I have read this release of liability and assumption of risk agreement, fully understand its terms, and understand that I have given up substantial rights by signing it and sign it freely and voluntarily. Client affirms that he/she is fully able to contract in his/her own name without breach of any prior agreement or applicable law. If a minor under the age of 18, then the parent or legal guardian shall be responsible to sign this release.


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