Mariko Kay Photography hereby agrees to perform portrait services for the Client. The photographer and client agree to the following terms and conditions:
The Client agrees to pay the Photographer the total fee for the services of their choice that is stated in their invoice.
All payments may be made via cash, check, VENMO. Check return fee is $100.00. Payments overdue by more than 2 weeks will incur a $100 late fee, and an additional $20 every week thereafter.
Upon signing the contract in conjunction with paying the non-refundable deposit, the Photographer will reserve the date and time agreed upon for the photo session. The reservation deposit is 50% of the total. Mini and micro sessions are to be paid in full in order to book the session. The deposit is to be paid upon execution of this agreement and is non-refundable or transferable in the event of cancellation. The total balance is due 14 days prior to the date of the photo session. The Photographer will not make a delivery of the final product if the balance is not paid in full. Upon signing the contract, the agreed upon coverage may be upgraded but not downgraded.
In the event of the Client canceling within 24 hours of the session, an additional $50 deposit is required to reschedule to a new date unless the Client canceled due to weather.
If travel is necessary for the portrait session beyond 30 miles from Mariko Kay Photography’s location, a fee based off of the distance will be added onto the invoice for the Client to compensate for any extra travel.
In the rare case that a medical issue, complication, injury, emergency, or any other medical related incident shall occur, the Client agrees to release his or her right to hold Mariko Kay Photography accountable legally or financially, whether the medical issue happened inside or outside of the Photographer’s control or advice. In the event of a medical emergency, the Photographer will reschedule the session to a future mutually agreeable date.
The Photographer the reserves right to reschedule any sessions due to important and unexpected circumstances. The Photographer will reschedule the session to a future mutually agreeable date.
In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. If the Photographer cannot perform the requested services due to sickness, car accident or other casualty, unexpected family matters, act of God or other causes beyond the control of Mariko Kay Photography, the Photographer reserves the right to appoint another photographer to attend on her behalf to undertake the services. If such a situation should occur and a suitable replacement is not found, liability is limited to the return of all payments received for the agreed upon package.
The Client is responsible for additional fees and costs related to locations choice such as all travel, parking, admission,
photography permits, etc.
The Photographer is not responsible for any damage to any of the Client’s possessions (clothing, accessories, car, phone, etc.) during the sessions.
If any of the Photographer’s equipment is tampered with or damaged in any way due to the Client or a member of the Client's party, a restoration fee will be invoiced to the Client to compensate for the repair.
Mariko Kay Photography reserves all creative rights for choosing what images will be presented to the client and removing any undesirable images from the collection.
Please allow 3-4 weeks for portrait sessions to be posted to the online gallery. If the Client requires the images sooner than the timeframe, a rush fee may apply.
After the Photographer has delivered the final product of images to the Client, it is highly recommended that the Client back up their images. The Photographer will backup the images for 3 months. After 3 months, the Photographer cannot be held responsible for any lost images.
Designing of albums takes the Photographer’s time and talent, therefore the Photographer will allow 1 free redesign, but any further alterations will acquire a $100 redesign fee.
Model Release : The Client hereby assigns and grants Mariko Kay Photography the irrevocable and unrestricted right to use and publish photographs of the party or in which guests/relatives may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. It is agreed that Mariko Kay Photography may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Mariko Kay Photography. (In Summary: You are giving Mariko Kay Photography the right to use photographs of you or any person at the portrait session to publish photographs for commercial or advertising purposes.)
Image Copyright Information : The images produced from any session are protected by Federal Copyright laws. They may not be altered, copied, transmitted or used in any way without prior written consent of the copyright owner, Mariko Kay Photography. If applicable, the Client will obtain the print release which is a limited use copyright. It allows the Client to use the images for Facebook and/or web, and the Client may also print the images for his or her own personal use. If any other vendors reach out to the client to use the photographs for their business, the client must direct the said vendor(s) to the Photographer in order to obtain those images.
If the Client would like to post any images on Facebook/Instagram, adding any additional edits such as filters is prohibited. The images may not be altered in any way. If the Client has requests on a certain image of how the image is edited, the Client can contact Mariko Kay Photography for further editing. Editing fees may apply.
In the unlikely event of the Client’s images are lost, stolen or destroyed for reasons within or beyond the Photographer’s control, the Client is limited to the return of all payments received for the package.
Under no circumstance shall Mariko Kay Photography be held liable for any amount in excess of the retail value of the Client’s order.
