Terms of Service
DEFINITIONS
“The Photographer” is Amber Kuhn. “The Client” is any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Acceptance of Terms and Conditions:
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
WEBSITE
The content and images used on the website are the property of and copyrighted by Amber Kuhn, dba Amber Kuhn Photography. Certain images may be utilized on other websites under the control of the photographer and/or Amber Kuhn Photography. No images or content may be copied, duplicated, or otherwise taken from the website without the express written permission from Amber Kuhn Photography and/or the creator of the work.
PAYMENT TERMS
A 50% or 60% NON-REFUNDABLE retainer is required to confirm any booking of Amber Kuhn Photography. Bookings are made on a strictly first-come-first-served basis. Dates will ONLY be secured upon receipt of the deposit. The retainer will be at the Photographer's discretion at the time of contract signing and is usually necessary for events that are scheduled some time out. Amber Kuhn Photography only accepts payments in USD - US Dollars.
Balance of payment - payable on the day of the photo shoot. No images will be released until the final balance is paid in full.
Example: The Photographer is assigned to a project and arrives at your location to perform work as agreed. Upon completion of the work you will be invoiced, and payment is due. Payment can be made via the online payment processor (Stripe or PayPal), used by Amber Kuhn Photography, or other means agreed upon prior to the shoot.
The Photographer reserves the right to charge interest on all overdue invoices at a rate of 3% per month.
RETENTION OF TITLE
The Photographer reserves the right to retain all of the Client’s materials in her possession until all monies owed to the Photographer have been paid in full. Furthermore, the license to reproduce images created by the Photographer will also be revoked until payment has been made.
SERVICES
Payment for services is due upon completion of the work.
Example: A photographer is assigned to a project and arrives at your location to perform work as agreed. Upon completion of the work you will be invoiced and payment is due. Payment can be made by check or other means agreed upon prior to the shoot.
If a retainer was taken prior to the work, the amount of that retainer will be shown as a credit on the invoice. Retainers may be required for larger projects or projects involving rental equipment or travel beyond 150 miles one-way or overnight travel.
Booking:
a. Booking Days: The Photographer may be booked by the Day (eight (8) hours) or the Hour.
CANCELLATION FEES
Cancellations: Your retainer is non-refundable. Cancellations of trips or full-week confirmed bookings must be made one week prior to the booking, otherwise, a full fee will be charged and full reimbursement will be expected. (e.g. costs incurred from transportation, airplane, etc.)
Weather Permit: Type of weather must be specified. A same-day cancellation will be charged as a Full Day Fee. Cancellations twenty-four (24) hours in advance will be charged as a Half-Day. In such instances, the Photographer may charge in full for her expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees, etc.), that she may have incurred prior to or during the assignment taking place.
Example: The Photographer is scheduled to shoot an event and the event is cancelled the day prior to the agreed time. The Client contacts the Photographer to advise of the cancellation. At that time, the Photographer will charge for a full day of the agreed contract amount, plus 100% of any rental fees or other actual expenses. If the Photographer has completed any portion of the travel, the Client will be invoiced for all travel expenses as if the work had been completed.
If the work is canceled on or before the day of the scheduled work, for any reason by the Photographer, the Client agrees to reschedule the work, if possible, at their earliest convenience. The Client will not be charged for travel or any other expenses if the Photographer cancels the work.
OVERRUNS
The photographer may make additional charges should an assignment overrun which is beyond the control of the Photographer (e.g. including but not limited to, the Client requesting additional photographs over and above the Client’s original brief, etc). If the work cannot be completed within the agreed amount of time, Amber Kuhn Photography or their agent and the client agree to amend the contract either verbally or in writing, to provide for additional time as required to complete the work.
Example: if a photographer has begun a project and the time agreed in the original contract is not adequate to complete the work, the photographer or the client can verbally request more time be added to the contract. A notation will be made on the invoice reflecting the day, time, and identity of the persons who requested and approved the additional time. If the client does not approve the requested change, the work will be considered complete at the expiration of the time allotted to the work in the original contract, and payment for the full contracted amount will be due on the invoice, regardless of whether images have been created or provided to the client. The client will receive all work products following payment.
COMPLETION OF THE WORK
Work is complete when the photographer provides the client with the agreed material purchased. This includes a customized link to the Client's web gallery, and/or prints (as per each contract's specifications) containing all of the high-resolution JPEG images photographed on behalf of the Client. Watermarked Images and/or Proofs may not be copied from the web gallery and/or AmberKuhnPhotography.com or used in any form, without express written permission.
CONDUCT
The Client shall be responsible for the behavior of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Client’s behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to charge her full fees and expenses as described above in these Terms and Conditions. The Client will fully reimburse the Photographer or her agents for any loss/damage they cause to property or equipment.
DELIVERY OF PRODUCTS & SERVICES
The supply of products and services are provided by the Photographer on a best endeavors basis. The Photographer will not be liable for delays that are beyond her reasonable control. The Photographer shall use reasonable endeavors to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of her obligations which were due to causes beyond her reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit, etc.
PRICES & TERMS:
a. All prices shown within the Photographer’s price list are subject to change without prior notice.
b. The Photographer reserves the right to amend these Terms and Conditions without prior notice.
COPYRIGHT
In accordance with the United States Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. Amber Kuhn Photography retains all copyright benefits for all images created by our photographers forever. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorization, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications, or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms. Ther means, if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image at the current market rate as determined by the use at the time.
Example #1: You send a magazine an image created by a photographer from Amber Kuhn Photography, the magazine pays you for the image. You owe Amber Kuhn Photography 100% of that payment + liquidated damages, on demand.
Example #2: You send an image created by a photographer from Amber Kuhn Photography to a commercial website for sale to the public or for other financial gains. You owe Amber Kuhn Photography 100% + liquidated damages of any and all income derived from the use of that image.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. The fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after the payment has been made in full.
License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. All we ask is a simple copyright statement be placed near or on the image, and notification of use is communicated to Amber Kuhn Photography. Non-commercial uses include personal web pages, and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, and any other use that would be considered commercial or financially beneficial to the user.
The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition, and editorial purposes.
PHOTOGRAPHIC INTEGRITY & ALTERATIONS
Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect to the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for color, contrast, brightness, sharpness, and cropping, are permitted.
Any alteration or modification of the Image(s) will not constitute a work of joint authorship.
REJECTION
The Client has no right to reject work on the basis of style or composition unless a rejection fee has been agreed in advance. The remuneration must be paid in full even if the ordered and delivered photographic images are not used.
DISPUTE RESOLUTION
In the event of an irresolvable dispute in the interpretation of the terms of this contract, the Client agrees to submit the dispute to either an arbitration process or mediation process, at the photographer's option.
KILL FEES
If the client decides to kill the work after the brief has been met and the work has been delivered by the deadline date, full payment must be made. If the Photographs are not publishable, through no fault of the Photographer, the Client agrees to pay 100% of the Photographer's account.
VARIATION
No variation of the terms of this contract shall be recognized unless agreed in writing.
The above conditions and terms constitute the full conditions and terms of any work agreement made between you (client) and Amber Kuhn Photography or any photographer assigned to you by Amber Kuhn Photography. By signing a contract for services, you agree to these terms and agree to indemnify and hold harmless Amber Kuhn Photography, their agents, and the heirs or assigns.