Brandi Kempton Photography

Entire Agreement: This agreement contains the entire understanding between Brandi Kempton Photography and the CLIENT. The only way to add or change this agreement is to do so in writing, signed by all parties. If the parties want to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have the waiver in writing. 

A. Session Fees

This contract between Brandi Kempton Photography and the above client signature shall not become effective until it is signed and the initial amount due has been paid. At the time the contract takes effect, Brandi Kempton Photography shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that the above client cancels or no shows, all monies paid shall be retained by Brandi Kempton Photography in order to offset its loss of business. This is a non-refundable/non-transferable retainer fee.

The following session prices are laid out below:

Newborn Collection starts at $500 ($250 is required to reserve the date and time of session). The remaining balance must be paid on the day of your session (check or cash only. credit cards will be charged an additional 4% fee). All fees cover the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer and online gallery of images to choose from. The digital files included in each collection are determined by the collection chosen by client. 

Belly to Baby Collection $1000 ($500 is required to reserve the date and time of session). The remainder balance must be paid on the day of your session ($250 maternity session sate and $250 Newborn session date). All fees covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and online viewing gallery of images to choose from. 5 digital files are included in both the maternity and newborn session with the Belly to Baby Collection booked. Additional files may be purchased.   

Watch Me Grow - Milestones 6 and 12 months $600 (only avaialble with newborn session booked) $600 is required to reserve the date and time of session. The session fee covers the time and talent of photographer for both sessions, basic retouching and creative editing of images, as determined by the photographer, and and online viewing gallery of images to choose from each session. This package does not include and digital file. Files can be purchsed separately. 

Cake Smash/1st Birthday Sessions - Please contact Brandi Kempton Photography for current pricing. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and and online viewing gallery of  images to choose from. Digital images are to be purchased separately depending on your type of session for an additional fee. 

 

B.Location Costs & Fees

If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel within 30 minutes of Carlsbad, CA.   Any location outside of these limits will be subject to an additional charge of $.60/mile as part of the agreement.

C. Rescheduling

If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 48 hours prior to their shoot without penalty. Should client fail to give 48 hours notice, or decide to completely cancel the shoot, this session fee deposit 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. If a client is more than 30 minutes late for a session, that time will be deducted from the session time. (i.e. if session was from 9:30-11:30 and they didnt get there til 11:30 then your session is over.) Its a no show and does not result in a refund for the clients either. They can reschedule by paying an additional retainer. 

D. Re-shoots / Refunds

Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for no shows, poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.

E. Archive

After six (6) months, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by 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.

F. 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.

G. Damage

Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.

H. Model Release

I hereby give to Brandi Kempton Photography the absolute and irrevocable right and permission with respect to the photographs that she has taken of myself and/or my minor child in which she may be included with others:

1. To copyright the same in the photographer’s name or any other name that she may select

2. To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and

3.I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.

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

Brandi Kempton Photography retains all copyrights to all images created during client’s session. A print release may be purchased with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Brandi Kempton Photography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, 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 blog/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, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them.

K. Session Do's and Dont's

~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 or video taping during the session.

~Session starts at the agreed upon time. It is strongly encouraged that client arrives 15 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins.

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

~Please avoid eating or drinking red or orange food or drinks before session, as red and orange tend to leave a stain on the face.

L. Completion Schedule

Editing takes approximately two weeks depending on session. 

 

CORONAVIRUS UPDATE

I am currently accepting one client in the studio per week as of Jan 1, 2023.

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I have temporarily closed down my studio as of March 20, 2020. When I am able to slowly reopen, I will only be accepting one client per week.

I wanted to assure you that the safety of myself and clients is paramount to me at Brandi Kempton Photography. I’m staying updated on the latest information from the CDC, the WHO and local and state authorities; acting responsibly by avoiding travel to outbreak hotspots; practicing good hand hygiene—and last, but not least—working from home more when it makes sense. 

So what can you expect in the coming weeks?

As the coronavirus situation unfolds across the country and containment efforts in our area become more aggressive,  I’m limiting my attendance at all newborn sessions.  This is not only for my safety, but yours as well.

I’d love to hop on a call to discuss making alternative arrangements for that special date that you would like me to document for you. I’m looking forward to finding a solution that works best for the health and safety of everyone.

If you feel ill or have fever the day of the session, I ask you please contact me and we will reschedule to a date that works for Brandi Kempton Photography and the client. If I, or anyone in my immediate family, gets sick with coronavirus, I will not shoot any photo sessions until I am cleared to work by my doctor.

I acknowledge that I am voluntarily participating in the aforementioned activity and I am participating in the activity entirely at my own risk. I am aware of the risks associated with participating in this activity, which may include but are not limited to physical or psycological injury, pain, suffering, illness, temporary or permanent disability, economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel to and from the activity, or from conditions at the activity location. Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this activity. 

I hereby acknowledge that I have carefully read this "waiver and release" and fully understand that it is a release of liability. I expressly agree to release and discharge Brandi Kempton Photography and all of its affiliates, members, agents, attorneys, volunteers, from any and all claims or cause of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Brandi Kmepton Photography for personal injury or property damage. 

This waiver and release of liability shall remain in effect for the duration of my participation in the activity, during this initial and all subsequent events of participation. 

 

©2020 Brandi Kempton Photography