1. Definitions

 

i. The Photographer:  TK Moments, LLC

 

ii. The Client: Any person, body of persons, firm, organization, or company with whom the photographer enters into a contract for the sale of goods or provision of services by the photographer.

 

iii. Digitial Purchase: High-resolution digital copies of the final images. When purchased, Client receives a license for Royalty-free for personal use. The owner ("Owner") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo.

 

2. Deposit & Payment
 

i. The Client shall make a non-refundable deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. The balance shall be paid in full before the session for the service to be provided.

 

ii. There is a non-refundable deposit required for all sessions, with the exception of rain dates for outdoor sessions.

 

iii. Clients are permitted one rescheduled session if rescheduling request is made at least 48 hours before the session. After one permitted rescheduling, any further rescheduling will result in the forfeiture of the deposit and will require a new booking.

 

iv. The non-refundable deposit to retain the photographer is 50% of the total balance for the specified services.

 

v. The photographer accepts all major credit cards and bitcoin via PayPal or Cash App. 

 

3. Copyright & Display

 

i. TK Moments (The Photographer) shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.

 

4. Creative License and Coverage

 

i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the client's requirements. 

 

ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer(s) will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.

 

iii. For a booking involving a church or similar venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case. 

 

iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs. 

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5. Edits

 

i. The photographer reserves the right to edit and release only the images that are deemed creditable as professional in quality and within TK Moments standards. The photographer enhances photos via corrections to contrast, lighting, and color, as well and removal of baby acne, rashes, and accidental last minute scratches, bumps, etc.

 

ii. The photographer does not change any inherent qualities of a person, as it is considered a "cosmetic edit."

 

7. Force Majeure

 

i. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement.

 

ii. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

 

8. Indemnity

 

i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot. 

 

10. Delivery

 

i. Your portraits will be available on TK Moments website, in a gallery to view and proof prior to ordering prints. Final edited proofs will be available 2 to 6 six weeks after the date of the session. Proofs will be available for three months and then the gallery will expire. Clients may request a re-opening of their gallery after it has expired. An unarchiving fee of $40 will be incurred. Upon receipt of payment, your gallery will be live for 14 days. 

 

11. Saftey

 

i. TK Moments reserves to right to terminate coverage and this contract, and leave the location of the event(s) if the photographer representing TK Moments experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.

 

11. Applicable Law

 

i. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the States of Minnesota and the US Federal Government.