Terms and Conditions
Images are selected and edited at the Photographer's discretion. Kim Eardley Photography reserves the right to edit and release only those images deemed creditable as professional in quality and within the Photographer's artistic standards.
All packages include adjusting of levels and balances of color to ensure image color and quality. All photos are color, and at the photographer’s discretion certain images will be changed to black and white, color tinted, or have special effects added.
Original unedited images will not be released. Kim Eardley Photography reserves the right to only release photographer selected and edited photos. All other photos remain the sole property of Kim Eardley Photography and will not be released to the consumer.
1. Deposit and Payment. The Client shall make a 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.
2. In case of cancellation, the client will not be refunded the retainer. Photo shoots can be rescheduled based on weather or any other extenuating circumstances. Should the client fail to give 24 hour notice prior to a cancellation or rescheduling, or decide to completely cancel the shoot, this retainer 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.
3. Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints.
4. Failure to Perform. 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.
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.
5. Re-shoots / Refunds. Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds 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.
1. 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.
2. If client chooses to not sign the model release, all images will be purged from the photographer’s harddrive after 1 month. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.