Client Information & Policies Agreement

Date of Session: February 6, 2021

Location: 205 Avenida Pelayo, San Clemente, CA, 92672

 

Client wishes to hire LKP to provide services relating to Client’s  as detailed in this Agreement. LKP has agreed to provide such services according to the terms of this Agreement.

 

1. Services and Delivery of Services

LKP shall provide Client with the following services and/or products ("Services"):

The images will have a turnaround time of 4 days after your session (unless otherwise discussed) and will be delivered through an online gallery. Any and all selections (if applicable) must be made within 7 days after delivery of gallery or LKP will not be held liable to provide final images within above deadline. Changes to these images must be requested within 14 days after your final gallery has been delivered. 

 

2. Cost, Fees and Payment

The total cost for all Services includes either 5 minutes or 10 minutes with all images included. If you have not paid the amount in full you will receive a invoice. This payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates LKP for committing to provide the services and turning down other potential projects/clients. 

 

3. Copyright Ownership  

In the event that any copyrighted work(s) are created as a result of the Services provided by LKP in accordance with this Agreement, LKP owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by LKP and may be used in the reasonable course of LKP's business. 

 

4. Permitted Uses of Product(s)

LKP grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides LKP with attribution each time Client uses LKP's property. Personal use includes, but is not limited to, use within the following contexts:

  1. In photos on Client’s personal social media pages or profiles; or

  2. In personal creations, such as a scrapbook or personal gift; or

  3. In personal communications, such as a family newsletter or email or holiday card. 

 

5. ​Artistic Release

Client has spent a satisfactory amount of time reviewing LKP's work and has a reasonable expectation that LKP will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

LKP will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with LKP's current portfolio and LKP will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

  1. Every client and wedding is different, with different tastes, budgets, and needs;

  2.  services are often a subjective art and LKP has a unique vision, with an ever-evolving style and technique;

  3. LKP will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;

  4. Although LKP will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, LKP shall have final say regarding the aesthetic judgment and artistic quality of the Services;

  5. Dissatisfaction with LKP's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

 

 

6. Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by LKP.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, LKP shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification. Client agrees to indemnify, defend and hold harmless LKP and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) LKP provides to Client.

 

 

7. Cancellation, Rescheduling of Services or No-Show Client. 

If Client desires to cancel Services, reschedule Services, or if it becomes impossible for LKP to render Services due to the fault of the Client or parties related to Client, such as failure of one or more essential parties to show up in a timely manner, Client shall provide notice to LKP as soon as possible via the Notice provisions detailed in this Agreement. LKP has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for LKP to provide the Services due to the fault of Client (or parties related to Client), and LKP will not be obligated to refund any monies Client has previously paid towards the Total Cost. If LKP will reschedule and the fees per session have increased, client agrees to pay difference to reschedule again. Client may also apply the retainer to a different package or session for up to one year from the date of the original session. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the , or should it become impossible for LKP to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.   For instance, if LKP is able to secure another, unrelated client for , then LKP may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost. 

 

6. Impossibility

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“LKP's”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. LKP shall give Notice within  days of the Force Majeure Event to the client, stating the period of time the occurrence is expected to continue. LKP shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. LKP shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the force majeure event causes postponement and LKP is unable to postpone to the clients new date, the client may thereafter terminate this Agreement, forfeiting any retainer or monies given upon notice.

 

7. Health & Safety

Client(s) further understand that LKP complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the [] Client(s) and Client(s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request LKP to do anything illegal or unsafe. Further,  LKP will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances,  LKP reserves the right to end service coverage immediately and/or leave the session. LKP shall be entitled to retain all monies paid and Client(s) agree to relieve and hold LKP harmless as a result of incomplete event coverage, or for a lapse in the quality of LKP's work. 

 

8. Merger 

This Agreement constitutes the final, exclusive agreement between the parties relating to the  and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

 

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.

Your Signature

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Lorin Kelly Photography is based in Orange County but serves all of Southern California (Los Angeles, Orange County, Temecula, San Diego) and is available for travel worldwide.

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