Terms of service

Please fully read the agreement prior to booking.

  • Agreement initiated upon booking, does not require signing.

  • All content listed in this agreement is non-negotiable.

  • All payments are non-refundable unless photographer fails to arrive, which has never happened.

  • Strict cancellation and rescheduling policy

  • Copyright and model release

 

01.Agreement/jurisdiction

The person(s) who books the session is known as “client”, agrees that Kelly Fullick aka Keli Francis, known as “photographer”, shall provide services to photograph their session and related events to the best of her abilities, in the manner described and documented in consultation (in person or by phone) and email correspondence and in this agreement. This is a binding contract, which incorporates the entire understanding of the parties, and any modifications must be in writing via email and confirmed by both parties. The laws of the State of Florida shall govern this agreement, and any resulting arbitration shall take place within Sarasota, Florida. Client assumes responsibility for all collection costs and legal fees incurring by Photographer should enforcement of this agreement become necessary. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

 

02.Retainer/payment

Client shall reserve the time and date of services along with their non-refundable, non-transferable reservation retainer equal to the total photography fee. No date is reserved until the full retainer is received. It’s it the clients responsibility to fully read the agreement prior to booking and understand that no date is held without payment in full. Returned checked will be assessed a $50 non-sufficient funds fee, and all future purchases/payments must be made by cash or cashiers check.

 

03.CancelLations

If for any reason Client cancels their session with Photographer before the session date with no plans to reschedule or fails to appear for any reason for their scheduled photo session, Client forfeits all monies paid and Photographer will keep retainer. All scheduled photoshoots are confirmed with the client the day before and a second confirmation the morning of so there is no confusion about the scheduled appointment. Photographer reserves the right to cancel any session to which the Client fails to arrive at agreed upon location within 15 mins of the photo session start time.

04. Reschedule

Client is allowed to reschedule once for personal reasons within 14 days notice prior to date of their agreed upon session time without occurring a rescheduling fee. A rescheduling fee is half the cost of the contracted session fee, minimum of $175. A new date must be established within 3 days and set within 14 days of original contracted date. If Photographer cannot provide a date within 14 days, the earliest available date will be provided. It’s Client’s responsibly to provide a flexible availability for rescheduling to fit Photographers schedule. Photographer reserves the right to reschedule sessions for inclement weather. Photographer also reserves the right to reschedule for personal reasons or health conditions. Should the Photographer reschedule, a new date will be established and agreed upon within 14 days of the original contracted date. If no other date is an option, Photographer agrees to assign a backup photographer to take her place. Gallery will still be edited by Photographer to reflect her portfolio.

05. Liability

If Photographer is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation, acts of God, accident, illness or technical problems, and is unable to provide another competent professional replacement, all monies received by Photographer, minus expenses, will be returned to Client, and Photographer shall have no other further liability with respect to this agreement. This limitation also applies to any loss/damage of memory cards, photo storage in which failure to recoup or deliver Client’s images for any reason cannot be fulfilled. Liability for partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under the agreement during the time preceding the date on which such liability arises.

06. Photo Delivery and Care

Upon receipt of digital gallery, products, and prints purchased, Client accepts all responsibility for archiving and protecting the photographs. Photographer is not responsible for maintaining the life of digital files once Client has had a reasonable time frame to archive their gallery and order their prints. This time frame is set for one month. After one month, the link to your gallery may not be available online. Photographer is also not responsible for any products ordered in which the Client chooses the wrong size or wrong product. To alleviate any ordering issues, Photographer is available for complimentary order session should Client need assistance. Client may request Photographer to reinstate their gallery in the event of Client’s loss of digital files or prints for any reason within one year of session date. If Photographer still possesses Clients digital gallery, Client will have an additional one month to download and archive their digital gallery without incurring reinstatement fee. Additional prints, albums, and all other products offered will be available for purchase up to one year after session date. Any issues with print products received needs to be addressed within 24 hrs of delivery if shipped to Client’s personal address. Photographer does not guarantee any products ordered outside of the online store provided in the gallery link.

07. Responsibilities

Unless agreed upon in advance, Keli Francis shall be the exclusive photographer retained for the event. Photographer may bring one assistant at her discretion as needed. Photographer is not responsible for compromised coverage due to causes beyond her control such as:

  • Tardiness - Please have all members in your group arrive on time. It is the responsibility of Client to make sure they have reliable transportation and communicate to any other parties with appointment and location information.

  • Appearance - Please arrive camera-ready.

  • Delays in timeline - For private events, additional time may be purchased depending on Photographers schedule. Any additional time purchased needs to be paid before exiting event to not prolong gallery delivery time.

  • Respect & Cooperation - Client, Client’s spouse, Client’s children and any other members who are asked to be in attendance are under the understanding that Photographer is there to direct and create imagery to the best of her ability and solely relies on the participation and cooperation of Client and their guests. Also see below “harassment” clause.

Photographer is not responsible for existing backgrounds, inadequate space to work in or lighting conditions (including flash photography from guests) which may negatively impact or restrict the photography coverage in locations that are set by Client. Client agrees to confirm time and date the day before agreed upon session appointment.

08. Harassment

Ensuring the appropriate behavior of all guests and other persons at the session or events covered by Photographer shall be the responsibility of the Client. In the event that Photographer or her employees experience any inappropriate, threatening, hostile or offensive behavior from any person(s) at the session or event after it has been brought to the Client’s attention, Photographer and her assistants reserve the right to end the session and leave the event/session immediately. Client agrees to forfeit the remainder of the session without coverage and without refund.

09. Ordering session

An ordering session appointment date is set up with Photographer to help guide you through the printing process. Client will make sure to bring all decision-makers and any measurements they can provide to help the session be thorough and efficient. Minimum print order $50. No purchase required.

10. Model Release

This agreement serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manner, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third-parties and all compensation for use and credit for the image remain the property of Keli Francis. Clients waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.

**Client may choose to revoke social media and website promotional marketing with the understanding that Photographer revokes all digital and print releases from Client. Client will need to obtain copies of their gallery through Keli Francis at an order session within 10 days after their photo session.

11. Copyright

All photographs taken by Keli Francis are the property of Keli Francis, will remain her property, and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control and use of the images. Also covered under copyright protection is any altering to the photographs in which changes the images in any way.