PHOTOGRAPHY CONTRACT + MODEL RELEASE *
1. Limited Liability and Indemnity: Kelsie Kikuchi takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Kelsie Kikuchi's control, Kelsie Kikuchi's liability is limited to the rescheduling of the Photography Session. Client(s) agrees to indemnify and defend Kelsie Kikuchi against any and all third party claims, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of incidents or damages resulting from Client(s) actions or omission during Photography Sessions.
2. Images: Upon downloading images from their online gallery, Client(s) accepts all responsibility for archiving and protecting the photographs. Kelsie Kikuchi is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers. Kelsie Kikuchi insures the back-up of images through numerous means. However, Kelsie Kikuchi cannot guarantee maintaining the perpetual life of all images. Therefore, it is advised that once Client has possession of the images they are stored in a safe place, and if applicable, back-ups made of the images.
3. Creative License: Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. Kelsie Kikuchi reserves the creative right to edit and release only those photos deemed creditable as professional in quality and within the photographer’s artistic standards.
4. Permissions: It is the responsibility of the Client(s) to schedule and receive permission to use various locations for photography. If fees are required by a venue to reserve the location, it shall be Client(s) sole responsibility to pay for such fees and arrange for any necessary permits in advance.
5. Copyright: Kelsie Kikuchi is the author of all images made hereunder and as provided for by United States Copyright Law. Kelsie Kikuchi shall retain the copyrights in perpetuity, regardless of possession or ownership of photographs, digital files or any other format of reproduction. The Client is prohibited from altering the photographs in any way. This includes but is not limited to: cropping, converting color or any other means of changing the original artwork. Upon delivery, limited copyright ownership of the resulting images will be transferred to the Client(s) under the following conditions:
- The photographs are the property of Client(s) for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives.
- Any photographs uploaded online will be clearly and distinctly attribute credit to Kelsie Kikuchi.
- The Client(s) must obtain written permission from and compensate Kelsie Kikuchi prior to the Client(s) or its friends and relatives publishing or selling the photographs for profit.
6. Model Release: The Client(s) hereby grants to Kelsie Kikuchi the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases Kelsie Kikuchi from all claims and liability relating to said photographs.
BY CHECKING THE BOX BELOW, I HEREBY ACKNOWLEDGE THAT I HAVE READ AND AGREE TO ALL POLICIES SET FORTH BY KELSIE KIKUCHI AS STATED IN THE PHOTOGRAPHY CONTRACT AND MODEL RELEASE.