Terms and Conditions

Hello! 

The below information is taken directly from the Klein Photography NW Client Contract. This contract is sent to all clients prior to booking any photo session or event. Please reach out if you have any questions about the information below. When you book with Klein Photography NW, you will receive a similar contract that is specialized to your photo session and will include your own personal information. Contracts such as this are for the safety of both Klein Photography NW and the wonderful clients we work with. 

Exclusivity. Client understands and agrees that he or she has hired Klein Photography NW exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Klein Photography NW hires to complete the services outlined in this agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

Copyright Ownership.  In the event that any copyrighted work(s) are created as a result of the Services provided by Klein Photography NW in accordance with this Agreement, Klein Photography NW 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 Klein Photography NW and may be used in the reasonable course of Klein Photography NW business.

Permitted Uses of Product(s). Klein Photography NW grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Klein Photography NW with attribution each time Client uses Provider'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.

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

1. Every client is different, with different tastes, budgets, and needs.
2. Klein Photography NW services are often a subjective art and Provider has a unique vision, with an ever-evolving style and technique;
3. Klein Photography NW will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions.
4. Although Klein Photography NW will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Provider shall have final say regarding the aesthetic judgment and artistic quality of the Services.
5. Dissatisfaction with Klein Photography NW's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

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 Klein Photography NW.

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, Klein Photography NW 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 Klein Photography NW 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)Klein Photography NW provides to Client.

Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule services, or if it becomes impossible for Klein Photography NW to render services due to the fault of the Client or parties related to Client, such as failure of the booked session to occur or failure of one or more essential parties booked session to show up in a timely manner, Client shall provide notice to Klein Photography NW as soon as possible via the notice provisions detailed in this agreement. Klein Photography NW 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 Klein Photography NW to provide the services due to the fault of client (or parties related to client), and Klein Photography NW will not be obligated to refund any monies client has previously paid towards the total cost of the session.  Client is not relieved of any payment obligations for cancelled services, rescheduled services, failing to show up for the booked session, or should it become impossible for Klein Photography NW 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 Klein Photography NW is able to secure another, unrelated client for the date and time originally booked with the client, then Klein Photography NW may choose, at its sole discretion, to excuse all (or a portion of) client's outstanding balance of the total cost. 

Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services. In the event Klein Photography NW cannot or will not perform its obligations in any or all parts of this agreement, it (or a responsible party) will:

1. Immediately give notice to client via the notice provisions detailed the agreement; and
2. Issue a refund or credit based on a reasonably accurate percentage of services rendered; and
3. Excuse client of any further performance and/or payment obligations in the agreement.

Project: 

The client(s) expressly agree(s) to take best efforts to provide Klein Photography NW and Klein Photography NW's staff with safe and appropriate working conditions. In the event of circumstances deemed by either Klein Photography NW or a bystander to present a threat or implied threat of injury or harm to Klein Photography NW, staff or equipment, Klein Photography NW reserves the right to cancel all services remaining under this agreement and leave if performing services on-location. At Klein Photography NW's discretion, they may enact a three-strike policy. After the first offense, Klein Photography NW will make reasonable efforts to notify the client(s) or a responsible party. If the client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), Klein Photography NW shall resume work in accordance with the original terms of the agreement. If the threatening behavior occurs for a second time, the client(s) will agree to remove the offending person for the remainder of the project. If the behavior occurs a third time, the Klein Photography NW will immediately leave the project. If Klein Photography NW leaves the project early due to any offending behavior, the Client(s) expressly agree to relieve and hold Provider harmless as a result of incomplete project coverage, or for a lapse in the quality of the Klein Photography NW's work, and the Client(s) shall be responsible for payment in full. 

Non Project:

The Client(s) expressly agree(s) to take best efforts to provide Klein Photography NW and Klein Photography NW's staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to Klein Photography NW's staff, Klein Photography NW will make reasonable efforts to notify the client(s). If the client(s) is/are able to respond to the threatening situation in a reasonable amount of time, Klein Photography NW shall resume work in accordance with the original terms of the agreement. If the inappropriate behavior continues, the client(s) will agree to relieve and hold Klein Photography NW harmless as a result of incomplete services under this agreement, or for a lapse in the quality of the Klein Photography NW's work. The client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Klein Photography NW resumes work detailed in this Agreement

Governing Law. The laws of   govern all matters arising out of or relating to the agreement between Klein Photography NW and the client, including torts.

Severability. If any portion of the agreement is deemed to be illegal or unenforceable, the remaining provisions of this agreement remain in full force.

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent through email. 

Merger. The agreement constitutes the final, exclusive agreement between the parties relating to the and services contained in the 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 their agreement only by the parties’ written consent via proper Notice.