General
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from force majeure for which we will not be responsible. In order to contract with KMc Media LLC you must be over 18 years of age. KMc Media LLC retains the right to refuse any request made by you.
Photographs and videos are only saved for 14 days. Please download your media right away.
Prices are subject to change.
Terms of Sale and Service
These Terms and Conditions constitute an agreement between the parties and supersede all previous agreements between the parties relating to its subject matter. No variation or agreed termination of these terms and conditions (or of any document referred to in it) shall be effective unless it is in writing. If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. A person who is not a party to this agreement shall not have any rights under or in connection with it.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of the state of Texas.
Acceptance: Your booking and/or payment of your session fee signifies acceptance of these terms and conditions as a legally binding contract, unless otherwise objected to explicitly and in writing, prior to accepting my service. No variation of this contract shall be recognised unless explicitly agreed to in writing.
Any booking or payment made to KMc Media LLC (including the session fee) indicates that you have read, understood and agreed to all the terms and conditions as set out in this document, in its entirety. If this contract has to be enforced, you agree to mediation instead of court proceedings.
Relationship of the Parties: The parties agree that KMc Media LLC is an independent contractor, and that neither KMc Media LLC, nor KMc Media LLC’s employees or contract personnel are, or shall be deemed to be, employees of Yours. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these terms. Neither of us is authorized to act as agent or bind the other except as expressly stated in these terms. KMc Media LLC and the video/photos or any other deliverables prepared by KMc Media LLC shall not be deemed a work for hire as defined under Copyright Law. All rights granted to You are contractual in nature and are expressly defined by these terms.
Staying Covid Secure: If you are experiencing any of the known symptoms of Covid-19, or if you have been in contact with anyone who has recently experienced symptoms, or if you or any member of your household has been asked to self-isolate, then please inform me immediately so we can rearrange your shoot.
Despite taking the above steps to mitigate the spread of Covid-19, carrying out any activity in the US currently carries a degree of risk of infection. Continuing with your booking and attending your photography session constitutes an acceptance of this risk. Please consider any health conditions of yourself or those you live with before making an informed decision about whether you are happy to accept this risk.
Copyright & Ownership
Ownership of Work Product by Photographer: Photographer will own all right, title and interest in all Work Product. Client (on behalf of itself and any participants at the Portrait Session) hereby grants Photographer and any of its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any materials created by Client or attendees, during the performance of the Services, that may be protected by copyright or any intellectual property rights (“Portrait Session Materials”) as part of any Work Product or in connection with the marketing, advertising or promotion of Photographer’s services, including in connection with Photographer’s studio, portfolio, website or social media, in any format or medium. Client acknowledges and affirms that no other person or entity has any rights that may prevent or restrict Photographer from using Portrait Session Materials as provided herein.
Limited License to Client
Personal Use: Photographer hereby grants Client an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use Work Product for Client’s Personal Use, provided that Client does not remove any attribution notices or copyright notices included by Photographer in any Work Product. “Personal Use” includes, but is not limited to, use (i) of photos on Client’s social media pages or profiles; (ii) in Client’s creations, such as print materials, albums or gifts; (iii) in non-commercial physical display; and (iv) in communications, such as newsletters, emails, or cards. Client will not make any other use of the Work Product without Photographer’s prior written consent, including but not limited to use of the Work Product for commercial sale.
The Photographer asserts the right to be credited as the author of the Photos used in publications such as magazines (print/online) MUST be accompanied with the following photo credit: “Photo(s) by KMc Media”. Any unauthorised reproduction or modification of any images will constitute a breach of copyright. This includes making copies or ‘screen shots’ of images shared by the photographer online.
Sometimes the photographer may share previews or “sneak peeks” of your images, or give you access to an online gallery of images. These images must not be copied, screen shot, downloaded, edited or altered in any way.
If you wish to share photographs to your own network (i.e. Facebook, blog or any other online channels) you agree to do so only once you have purchased and paid for them. In addition, you agree to include the photographer’s company name (KMc Media) and Website (kmcmedia.com) in your posts.
Clients are not permitted to take their own photographs at any portrait photography session.
Reservations: Your portrait session is reserved only once the Photographer confirms availability and session fees are paid in full.
Sessions cancelled before 72 hours from your session time receive a 100% refund. Sessions that are postponed inside of 72 hours from your session to a later date will retain the fee as studio credit which will be good for one month. Please note that any new date will be subject to the Photographer’s availability. The Photographer shall use reasonable endeavor to arrange an alternative date for your photo shoot session. You can reschedule your session once before forfeiting your session fee. Non rescheduling cancellations forfeit deposit. No shows and no calls forfeit their session fee no exceptions.
In the event that the Client arrives late to the Portrait Session, the amount of time late may be deducted from the time allotted for the session. Photographer will not provide a refund or other compensation for the time deducted from the session due to late arrival of the Client.
Following payment of the session fees, balance of any fees due is to be paid on, or before the date of the session. No photographs will be delivered until all payments due have been paid in full. Payment for additional images and albums is to be made when they are ordered. All sales are final.
Client Responsibilities
Required Consents: You will ensure that all required consents, as applicable, have been obtained prior to performance of the Services, including any consents required for the performance of Services and the delivery of Work Product by Photographer and, as applicable, from venues or locales where the Services are to be performed or from participants of the Portrait Session.
Expenses: You will provide the means of travel or be responsible for reasonable travel expenses incurred by Photographer that are necessary for the performance of the Services or travel that is otherwise requested by Client where the location of the performance of the Services is not in the city of Houston, Texas. Client will be responsible for any other expenses incurred by Photographer that are necessary for the performance of the Services.
Waiver: You (on behalf of himself/herself and any other participant whose image or recording may be captured by the Services) hereby waives all rights and claims, and releases Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.
Photographer Responsibilities
Manner of Service: Photographer will ensure that the Services are performed in a good, expedient, workmanlike and safe manner, and in such a manner as to avoid unreasonable interference with your activities.
Photography Staff: Photographer will, and will ensure that all Photography Staff (employees, assistants or other parties engaged by Photographer to assist with the Services):
- comply with the reasonable directions of you from time to time regarding the safety of attendees at the Portrait Session and applicable health, safety and security requirements of any locations where the Services are provided.
- Photographer will be responsible in every respect for the actions of all Photography Staff.
Artistic Release
Consistency: Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.
Style: Client acknowledges and agrees that:
- Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style
- Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and
- Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
Indemnity and Limitation of Liability
Indemnification: Client agrees to indemnify, defend and hold harmless Photographer 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 the Services and or Work Product Photographer provides to Client.
Force Majeure: Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”), and the time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Services not performed shall be returned within 15 days of the date of termination of the Agreement.
Failure to Deliver: Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client).
Maximum Liability: Notwithstanding anything to the contrary, Client agrees that Photographer’s maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under this Agreement.
General Law/Arbitration
This Agreement sets forth the entire understanding and agreement of the KMc Media LLC and You, and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of TEXAS. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in HOUSTON, TEXAS, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Waiver: No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy.
