Policies, Procedures, Terms & Conditions

This document is intended to set forth the policies and procedures used by Kelly Weaver Photography, LLC. These Policies, procedures terms and conditions are agreed upon between Kelly Weaver Photography, LLC and you, the client, upon booking a session or your signing the signature box online.

Advertising: Kelly Weaver Photography, LLC reserves the right to use images from this session for display, publication, or other purposes. All digital images remain the property of Kelly Weaver Photography and may be reproduced and used in any format by Kelly Weaver Photography.

Office Hours: Monday through Friday, 9am-5pm and by appointment.

Photographers: Your photos will be taken by Kelly Weaver or one of our qualified photographers.

Understanding our Pricing BEFORE your session:  We believe in pricing transparency, that’s why we post our pricing on our website. We ask that all our clients review their session pricing (and print pricing, if applicable) for their individual session(s) before the session(s) take place. If there are any questions, please call us (again before the session). The pricing for each session is on our website; just choose SESSIONS from the home page and choose your session type. Pricing is either available on the top RIGHT corner or the session’s page, or via a “fly over” that comes up when you’ve clicked on your session type. Our print prices are also never hidden and are located by clicking here: PRINT PRICES (also located as a link called “pricing” on the bottom of our home page). We have several one of a kind multi-pose products not listed, but are excited to show them to you when you come in for your order session!

Retainer Fees: Your non-refundable retainer/session fee(s) is (are) required to book and hold your appointment(s) (Visa/MasterCard/Discover accepted). The retainer and session fees are outlined on the online booking forms specific to your type of session. The balance of your package (if applicable) is due on photo day, and we will automatically charge the credit card provided upon booking unless a check is supplied.

Arrival: Please show up 5 minutes before your scheduled start time. If you do not show for the appointment within 15 minutes of the start time, the full retainer/session fee and minimum investment fee will be charged to you.

Re-Scheduling: If you need to reschedule, you must notify us within 3 business days of your photo session date, we will apply your retainer/session fee to the newly scheduled date. If you contact us less than 3 business days prior to your scheduled photo session date, the retainer/session fee is kept, and a new retainer/session fee will be charged for your new photo date.

Cancellations:  All retainer and/or session fees are non-refundable for cancellationIf you cancel any session for any reason, please contact us by phone and email. 

Custom Family Sessions: Custom family sessions are special events for us whereby we have additional staff available on specific “family photo dates”. Therefore, we ask that you keep your assigned date/time. The sessions will take approximately 30-45 min. and we will do up to 3 groupings (a “grouping” is a subset of people in your family, like “kids”, “couple”, “all family together”). If the session goes beyond 45 min., an additional cost of $249/hr. will apply in 15 min. increments and the credit card on file will be charged within 1 business day from photo date. One DOG is included in our price, additional cost of $35/dog for more than 1 dog.  Before your session, client must notify us of the parent names, the kids’ names and ages and if you are bringing your dog(s). If the custom family session is included as part of your Varsity, College or Album senior package, the custom family session must take place before the end of the year that the Senior was photographed (to be scheduled by 12/1).

Makeup/Hair We are happy to provide a list of makeup/hair stylists, however we do not make any express warranties as to the quality of work provided. Be advised that we are not liable for the faults of these independent third parties and if client is unhappy with the services provided, it is the responsibility of the 3rd party vendor to fix the problem according to the terms and conditions of their services. The client is totally responsible for additional re-scheduling cost as specified in re-scheduling section of this policies document. Client must be photo ready at arrival time, when arriving at photo session location.

Payment: Visa, MasterCard, Discover, Cash or Check made to “Kelly Weaver Photography, LLC” are all accepted. Cash and checks are preferred. Any balance on the photo shoot package is due at the time of the photo shoot. If additional prints are ordered, payment is due at the time the order is placed. Receipts will be supplied.

Coupons and Special Offers: If you wish to redeem a coupon, please mention the coupon offer when booking by phone or indicate the coupon and offer in the notes section of the booking form. Each coupon has a special offer with limits specified on the coupon itself. Any coupon must be presented on photo day, or the full price will be charged. Additionally, the terms and conditions of any coupon shall apply and must be met to receive the discount.

Proofs: For your convenience and because we use digital technology, client proofs are provided via a website (no physical proofs). The proof website link will be emailed to the email address provided approximately 10 days after the photo session. Within that email will be information about viewing your proofs and placing your order (mostly done in-person). Website proofs will remain viewable for 2 weeks. After the 2 week period, the proofs will expire and are removed from the website, so please write down the image numbers of your favorites. If more time is needed, there will be an additional fee of $25.00 to re-post for 2 more weeks. You must notify Kelly Weaver Photography, LLC before the proof’s expiration date. If no notification is made, the proofs will be removed from the website.

Order Sessions: If you live locally, we strongly recommend coming in to our studio within the 2 weeks your proofs have posted, for an in‐person Order Session. Please contact us to schedule an order session as soon as possible to be sure the proofs are still active when you come to your order session.  If you cannot make it into the studio, we are also happy to arrange a phone‐session with you so we can walk you through the process. Friends and family may also order online.

Retouching: Retouching takes place when the ORDER has been submitted (not before). Ordered images will have facial retouching applied (limited to the face) which includes removal of blemishes, dark spots, softening of wrinkles, lightening of under eye circles, removal of stray hairs above crown and lightening of teeth. Retouching beyond the aforementioned facial retouch, is available for an additional charge and quotes will be provided upon request.

Image Storage: All images will be available for 3 months after photo session date; all orders must be placed within that time frame. After 3 months from photo date, images will be permanently deleted.

Xmas/Graduation Cards:  Clients will be provided the following site: http://www.tinyprints.com/storefront/kellyweaver. Client may choose up to 6 images from which they have ordered a 4×6 or larger print and the images will be available to drag/drop into the card of your choice. Cost $99.

Print Pickup: any prints/products not picked up after 30 days of notification will be shipped to client at client’s expense. The credit card on file will be billed, and client will receive an email receipt.

Yearbook: A rush fee of $75.00 will be applied to any yearbook order placed within 2 weeks of yearbook deadline. When you pick up your order, the yearbook photo will be placed in a separate envelope. It is the responsibility of every student/parent to deliver the yearbook portrait and fee to the school BEFORE the high school’s deadline.

Specific Photo and Marketing Related Requests: We ask that all photo requests be submitted in writing prior to the session date. For headshot clients working with marketing, web, graphic specialists, or the like, please consult with them first to insure that you (and we) receive this information before your session. These requests may revolve around preferred poses, backgrounds, expression, size, dimension, distance from subject, how much of the body is included in photos, if a “clip mask” will be produced from the images, head size, and other personal preferences. Though we cannot guarantee we will be able to accommodate every request, we like to get these in writing first. If we do not receive anything in writing, we will perform our standard photo session.

Webshare Files: Should you wish to share your ordered images through the web, email or on an electronic device, please ask about our “webshare files”. These files cannot be printed, rather they are for electronic sharing and will have a border/logo on them which cannot be removed.

Digital Files: A copyright release will accompany purchased digital files with specifications as to duplication. Once digital files are released, they cannot be returned for money back. The file sizes and number of files depends on the package chosen & are listed on our pricing pages. Only the number and sizes of the files listed will be provided, others may be purchased for an additional cost.

Notice of Copyright: Please be aware, it is ILLEGAL to copy, scan, reproduce, or email your photographs elsewhere (including Parent Yearbook ads, Facebook, and the like) without written permission from Kelly Weaver due to copyright laws. Violators of this Federal Law may be subject to criminal and civil penalties. The website proofs cannot be copied, printed, saved or duplicated in any way.

Definitions: the following terms may be used interchangeably and may refer to any of the following: “photos”, “images”, “digital files”, “webshare files”.

Assumption of Risk: The client assumes full risk to any lost or damaged item brought to photo session.

Disputes: Any dispute regarding this agreement or any action to collect bounced checks, charge backs etc. are subject to the jurisdiction of the State of Colorado. Any costs to enforce this contract or collect money owed including attorney’s fees shall be the liability of the client.

Transfer and Assignment:

Client may not assign or transfer this agreement or any rights granted under it. This agreement binds Client and inures to the benefit of Photographer, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for additional Images, fees and expenses that could not be confirmed in writing because of insufficient time or other practical considerations. This agreement incorporates by reference the Copyright Act of 1976, as amended. It also incorporates by reference those provisions of Article 2 of the Uniform Commercial Code that do not conflict with any specific provisions of this agreement; to the extent that any provision of this agreement may be in direct, indirect, or partial conflict with any provision of the Uniform Commercial Code, the terms of this agreement shall prevail. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state. Photographer is an independent contractor and not an employee. If photographer is deemed under any law to be an employee of Client, and if the Images are therefore considered works made for hire under the U.S. Copyright Act, Client hereby transfers the copyright to all such Images to Photographer. Client agrees to execute any documents reasonably requested by Photographer to accomplish, expedite or implement such transfer.

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