PORTFOLIO Terms & Conditions

GENERAL

These terms will apply to all services provided by Smiley Kids Photo, LLC ("Smiley Kids", “Smiley Kids Photo”, "I", "Us" or "We") to you, the Client, ("you"). We will not accept any variation to these terms and conditions unless specifically agreed upon in writing by Smiley Kids. By making a booking you acknowledge that you have read, understand, and agree to these terms and conditions in full without reservation.

Experience fees include pre-session email consultation (optional), photographer's time and talent for your session planning, preparation, shooting, custom professional processing of images, and any other use of the photographers time not specifically outlined below.

Experience fees DO NOT include prints, digital images, or galleries.

Within your package you will be given a credit toward the specific supplemental service of digital images based on the count designated within the package. This credit is valued at, and not to exceed, $1 per image. This value does not extend to additional images beyond the count explicitly stated in the original package details.

A deposit in the amount of 50% of your package is required to reserve your session.

Upon execution of this Agreement, a non-refundable deposit, equal to 50% of the experience fee will be held in deposit; the agreed upon experience fee is equal to the price of the chosen session. By paying the fee, Client acknowledges acceptance of these terms. The remainder of experience fee (50%) is due the day of the session. Once the session has occurred, this amount is non-refundable. The photographer reserves the right to issue a refund under extenuating circumstances, not to be compelled by the Client in any manner under any circumstances. Client agrees to pay and/or reimburse Smiley Kids for any and all legal fees, work days lost ($1,850/day), damaged equipment (up to $16,000) and/or preparation time ($231/hr) incurred in an attempt by the Smiley Kids Photos to reclaim fees from the Client, including chargebacks.

The deposit is non-refundable, except in the instance of a photographer cancellation in which the photographer does not reschedule. The photographer reserves the right to issue a refund under extenuating circumstances, not to be compelled by the Client. In the event that Client cancels the session or fails to attend the session on the Session Date, for any reason, Photographer shall suffer losses that are difficult to ascertain. As such, Client agrees that, in the event of cancellation by Client, such experience fees shall be forfeited by Client and paid to Photographer as liquidated damages and not as a penalty. Client and Photographer agree that such an amount is reasonable.

Once booked, experience fees are non refundable. Package deposits are able to be rolled over to another date (not to exceed 2 times) if the Client notifies smiley kids in writing 7 days prior to the 12:01am the date of the shoot. In the case where a Client reschedules their reserved spot within 7 days of their scheduled session, the deposit will be forfeited. The retained deposit will be used to pay the artist, assistant, studio, and/or equipment time/rentals which pre-booked and cannot be rescheduled within short notice.

Styling fees will not be refunded if notified within 7 days of 12:01am the day of the shoot. Clothing is rented/borrowed for a fee and cannot be held for extended periods.

LIMITED LIABILITY

The Client understands that they are hiring the photographer based on their specific highly-stylized approach and has seen portfolio examples prior to booking with the photographer. Any failure by The Photographer to deliver any specific photograph shall not be a breach of this agreement, shall not result in a refund to the client of any money paid to The Photographer, and The Photographer shall not provide any other remedy to The Client.

You acknowledge that you are familiar with our style, and that our work is continually evolving and is of a unique and artistic nature, that the photos taken may be different from those taken in the past and that the Smiley Kida team will use their expertise and artistic judgement to create images consistent with their vision of the children’s modeling portfolio.

The Photographer takes the utmost care and respect when creating said photographs. This includes but is not limited to the exposure, processing, post-production, retouching, lighting, and delivery of all photographs. In the event that The Photographer fails to fulfill their obligations under the agreement, The Photographer shall not be liable for any amount of funds past the amount paid in this contract. The initial session fee paid by The Client will represent the full amount of damages due to The Client. This limitation of liability shall also apply in the event that the digital negatives are damaged, lost through mail or transit, or damaged through camera malfunction, or by any other means arising under or related to this agreement.

(updated 2024/02/01)