Terms and Conditions
These Terms and Conditions (hereinafter “Agreement”), are made and entered into by and between Khan Graphics & Photography (hereinafter “Photographer”), who owns and operates “Headshot In A Flash”, and you (hereinafter, “Client”). Client agrees that it has the legal authority to enter into this Agreement on behalf its employer, company, organization or a group. Photographer’s relationship with Client is that of an independent contractor.
All singular use of any word in this Agreement include the plural and vice versa.
Definitions
Block
is an hour long photography Session.
Booking
refers to an individual or multiple paid photography Session Blocks that consists of a specific date, specific time and a specific location.
Booking Site
refers to the website carrying the name “Headshot In A Flash”, located at https://headshotinaflash.com or https://khangp.com/booking, where Bookings are made.
Cancel Booking
refers to a form on Photographer’s Booking Site that enables Client to request a cancellation of an existing Booking.
Change Booking
refers to a form on Photographer’s Booking Site that enables Client to request changes to existing Bookings.
Client
refers to the person/company/organization making the Booking and those persons who make a Booking and are also a Subject being photographed.
Confidential Information
is any information that Photographer or Photographer’s representative come to know through verbal or written communication with the Client. It also includes private business information that is not public whether it is labeled “Confidential Information” or not.
Enhancements
are photographic features that Client selects at the time of Booking.
Group
consists of two or more Subjects. Subjects in a group are photographed on the same date, time and location specified in a Booking.
Service
refers to a paid, booked photographic service that is specified in the Photographer’s invoice or order, booked online or through a representative.
Session
refers to a booked time in which a Subject is being photographed by Photographer.
Shooting Location
refers to the location of the Session booked on the Booking Site.
Subject
is a single person who is photographed independently or as part of a Group.
Booking
Bookings are made through the Booking Site or through a representative. All Bookings are final and a Photographer will be present on the day and time of the booked Session unless a Change Booking request to change or cancel the booking was sent by Client and approved by Photographer.
A confirmed Booking of a Session is constituted only by a successful payment. An email confirmation in the absence of a payment does not constitute a confirmed Booking and Photographer is not liable for any missed Sessions.
Photographic Enhancements selected at the time of any Booking will be the only Enhancements used on the day of the booked Session unless a Change Booking request was sent through the Booking Site by Client and Approved by Photographer. Enhancements serve to illustrate how backgrounds, styles and colors will look. However, the Client understands that Enhancements selected may not render the same results as shown in the Enhancements selected. If Client chooses “My Place” as the choice of background, Client may inform Photographer about the choice but is not required to. Any “My Place” choice made by Client will be used as the background for the shoot so long as the Shooting Space meets Photographer’s requirement. Client agrees to have a “My Place” choice made before the booked Session begins. Photographer is not liable for not having enough time to complete a Session in the event the “My Place” choice is not made in time. If Client chooses “You Decide” as the choice of background, Photographer will choose a background for Client.
Client agrees that changes to existing Bookings must be made through the Change Booking Form found on Photographer’s Booking Site. Changes requested by other means will not be honored even if an approval was implied. Photographer will make every effort to remind Client of the proper procedure as and when it becomes necessary. Client agrees to submit a Change Booking request 24 hours prior to the booked Session. Photographer will make every effort to accommodate a request if a Change Booking request is sent within 24 hours of the booked Session. Client understands that submission of a Change Booking request does not guarantee that changes will be accommodate.
Client can request to cancel existing Booking(s) through the Cancel Booking form found on the Booking Site. To receive a full refund, Client agrees to submit a Cancel Booking request 24 hours prior to the booked Session time. If Client submits a Cancel Booking request within 24 hours, a 30% cancellation fee will be assessed and deducted before the remaining balance is refunded.
Client understands that Payments must be made at the time of Booking, either online or through a representative for a Booking to be confirmed. Photographer only accept credit/debit card payments at this time.
Sessions
Client agrees to provide accurate information about the location of the shooting and details thereof. This includes the right address and parking information. Photographer provides ample amount of space on the Booking Site to collect information about the location. Client agrees to submit the most accurate, clear, unambiguous information necessary for the Photographer to arrive timely and safely to the Shooting Location. Photographer will not be liable for arriving late or missing Session as a result of incorrect or missing information. Client agrees that Client has the authority to use the location specified in Booking for the shoot. Photographer will not be liable if a shoot is missed or delayed due to complications arising from unauthorized use of space.
Photographer agrees to arrive before the booked Session begins to prepare and set up the necessary equipment in a timely manner. Photographer agrees to be ready to shoot at the time the Session starts. Photographer will begin the Session on time and end the Session on time and in accordance with the Booking order. Photographer will start and end the Session on time, irrespective of delays by Subjects scheduled to be photographed or in the absence of said Subjects.
Photographer acknowledges that things don’t always go as planned. If Subject misses a booked Session, individual Session or otherwise, Subject should inform the Photographer as soon as possible using the Missed Session Form through the Contact Us section of the Booking Site. Photographer will try to make room in the Photographer’s schedule and coordinate with Subject to determine the best time for the re-shoot. Client and Subject understand that Photographer may not be able to reschedule the Session for the same location and that the Subject agrees to travel to another location to complete the Session should the need arise. Subject has one free opportunity to make up a missed Session. If after a make up Session is booked and Subject misses the make up Session, then Client forfeits the fee paid for the original Booking.
A Session duration is a length of time given to an individual Subject’s photography Session. The duration can vary based on the type of Booking Client makes. When Booking through the Booking Site, all Bookings are an hour long. If the Booking is for one Subject, the duration will be an hour. If however, the Booking involves multiple Subjects, the duration will be calculated by dividing sixty minutes or an hour by the number of Subjects in the Session. This will determine the duration for each Subject’s individual Session. Client understands and acknowledges how Subject’s Session duration is determined and all Subjects will be prepared to be photographed within their Session Duration on the day of the shoot.
Client attests that the shooting space within the Shooting Location specified in the booking will be at least 5 feet wide by 20 feet long. While Photographer may not utilize all of the square footage, not having the space may prevent Photographer from fulfilling its duties and achieving the results Client expects based on Enhancement selection. Photographer will not be liable if the Photographer cannot achieve the results Client expects due to shortage of space.
Photographer’s purpose is to provide the Services Client has paid for. Photographer will be available for the length of the Booking time in order to fulfill its duties. In the event Subject is satisfied with the end product before the Session time ends, Photographer will end the Session early. Should the goal of the Session be met before Session time expires, Client understands that the remaining time cannot be used for any other type of shoot. Other Subjects may be accommodated if time permits. Please see New Subject section.
Sessions sometimes end early or take longer than expected. In the event that all Subjects scheduled to be photographed have completed their individual Sessions and time still remains before the Booking time expires, new Subjects, who happened to be on-location but were not scheduled to be photographed may be photographed. This can only happen if a new Booking is made and paid for on-location and if sufficient time remains from the first Session or if Photographer can remain on-location to accommodate a second Session.
Client agrees that every Subject being photographed as part of a Group will be present on Shooting Location at Booking time. Photographer will not be liable if Subject misses its individual Session or arrives late and cannot be photographed.
Copyright and Deliverables
Upon conclusion of Session, Photographer will begin the post processing of photos captured during the Session. The photos may be available to download from a private gallery within the time specified on the invoice or order. Client may request to expedite the processing for an additional fee. Please see the FAQs on Booking Site.
Client agrees that Photographer has exclusive rights in determining post-production process, editing styles, effects, and overall look of the photos.
Client acknowledges that Photographer is the Author of the photos and also the first and sole owner of all copyrights of the photos. The photos and all copyrights remain the exclusive property of Photographer without limitation. Client understands and agrees that it is not buying the photos but is paying only for a limited commercial use licence (Standard License) for the photos. The Standard License gives Client the right to use the photos in the normal course of Client’s business, including, but not limited to, advertising, marketing, or other promotions, or on Client’s website, blog, or social media platforms. Client understands that the photos are meant for print, online marketing, advertising materials or campaigns. The photos may not be altered, edited, or manipulated in any way. The photos may not be sold, leased, loaned, assigned, given away, or used by anyone other than Client. Copyright metadata contained within the photos may not be altered, or removed, without the express consent of Photographer.
Miscellaneous
If Photographer cannot perform its duties as specified in this Agreement in whole or in part due to fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to Photographer’s illness or injury, then Photographer will return all fees to Client but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost due to hard drive failure before a second backup has been made, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer. The Client agrees to limit Photographer’s liability to the amount paid for the Service.
Client will indemnify, defend, and hold harmless, Photographer, its contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image.
Client grants Photographer, without restriction, use, reuse, publish and republish the photos captured during the fulfillment of this Agreement, in whole or in part, separately or in conjunction with other work, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade. Client forfeits all claims to profits that arise from such uses. Photographer agrees that photos will not be sold, leased, loaned, assigned, given away, or used by anyone other than the Photographer.
Photographer agrees to not disclose Client’s Confidential Information obtained from written and verbal communication or obtained at Shooting Location to anyone, unless required to do so by law.
Client agrees that Photographer, its contractors, will be the only photographers providing commissioned photography Services on the date, time and location specified in the order and invoice.
Client understands that Gift Certificates may not be redeemed for cash and their total value must be redeemed at once. Photographer will not be liable if the Gift Certificate is lost or stolen.
