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” and “Individual”). 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.
Servicerefers to a paid, booked photographic service that is specified in the Photographer’s invoice or order, booked online or through a representative.
Blockis an hour long photography Session.
Bookingrefers to an individual or multiple paid photography Session Blocks that consists of a specific date, specific time and a specific location.
Cancel Bookingrefers to a form on Photographer’s Booking Site that enables Client to request a cancellation of an existing Booking.
ChangeBooking refers to a form on Photographer’s Booking Site that enables Client to request changes to existing Bookings.
Enhancementsare photographic features that Client selects at the time of Booking.
Groupconsists of two or more Individuals. Individuals in a group are photographed on the same date, time and location specified in a Booking.
Individualis a single person who is photographed independently or as part of a Group.
Sessionrefers to a booked time in which an Individual is being photographed by Photographer.
Booking Siterefers to the website carrying the name “Headshot In A Flash”, located at https://headshotinaflash.com or https://khangp.com/booking, where Bookings are made.
Shooting Locationrefers to the location of the Session booked on the Booking Site.
Confidential Informationis 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.
- Booking a Session
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.
- Booking Confirmation
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.
- Booking Enhancements
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 Location 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.
- Booking Change
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.
- Booking Cancellations
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 $100 cancellation fee will be assessed and deducted before the remaining balance is refunded.
- Booking Payment
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.
- Shooting Location
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.
- Booking Time
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 Individuals scheduled to be photographed or in the absence of said Individuals.
- Missed Session
Photographer acknowledges that things don’t always go as planned. If Individual misses a booked Session, whether an individual Session or as part of a group, Individual 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 Individual to determine the best time for the re-shoot. Client and Individual understand that Photographer may not be able to reschedule the Session for the same location and that the Individual agrees to travel to another location to complete the Session should the need arise. Client understands that Client has one free opportunity to make up a missed Session. If after a make up Session is booked and Client misses the make up Session, then Client forfeits the fee paid for the original Booking.
- Session Duration
A Session duration is a length of time given to an Individual’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 Individual, the duration will be an hour. If however, the Booking involves multiple Individuals, the duration will be calculated by dividing sixty minutes or an hour by the number of Individuals in the Session. This will determine the duration for each Individual’s Session. Client understands and acknowledges how Individual’s Session duration is determined and will be prepared to be photographed within Individual’s Session time limit.
- Location Space
Client attests that 225 square feet (15’ x 15’) of space will be available for the Photographer at the Shooting Location specified in the Booking. 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.
- Session Length
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 Client is satisfied with the end product before the Session time ends and no further shooting is required, Photographer may 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 Individuals may be accommodated if time permits. Please see New Individuals section.
- New Individual
Sessions sometimes end early or take longer than expected. In the event that all Individuals scheduled to be photographed have completed their Individual Sessions and time still remains before the Booking time expires, New Individuals, who happened to be on-location but were not scheduled to be photographed may be photographed. This can only happen if enough time is left for the New Individuals, a Booking is created and payment is made on-location. If sufficient time does not remain, New Individuals may simply go to the Booking Site to book a Session at another date/time.
- Group Sessions
Client agrees that every Individual being photographed as part of a Group will be present on Shooting Location at Booking time. Photographer will not be liable if Individuals miss their Individual Session or arrive late. If all Individuals complete their Sessions including approving their photos, and the time booked still remains, Photographer may, at Individuals’ choice, take additional shots.
Copyright and Deliverables
Upon conclusion of Session, Photographer will begin the post processing of photos captured during the Sessions. 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.
- Copyright & License
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.
- Failure to Perform
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.
- Model Release
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.