Studio Policies & Terms
1. The session fee pays for the time and talent of the photographer; as well as any digital images included within the particular package you book. It does not include any finished portrait prints or products. The retainer is due within 48 hours of booking your session and the remainder of the session fee is due at the time of your session. Sneak peeks on social media or galleries will not be released until payment is received in full. The retainer paid on the day of booking your session will be applied to the total session fee. These are non-refundable. However, your session can be rescheduled in case of an emergency, and your retainer will be transfered for you.
2. If you have a sick child on the day of the session please call to reschedule. If you try to keep the appointment, Emily Bartelt (Emily Kay Photography) will most likely request that you reschedule, at no extra charge, if we notice your child is sick. Sick or uncomfortable children do not like to be photographed and we know that you will not love your portraits nearly as much as if he or she was feeling their best. Do note that Emily cannot guarantee the number of images captured due to children behavior and temperament that is beyond Emily’s control.
3. Please bring only the subjects to be photographed to the session. This is especially important with pets and kids, and Emily will need their full attention on her rather then looking at other members of the family. Of course parents are always welcome, and if it’s a child session where 1 parent cannot attend a “helper” is definitely welcome to come with to the session.
4. You agree to hold harmless, Emily Bartelt, her representatives, and Emily Kay Photography, from any dispute in the event you become injured during your session or while on the studio premises. Emily Kay Photography and its representatives will not be held liable for any injury incurred by you or your family, or any damage to your property during the photo session or while on studio premises.
5. You will view your portraits via an online gallery where they will forever remain with a personalized gallery link for you and your family. If you decide to purchase prints or products I ask that you do this within the first 30 days after your gallery is released to you.
6. While Emily does capture many images during your session, you will only see those images selected by her, the artist, for previewing. She carefully renders each image to ensure maximum artistry and technical perfection. Images with eyes closed, head turned, duplicates, etc. will not be shown and are removed from my archives permanently after the artist rendering is complete.
7. Due to the custom nature of the work, your order is subjected to a 50% cancellation fee should you change your mind about an order after it is placed. Once an order is sent to the lab, it is deemed non-refundable. Payments may be made by paypal, cash, and credit/debit card. Payment plans are available and depending on your order there is a down payment requirement. Payment plans are also limited to a 3 month time period and images will not be released until payment plan is complete.
8. Design work and custom graphics will be approved for color and layout in-person on our professionally color calibrated monitors at the ordering appointment. Only font style, spelling, and wording may be approved through electronically emailed proof. Requests for reprints due to color shift on emailed proofs will not be honored. This includes any kind of card, graduation, christmas, birthday etc, as well as any albums that are custom designed. If you decide against an in-person proofing of these products, you are giving Emily Bartelt permission to place the order, and no returns, exchanges, or cancelations will be honored.
9. Please allow 6 weeks after your session for your gallery to be completed. If you order prints or products some orders may take longer. Your portraits are an investment and an heirloom that should not be rushed. You will be notified by telephone or e-mail when your gallery is complete and ready for viewing as well as any products you purchase beyond your session. If you are unable to pick up your order, we can ship your order for an additional charge.
10. All images are kept in your passgallery link for as long as Emily Kay Photography remains in business at no charge. After 2 years Emily Bartelt (Emily Kay Photography) will remove the images from her harddrives and they will then only be stored on your passgallery provided. Emily Bartelt (Emily Kay Photography) can re-send a link at anytime, however due to unforeseen things, server crashes etc. Emily Bartelt (Emily Kay Photography) will not be responsible for lost images and will not refund any sessions due to that. So please be sure to download and backup your images/galleries on your own personal harddrives as well.
11. The Copyright Act protects photographers by giving us the exclusive rights to reproduce our images. Violations include, but are not limited to, making illegal copies, scanning, printing from home, downloading from our website/social media sites, or screenshots from your galleries. It is illegal to copy or reproduce these photographs in any manner without our permission and violators of this Federal Law will be subjected to its civil and criminal penalties. Please understand, the photographer wishes to maintain complete control over the print quality, finishes and presentation of the images and any reproduction outside of the studio may lower the quality of the image and scar our reputation for providing superior portraits. If you are purchasing printing rights Mpix.com is where we ask you to print your photos.
12. By filling out my contact form or pre-consultation questionnaire you give me permission to contact you. I respect your right to privacy and will not share this information with anyone.
13. Prices are subject to change without notice, however once you book your session you will be locked into those prices for that session. Once that session is completed and closed, any sessions beyond that will be subject to prices at that session booking time.
14. Your session starts at the agreed upon time. I strongly encourage that clients arrive 10 miniutes prior to the start of the session. This allows for last-minute feeding, changing, and relaxing before the session begins. The session time starts regardless of arrival time.
15. In consideration of my engagement as a model, upon the terms herewith stated, I hereby give to Emily Kay Bartelt (Emily Kay Photography) her heirs, legal representatives and assigns; those for whom the photographer is acting, and those acting with her authority and permisson:
a. the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of me in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reporduction hereof in color or otherwise, made through andy and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.
b. I also permet the use of any printed material in connection therewith.
c. I hereby relinguish any right that I may have to examine or approve the completed product or products or the advertising copy or printed materal that may be used in conjunction therewith or the use to which it may be applied.
d) I hereby release, discharge and agree to save harmless Emily Bartelt (Emily Kay Photography), her heirs, legal representatives or assigns, and all persons functioning under his/her permission or authority, or those for whom she is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
16. Any sessions requiring a payment plan understand that in order to receive any images from the session, including previews, the payment plan contract must be signed and payment plan must be complete. Emily Bartelt (Emily Kay Photography) will not release any images before the last payment is made.
a. Payments are to be made for no less than the amount specified by me on the day specified by me or I will incur a $15 per day late fee. If a payment is missed, it will be added onto the final payment with a $15 missed payment fee. Emily Kay Bartelt (Emily Kay Photography) allows 1 missed payment without any added fee.
b. Checks are to be sent 1 week in advance and will be held by Emily Kay Bartelt (Emily Kay Photography) until the date specified in the payment contract. Late payments due to "Check lost in the mail" will still incur a $15 per day late fee.
c. If Emily Kay Bartelt (Emily Kay Photography) incurs any fees due to any non-sufficient funds, returned payment, or no payment I will be responible for those fees.
17. Remaining session fees that go unpaid 3 DAYS AFTER the date of the session will incur a $15 per day late fee unless previously discussed with Emily Kay Bartelt (Emily Kay Photography).
18. I hereby affirm that I am over the age of majority and have the right to contract in my own name. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.
19. I agree to read and go over all pricing information Emily Bartelt (Emily Kay Photography) provides for me. Session fee refunds will not be provided for non-ordered sessions, and Emily Bartelt (Emily Kay Photography) will permantently remove any and all images from her hard drives.