Full Terms of Service & Client Agreement
SARAH KANE PHOTOGRAPHY LLC
FULL TERMS OF SERVICE & CLIENT AGREEMENT
Thank you for choosing Sarah Kane Photography LLC ("Sarah Kane Photography," "we," "us," or "our"). These Terms of Service constitute a legally binding agreement between Sarah Kane Photography LLC and the client ("you" or "client"). By booking a session and submitting payment, you acknowledge that you have read, understood, and agree to be bound by these terms in their entirety.
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1. BOOKING & PAYMENT
1.1 Session Retainer Fee
A non-refundable session retainer fee is required to reserve your session date and time. This retainer secures your appointment on our calendar and is applied toward your total session cost.
1.2 Non-Refundable Policy
All retainer fees and session payments are non-refundable and non-transferable under any circumstances, including but not limited to:
Client cancellation for any reason
Client no-show or failure to attend
Personal emergencies
Change of mind
1.3 Payment Terms
Full payment for all products and services must be received before final edited images are released for download.
2. CANCELLATIONS & RESCHEDULING
2.1 Client-Initiated Cancellations
If you cancel your session for any reason, your retainer fee will be forfeited and no refund will be issued. To book a new session, a new retainer fee will be required.
2.2 Client-Initiated Rescheduling
Rescheduling requests are subject to Sarah Kane Photography's availability. One complimentary reschedule may be permitted if requested at least 72 hours in advance of your scheduled session. Rescheduling with less than 72 hours' notice, or rescheduling more than once, will require payment of a $75 rescheduling fee.
2.3 Photographer-Initiated Cancellations
In the rare event that Sarah Kane Photography must cancel or reschedule due to illness, emergency, equipment failure, or other unforeseen circumstances beyond our control, we will make every reasonable effort to reschedule your session at no additional cost. If rescheduling is not possible, a full refund of any fees paid will be issued. Sarah Kane Photography's liability is limited to the refund of fees paid and we are not responsible for any consequential damages.
2.4 Weather & Force Majeure
Sarah Kane Photography reserves the right to cancel or reschedule sessions due to severe weather, natural disasters, or other events beyond our control. In such cases, we will work with you to reschedule at no additional charge. If the client chooses to cancel rather than reschedule, the retainer fee will be forfeited.
3. PUNCTUALITY & SESSION TIME
3.1 Arrival Time Requirements
Clients must arrive on time for their scheduled session. Extended time will not be provided for late arrivals.
3.2 Late Arrival Notification Requirement
If you are running late, you MUST notify Sarah Kane Photography with an estimated time of arrival (ETA) as soon as possible.
3.3 Full Session (90 Minutes)
Clients arriving more than 30 minutes late WITHOUT prior notification will be considered a no-show and the session will be canceled with no refund.
Clients who notify us of their late arrival will have a shortened session based on remaining available time.
To reschedule after a no-show, a $75 cancellation fee plus a new session retainer fee is required.
3.4 Mini Session (30 Minutes)
Clients arriving more than 15 minutes late WITHOUT prior notification will be considered a no-show and the session will be canceled with no refund.
Clients who notify us of their late arrival will have a shortened session based on remaining available time.
To reschedule after a no-show, a $75 cancellation fee plus a new session retainer fee is required.
3.5 Impact of Late Arrival on Deliverables
Late arrivals will result in a shortened session, which may significantly limit the number and variety of images captured and delivered. Sarah Kane Photography is NOT required to deliver the contracted number of images if the client arrives late. We will make every reasonable effort to deliver as many high-quality images as possible within the available time. Clients will NOT be reimbursed for fewer images delivered due to late arrival.
3.6 Session Extensions
Clients may request to extend their session time for an additional fee, subject to Sarah Kane Photography's availability on the day of the session.
4. STUDIO FACILITY DISCLAIMER
4.1 Climate Control
The cottage studio is not insulated and does not have central heating or air conditioning. It can become hot during summer months and cold during winter months. Portable fans are provided for warm weather and radiator heaters for cold weather. Please dress appropriately for the season and current weather conditions.
4.2 Suitability for Young Children
The cottage studio features delicate decorations. The environment may be overstimulating or unsuitable for very young, active, or particularly inquisitive children. Parents and guardians are responsible for supervising children at all times and are liable for any damage caused by children in their care.
5. IMAGE DELIVERY & SELECTION
5.1 Proofing Gallery Timeline
A private online proofing gallery of unedited images will be delivered in a approximately 7 business days of your session date. Actual delivery time may vary based on current workload and season.
5.2 Image Selection Deadline
Clients must select their final images from the proofing gallery within 30 days of gallery expiration to allow for editing time and delivery. Failure to make selections within this time frame may result in the photographer selecting images on the client's behalf or the client will need to extend their proofing gallery for an additional fee.
5.3 Final Edited Image Delivery
Final edited images will be delivered in approximately 7 business days after we are notified of image selection and all invoices have been paid in full. Delivery times may be extended during peak seasons (typically fall and holiday sessions).
5.4 Rush Options
1 and 3 business day rush options are available for an additional fee.
5.5 Proofing Gallery Access & Unedited Images
The proofing gallery contains unedited, preview images for selection purposes only.
Unedited proofs are NOT available for download, purchase, or release under any circumstances.
Only final, professionally edited images that have been selected and purchased will be made available for download.
This policy exists to ensure you receive only the highest quality images that represent our brand and artistic standards.
Requests for unedited images will be declined without exception.
5.6 File Delivery Format
Final images will be delivered as high-resolution digital files via an online gallery or cloud delivery service. File format will typically be JPEG optimized for both print and digital use.
6. IMAGE GUARANTEE & CREATIVE CONTROL
6.1 No Specific Pose Guarantee
Due to the organic and candid nature of photography, especially when working with young children, specific poses, expressions, or exact image recreations cannot be guaranteed. Sarah Kane Photography will use professional skill and experience to capture beautiful, authentic moments within the natural flow of each session.
6.2 Final Image Selection
The photographer reserves the right to determine which images from your session are included in the proofing gallery and made available for selection. This ensures only technically sound and artistically representative images are presented.
7. EDITING & RETOUCHING
7.1 Standard Editing Included
All purchased images receive standard professional editing at no additional charge, including:
Color correction and exposure adjustments
Contrast and brightness optimization
Skin smoothing and minor blemish removal
Teeth whitening
Minor hair flyaway cleanup (at photographer's discretion)
Minor background object removal (at photographer's discretion)
7.2 Additional Retouching Fees
Extensive retouching beyond standard editing may be requested for an additional fee starting at $50 per hour. The photographer will provide a quote based on the scope of work requested.
7.3 Editing Exclusions
The following are NOT included in standard editing and will require additional fees if correction is requested:
Wrinkled, stained, or soiled clothing
Clothing malfunctions or wardrobe issues (excluding items from Sarah Kane Photography's studio wardrobe)
Dirty shoes, hands, or faces
Pen/marker marks on skin or clothing
Tattoo removal or modification
Makeup corrections or application
Bandage, Band-Aid, or sticker removal
Significant background alterations
8. CLIENT RESPONSIBILITIES & FILE MANAGEMENT
8.1 Backup & Storage Responsibility
Once digital images are delivered and downloaded, clients assume full responsibility for safely storing and backing up all image files. We strongly recommend:
Downloading all images immediately upon delivery
Storing files in multiple locations (external hard drive, cloud storage, etc.)
Refreshing backups every 6 months to prevent file corruption
Keeping at least one backup in a separate physical location
8.2 No Replacement Obligation
Sarah Kane Photography maintains session files for a period of 90 days after your online gallery expires. After this period, files may be permanently deleted. We are NOT responsible for replacing lost, deleted, corrupted, or damaged images after delivery, and we are NOT obligated to maintain your files beyond the 90 day period after gallery expiration.
8.3 Print & Product Responsibility
The photographer is not responsible for print quality, color accuracy, or product defects from third-party printing services chosen by the client. We recommend using the professional printing lab through your viewing gallery.
9. COPYRIGHT & USAGE RIGHTS
9.1 Copyright Ownership
All photographs created by Sarah Kane Photography remain the exclusive copyrighted property of Sarah Kane Photography LLC. Copyright is never transferred to the client.
9.2 Photographer's Usage Rights
Sarah Kane Photography reserves the unlimited right to use any and all images from your session for business purposes, including but not limited to:
Portfolio display
Social media marketing and promotion
Website galleries and advertising
Print and digital marketing materials
Promotional displays and exhibitions
Submission to photography publications and contests
Educational and instructional purposes
9.3 Client Usage Rights
Clients receive a limited personal usage license for purchased images, which includes the right to:
Print images for personal use
Share on personal social media accounts (with photographer credit appreciated but not required)
Display in your home or office
Share digitally with family and friends
Clients may NOT:
Use images for commercial purposes without written permission
Sell, redistribute, or license images to third parties
Remove photographer watermarks or metadata
Alter images beyond basic cropping and color adjustment without permission
Submit images to contests or publications without photographer approval
9.4 Privacy Option
If you wish to keep your images private and prohibit their use for marketing or promotional purposes, you must type "KEEP IMAGES PRIVATE" in the photo release section of your booking agreement before your session.
10.1 Assumption of Risk
By booking a session, clients acknowledge and assume all risks associated with participation in the photography session, including but not limited to risks of personal injury, illness, property damage, or loss occurring at the session location.
10.2 Release of Liability
To the fullest extent permitted by law, clients agree to release, waive, discharge, and hold harmless Sarah Kane Photography LLC, its owner, employees, contractors, and affiliates from any and all claims, demands, liabilities, damages, or causes of action arising from or related to:
Personal injury or illness occurring during or after the session
Property damage or loss during the session
Allergic reactions or adverse effects from products used during the session
Injuries resulting from use of props, furniture, or equipment
Accidents or injuries involving children
Transmission of illness or disease
Any other circumstances occurring during or as a result of the photography session
10.3 Client Indemnification
Client agrees to indemnify, defend, and hold harmless Sarah Kane Photography LLC from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:
Client's breach of these Terms of Service
Damage to studio property or equipment caused by client or client's guests
Injury to third parties caused by client or client's guests
Client's unauthorized use of images in violation of copyright
10.4 Supervision of Minors
Parents and legal guardians are solely responsible for supervising minor children during the entire session. Sarah Kane Photography is not responsible for injuries to children resulting from inadequate supervision.
10.5 Health & Safety
Clients must disclose any known allergies, medical conditions, mobility limitations, or other health concerns that may affect session safety prior to the session date. Failure to disclose such information releases Sarah Kane Photography from related liability.
11. LIMITATION OF LIABILITY
11.1 Maximum Liability
In no event shall Sarah Kane Photography LLC's total liability to the client exceed the total amount paid by the client for the specific session in question.
11.2 Consequential Damages Waiver
Sarah Kane Photography is not liable for any indirect, incidental, consequential, or punitive damages, including but not limited to lost profits, lost opportunities, emotional distress, or loss of use.
11.3 Equipment Failure or Loss
While we maintain professional backup equipment and take extensive precautions, Sarah Kane Photography is not liable for loss of images due to equipment failure, media corruption, theft, or other causes beyond our reasonable control. In such unlikely events, our liability is limited to a refund of fees paid for that specific session.
12. DISPUTES & LEGAL PROVISIONS
12.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [INSERT YOUR STATE], without regard to its conflicts of law principles.
12.2 Venue & Jurisdiction
Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in [INSERT YOUR COUNTY], [INSERT YOUR STATE], and the parties consent to the personal jurisdiction of such courts.
12.3 Dispute Resolution
In the event of any dispute, the parties agree to first attempt resolution through good-faith negotiation. If negotiation fails, the parties agree to mediation before pursuing litigation. Each party shall bear their own costs for mediation.
12.4 Attorney's Fees
In any legal proceeding to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs.
12.5 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
12.6 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements. This Agreement may only be modified in writing signed by both parties.
12.7 Waiver
The failure of Sarah Kane Photography to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
13. MODEL RELEASE
By booking a session and unless you have explicitly requested privacy by typing "KEEP IMAGES PRIVATE" in the designated section of your booking agreement, you grant Sarah Kane Photography LLC irrevocable permission to use photographs of you and any minors in your care for any and all promotional and marketing purposes as described in Section 9.2 of this Agreement.
You represent that you have full authority to grant this permission for all individuals photographed, including minors, and that you have obtained necessary consent from any other legal guardians.
14. ACCEPTANCE OF TERMS
By submitting payment for a session with Sarah Kane Photography LLC, you acknowledge that:
You have read and understood all terms and conditions in this Agreement
You agree to be legally bound by these terms
You have had the opportunity to ask questions and seek legal counsel if desired
You understand that these terms are enforceable and non-negotiable
You accept all risks and responsibilities outlined herein
For questions about these Terms of Service, please contact:
Sarah Kane Photography LLC
hello@sarahkanephotography.com
(804) 221-0540
Last Updated: 2/4/2026