Terms of Sale and Service

Thank you for choosing KP Imagine. By booking a photo session and/or placing an order on my website, you accept the terms set forth below. Please read through them thoroughly. These items may be updated at any time; please check back for updates. For the purposes of this document and for simplicity, KP Imagine may be referred to as “I/Me”, and The Client may be referred to as “You/Your.” 

Terms of Service

Booking and Cancellations. To reserve your desired appointment date, a retainer is required. The retainer will be applied to your session cost, and is non-refundable upon cancellation. However, a one-time reschedule will be permitted without any penalty as long as you cancel your appointment with 48 hours notice. In the unlikely case that I am unable to accommodate your request to reschedule, either due to limited availability, illness, acts of God, extreme weather, etc., you will not be held responsible for the remaining balance of photo shoot, but will forfeit your initial retainer as a cancellation.

I reserve the right to cancel and/or reschedule without liability due to circumstances out of my control, including, but not limited to, illness, acts of God, extreme weather, etc., in which case I will make every effort to reschedule to a time that is suitable for your schedule. In the unlikely case I am unable to do so, I will refund your retainer in full. I will not be financially obligated to provide any compensation beyond the monetary value of any fees you have paid.

On your appointment date, you agree to arrive on time. If you expect to be late to your session, please contact me. Late arrivals will cut into your session time. Twenty minutes late without contact will be considered a no-show, and your retainer will be forfeited.

Weather-related cancellations (high winds, excessive heat, heavy rainfall) will be determined the day of your session within 3 hours of your scheduled time and your session will be rescheduled. Cloudy, overcast skies are not cause for cancellation. If it is raining, do not assume your session is cancelled without confirmation. If it should start raining mid-session, we can choose to sit it out or reschedule a different time to complete your session at no additional cost to you.

Rejections and Reshoots. By accepting the terms of this agreement, you acknowledge that you’ve selected KP Imagine based on style and/or composition, and therefore forfeit your right to reject images on the basis of artistic differences, style or composition. In the event that images are unacceptable due to technical issues, I will make every attempt to reschedule and reshoot your session according to the terms of this agreement. If we cannot come to an agreement for a rescheduled date, you agree that I hold no liability beyond the value of payments previously made by you. 

Session Payment. In order to reserve a session date a time a retainer must be received by KP Imagine. The retainer is applicable to the final invoice but is forfeited if the session is canceled by client. One half of the remaining session balance (full amount minus the retainer) is due on or before the day of shooting, and the remaining balance is due on or before the time at which images are delivered and prior to prints being ordered. Client shall strictly adhere to all payment deadlines as negotiated in this agreement. Various methods of payment are available for your convenience.

 Copyrights

All images taken by KP Imagine, and materials appearing on www.kpimagine.com, KP Imagine social media pages, and any affiliate pages are the sole property of KP Imagine and I retain all intellectual property rights, including copyrights contained therein in accordance with United States Copyright Laws. Materials protected by this copyright include any and all images and text (including logos and other graphics) and any and all design elements. Unauthorized use of the materials appearing on kpimagine.com may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Such unauthorized use includes, but is not limited to, copying, reproducing, republishing, modifying, uploading, transmitting, screenshotting, or distributing of any such materials without the prior written consent of KP Imagine. You will receive limited rights for printing, downloading, sharing, etc., for all purchased materials according to our agreement; all other unauthorized use is a direct violation of US copyright laws.

I further retain the irrevocable, perpetual and unrestricted rights and permissions to use, reuse, publish, and republish photographic portraits or pictures, composited or edited without restriction, or reproductions thereof for distribution either in print or online for illustration, promotion, art, editorial, advertising, trade, or any other purpose for business promotion.

Digital files may contain copyright and other information embedded in the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes a violation of the Federal Copyright Act. You hereby waive any rights to intellectual property ownership, monetization, or reproduction of the images and created by me, with exception of the terms of any formal written releases provided to you by me.

 Terms of Sale

By placing an order at KPImagine.com, you agree to the terms and conditions of the sale as indicated on this document, you agree to the total dollar amount of the sale, and you authorize KP Imagine to collect payment via the payment method you specified. KP Imagine reserves the right to make changes to its site and these terms and conditions and sales policy at any time. All Terms of Sale listed here are applicable to the purchase of any images, prints, canvases, and/or other products and services available through KP Imagine’s online store.

Order Acceptance Policy. Your submission of an order and/or receipt of an order confirmation automated or otherwise does not signify my acceptance of such order. I reserve the right to cancel any order that I deem necessary, at my sole discretion, regardless of the order status or whether you have received a confirmation of the order.

Pricing & Payment Terms. Purchasing of media, products, and/or services through KP Imagine’s online store requires that you provide valid payment Information as required by the online store and/or booking calendar software. I reserve the right to terminate a customer’s order for any and all purchases in the event I am unable to process the provided payment information and an alternate payment method is not provided. You are responsible for any taxes that you are obligated to pay, or that I am required to collect related to any purchase. I reserve the right to collect the taxes and/or related fees at any time during the purchasing process. In certain jurisdictions, I may be required to collect and subsequently remit sales tax relating to any product purchase. These taxes shall be then added directly to the purchase price of the product and will be included on the respective invoice and/or receipt.

Shipping Terms and Policies. If any physical products are purchased, KP Imagine will use all commercially reasonable efforts in conjunction with third party vendors to ship all orders for such purchases within the estimated delivery time applicable and chosen by you presented at order checkout. You will not hold KP Imagine responsible for any delays in shipping. KP Imagine and its utilized vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. You accept all financial responsibility for shipping charges, which will be included, shown, and available for view during the order process, except in specific instances when shipping fees are waived for special purchases or sales. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, KP Imagine will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.

Return Policy. All prints and other products purchased are non-refundable and non-exchangeable. If the prints or products you received are physically defective, you are responsible for contacting the me within ten (10) days of your receipt of the products, and I will order a replacement. 

Personal Use of Online Gallery. I grant you a non-exclusive, non-transferable, limited right to access, view, use, and display images from your online personal client gallery for your personal, noncommercial use only. You may not print, copy, modify, reproduce, create derivative works from, distribute, transmit, license, or sell any content or any portion of KPImagine.com or your online gallery without the prior express written consent of KP Imagine.

Photo Downloads. In the case of purchases of digital downloads, files will be made available through KPImagine.com upon receipt of valid payment information. Downloads are only available once, and it is your responsibility to save the file following download. Refunds cannot be available for digital download purchases.

Digital Image Licensing.  Digital products are available for purchase through the online store and/or client galleries. I permit the buyer a non-transferable perpetual license to download and save the agreed upon digital file(s), which are subject to the following restrictions:

• The license is solely to be used for personal, non-commercial work. Title, ownership, copyright, and all rights, both current and in the future, of the media/product will belong exclusively to KP Imagine.
• You may display images on personal websites and computers and share images on social media sites.
• You may make unlimited prints for personal use.
• You may not resell, relicense, sub-license, or otherwise redistribute media/ without expressed written permission directly from KP Imagine.
• You may not use the media in any fashion that requests and/or charges others money or fees, and may not under any circumstances receive any financial compensation, payment, or remuneration for the usage of any image purchased from KP Imagine in advertising.
• You may not utilize the media/product in a pornographic, explicit, illegal, immoral, slanderous, defamatory manner, and shall not associate with such content in any form.
• You shall not incorporate the Media, Product(s), or KP Imagine brand or logo into any trademarks, logos, or service marks.
•  You shall not make any purchased media/product available for download.
• A commercial license may be available upon request, and will require an additional contractual agreement between KP Imagine and you. Please contact kpimagine@wowway.com for more information.

 Limits of Liability

For Goods and Services. If I am unable to provide you with the agreed upon goods and services for any reason, I agree to refund any fees paid by you, and shall have no further liability beyond the value of those fees. This limitation of liability also applies to any loss or damage to photographs or other materials after our session is complete. The sole remedy for any actions or claims resulting from my inability to deliver the goods and services listed in this contract shall be limited to a refund of monies paid.

Limitations of Liability and Damages. You agree to hold harmless KP Imagine, its employees, agents, heirs, officers and associated parties from any responsibility of personal injury or damage due, in full or part, to any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of participating in this activity, including but not limited to, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, or from dangerous or defective equipment or property owned, maintained, controlled, or relating in any way to the location chosen for your session.

 Product Descriptions, Pricing & Errors. I will endeavor to present current and accurate information in the product options offered through KPImagine.com and KP Imagine online client galleries. However, I do not warrant that the product description, photos and pricing are accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and charge the correct price or cancel your order.

Further, all size dimensions are approximate; I make reasonable efforts to accurate display all details of the product offerings, including the applicable color, and the applicable crop (in the case that the product needs cropping to fit the selected sizes), however, please note that the actual color or crop you will see might be different. KP Imagine and third-party print vendors reserve the right to format, manipulate, or modify any image, as required, to satisfy each respective order, including but not limited to, cropping to fit a specific aspect ratio.

You acknowledge that variation in applicable color and/or brightness can vary depending on type of device used to view the online store, and KP Imagine cannot guarantee that your computer will accurately display all media and/or product colors and brightness.

KP Imagine and its vendors may revise or discontinue available media/products at any time without prior notice. It is possible that these media/products may become unavailable even after an order is placed, in which case KP Imagine will issue a full refund or replacement depending on your request. All prices are subject to change without notice.

Storage. I strive to keep backups of all data, both on external hard drives and online via cloud services and online galleries will be made available for one year from date of delivery at no charge. However, I have no obligation to retain or archive any of the images after they have been delivered. Images that the Client has not paid for, has not selected, and/or has not been shown, will be deleted. KP Imagine is not responsible for any lost data due to technology failures, server failures, internet outages, etc.

Content. Content produced by KP Imagine is presented in an online gallery, and is hosted on third party servers for a period of one year. KP Imagine is not responsible for any third party server errors, internet outages, technology failures, etc. in relation to access to KPImagine.com or client galleries on KPImagine.com.

Return Policy. Unless otherwise noted, because of the custom nature, products sold by KP Imagine and on kpimagine.com are non-refundable. Replacement items for damage in shipping or misidentified images will be honored within a 10 day return for replacement period, unless otherwise noted. All returns for replacement must follow the conditions below: 

• All products must be returned complete.
• KP Imagine will not accept items that have been intentionally physically damaged or abused.
• All returns must be shipped freight prepaid.
• All related fees (shipping & return shipping fees) are NON-REFUNDABLE for all products in all cases.
• Please allow 2-3 weeks for all replacement orders.
• Claim for missing products must be reported within 10 days from the date item is shipped. 

Unauthorized Returns. Shipments that are refused without authorization are subject to a fee of 15% plus applicable shipping and handling fees.

Warranties. All KP Imagine products and services, including photo sessions, prints and online gallery services, are provided without any warranties, whether express, implied, or statutory. I make no representations or warranties, either express or implied, of any kind with respect to products sold on this site. You agree that the sole and exclusive maximum liability to KP Imagine arising from any product sold on this website shall be the price of the product ordered. 

Paid Service: Prices/Cancellation. The rate for any paid service shall be set forth on the KP Imagine website and is subject to change at any time. All rates are stated in U.S. dollars and are valid until altered by me. In the event that a paid service on KP Imagine is mistakenly listed at an incorrect rate, I reserve the right to refuse or cancel any orders placed for the paid service listed at the incorrect rate. If your credit card has already been charged for the purchase and your order is cancelled, I shall issue a credit to your credit card account in the amount of the incorrect rate.

Privacy Policy

Overview – How I use Your Information. KP Imagine will never rent, trade, loan, or sell your personal information, or any other information which may identify you. I am committed to protecting my clients’ privacy. When you place an order at my site, you provide me with your name, email address, credit card information, address, and phone number. I use this information to process your order, for billing purposes, to contact you about your session or product order, or to alert you of any sales or specials. I may also contact you with information regarding an order you placed or with information regarding a scheduled session. Any financial information that I collect from you (credit card number, expiration date, billing address, etc.) is used for billing purposes only.

How I Share Your Information. I share your information with third-party service providers who provide and support my services. I will only share information that is necessary for the third-party to complete the service and require them to use the information a manner that is consistent with this policy. Examples of Service Providers include photo labs and payment processors. Additionally, information may be disclosed if it is deemed necessary to comply with the law and court order, to protect the rights of individuals and to fulfill law enforcement requirements. You acknowledge that third-party service providers may have their own privacy policies and data collection practices and that KP Imagine will not be held responsible for such.

Client Consent. By using my web site, you are agreeing to let me collect the aforementioned information (please see the above) and use it in the said manner.