LICENSE AGREEMENT & TERMS OF SERVICE
1. Permitted & Prohibited Uses
The photographs and/or videos provided by KJP Photography (“Photographer”) are licensed to the Client (“Licensee”) for the specific purpose and uses agreed upon at the time of booking.
For real estate photography, the images may be used by the Client, including the listing agent, brokerage, or property owner, solely for marketing and advertising the specific property photographed. Permitted uses may include MLS listings, social media, websites, print marketing, advertisements, brochures, flyers, online listings, and other promotional materials related specifically to that property.
For western, equine, portrait, event, rodeo, horse-sale, and other photography, the images may be used by the Client for their personal or agreed-upon business marketing purposes, including social media, websites, advertisements, promotional materials, and other uses specifically agreed upon with KJP Photography.
Unless otherwise agreed to in writing, the Client may not sell, resell, sublicense, transfer, distribute, give, lend, lease, or provide the photographs or videos to another person, business, agent, company, publication, or third party for their independent commercial use.
The Client may share the photographs on social media and other platforms for the permitted purposes outlined above, provided that the images remain attributed to KJP Photography when reasonably possible.
The photographs may not be edited, altered, filtered, cropped in a manner that materially changes the image, or otherwise manipulated in a way that misrepresents the Photographer’s work without prior written permission.
2. Grant of License
Upon receipt of full payment, KJP Photography grants the Client a non-exclusive, non-transferable license to use the delivered photographs and/or videos for the purposes outlined in this agreement.
This license does not transfer ownership or copyright of the photographs or videos to the Client.
The Client may not sell, rent, lease, sublicense, transfer, or otherwise grant usage rights to any third party not covered by this agreement without written permission from KJP Photography.
Any additional commercial, editorial, advertising, publication, or third-party usage not specifically included in the original agreement may require an additional licensing fee.
3. Copyright & Ownership
All photographs and videos created by KJP Photography remain the sole intellectual property and copyrighted work of KJP Photography.
No ownership, copyright, or intellectual property rights are transferred to the Client through the purchase of photography services or through the license granted under this agreement.
KJP Photography retains the right to use photographs and videos created during a session for portfolio purposes, website content, social media, advertising, promotional materials, competitions, publications, and other forms of self-promotion, unless otherwise agreed upon in writing with the Client.
4. Payment
Payment is due according to the payment terms provided at the time of booking.
Unless otherwise agreed upon in writing, full payment is required before the final gallery and/or downloadable images are released to the Client.
KJP Photography reserves the right to withhold delivery of the final photographs and/or videos until the Client’s balance has been paid in full.
5. No-Show / No-Access Policy
A no-show, no-call, no-key, no-access, or cancellation after KJP Photography has already begun traveling to the scheduled appointment may result in the Client being charged up to 100% of the scheduled session fee.
For real estate appointments, it is the Client’s responsibility to ensure that the property is accessible and ready for the scheduled photography appointment.
For equine, western, portrait, or event sessions, it is the Client’s responsibility to ensure that the agreed-upon location, subjects, horses, people, or other necessary elements are available at the scheduled time.
6. Cancellation & Rescheduling Policy
At least 48 hours' notice is required to cancel or reschedule an appointment.
A $35 cancellation/rescheduling fee may be charged when an appointment is cancelled or rescheduled with less than 48 hours' notice.
Same-day cancellations or cancellations made after KJP Photography is already en route may be charged 100% of the scheduled session fee.
Deposits are non-refundable unless otherwise agreed upon in writing.
KJP Photography understands that emergencies and circumstances outside of the Client’s control can occur and reserves the right to make exceptions to this policy at its discretion.
7. Deposit
A 50% non-refundable deposit may be required for new clients to reserve and hold an appointment.
The deposit will be applied toward the Client’s total balance.
The appointment is not considered officially reserved until the required deposit has been received.
8. Image Selection & Delivery
KJP Photography reserves the right to select the final images delivered to the Client unless a specific image-selection arrangement has been agreed upon.
The Photographer will make reasonable efforts to provide a high-quality gallery; however, the Client acknowledges that artistic style, composition, lighting, editing, and image selection are at the Photographer’s professional discretion.
Raw/unedited files are not provided unless specifically agreed upon in writing.
9. Artistic Style & Editing
The Client acknowledges that they have reviewed KJP Photography’s portfolio and understand the Photographer’s artistic style.
KJP Photography retains creative and artistic discretion regarding composition, lighting, posing, editing, color, cropping, and final image selection.
Requests for extensive re-editing or changes outside of the Photographer’s normal editing style may be subject to an additional fee.
10. Third-Party & Commercial Use
Images may not be sold, licensed, submitted for commercial advertising, or provided to another business or third party for independent commercial use without prior written permission from KJP Photography.
This includes, but is not limited to:
Advertising another business
Commercial publications
Product packaging
Merchandise
Paid advertisements for unrelated businesses
Magazine or editorial publication
Promotional campaigns for third parties
Resale or redistribution of the images
Additional licensing fees may apply for approved third-party or commercial usage.
11. Social Media Use
Clients are encouraged to share their purchased images on social media for personal or approved business marketing purposes.
When posting images created by KJP Photography, clients are encouraged to tag or credit KJP Photography when reasonably possible.
The Client may not remove watermarks or Photographer credits from images that have been provided with such markings without permission.
12. Horse, Animal & Subject Safety
For equine, animal, rodeo, and western photography, the Client is responsible for the safety and control of their animals and participants during the session.
KJP Photography is not responsible for injury, illness, escape, damage, or other incidents involving animals or participants during a photography session.
The Photographer reserves the right to stop or modify a session if they believe the environment or circumstances present an unsafe condition.
13. Weather & Unforeseen Circumstances
KJP Photography may recommend rescheduling outdoor sessions when weather or other environmental conditions may negatively affect the safety or quality of the session.
If KJP Photography must cancel or reschedule due to severe weather, illness, emergency, equipment failure, unsafe conditions, or circumstances outside of the Photographer’s reasonable control, the Photographer will make reasonable efforts to reschedule the session.
14. Client Responsibility
The Client is responsible for providing accurate information regarding the location, date, time, subjects, property, animals, and requested services.
For real estate photography, the Client is responsible for ensuring the property is prepared and accessible at the scheduled appointment time.
For equine and western photography, the Client is responsible for ensuring that horses, participants, locations, and other requested subjects are available and prepared for the scheduled session.
15. Agreement & Acceptance
By booking photography services with KJP Photography and/or submitting payment, the Client acknowledges that they have read, understood, and agreed to the terms outlined in this License Agreement & Terms of Service.
This agreement applies to photography and videography services provided by KJP Photography unless a separate written agreement has been signed by both parties.
KJP Photography reserves the right to update these terms and conditions as necessary. The terms in effect at the time of booking will apply to that session.
KJP Photography
Professional Real Estate & Western Photography