KIN & CO.
CLIENT AGREEMENT &
TERMS OF SERVICE
1. BOOKING & SESSION FEE
A non-refundable session fee of $880 is required to confirm your booking. This fee covers pre-session creative direction, studio rental, wardrobe curation, and associated production costs. Your session date is not confirmed until the session fee has been received in full.
Bookings are transferable to a new date once, subject to availability, provided written notice is received no less than 30 days prior to your scheduled session. Transfers requested within 30 days of the session date will be considered on a case by case basis and are not guaranteed.
2. PAYMENT TERMS
Your artwork investment is determined at your gallery reveal appointment based on your selections. The session fee is separate from and does not apply toward your artwork order. Payment for artwork is structured as follows:
● 50% of your artwork order total due at the gallery reveal appointment to initiate production
● Remaining 50% due upon delivery of your finished artwork
Accepted payment methods include e-transfer, credit card, and debit. All prices are in Canadian dollars and do not include applicable taxes.
3. CANCELLATION & RESCHEDULING
The session fee is non-refundable under all circumstances as it is applied immediately toward confirmed vendor bookings.
In the event of cancellation by the client:
● Cancellations made more than 30 days prior to the session date, session fee is forfeited but may be transferred to a new date once, subject to availability
● Cancellations made within 30 days of the session date, session fee is forfeited in full with no transfer option
In the event of cancellation by Kin & Co. due to circumstances within our control, the session fee will be refunded in full and priority rebooking will be offered.
In the event of cancellation by either party due to circumstances beyond reasonable control including but not limited to severe weather, illness, or other force majeure events, the session fee will be transferred to a new date subject to availability.
4. THE SESSION
Each Kin & Co. session includes:
● Pre-session creative direction developed exclusively for your family
● Curated wardrobe provided for the session
● Up to 90 minutes of studio shooting time
● In-person gallery reveal and ordering appointment
Sessions take place at our Toronto studio. Kin & Co. retains full creative and editorial direction over all aspects of the session including lighting, composition, prompting, and wardrobe. Clients retain the right to make final selections from the proofing gallery presented at the reveal appointment.
Kin & Co. cannot guarantee specific outcomes, expressions, or behaviours, particularly with respect to young children. Every reasonable effort will be made to create a relaxed and productive environment for all family members.
5. ARTWORK & DELIVERY
Artwork is produced following client selections made at the gallery reveal appointment. Production begins upon receipt of the 50% production deposit.
Estimated delivery timelines from the date of order confirmation are as follows:
● Framed prints: approximately 6 weeks
● Bound albums: approximately 8 weeks
● Curated gallery walls: approximately 6-8 weeks depending on scope
These timelines are estimates and may be subject to change due to production or supplier delays. Kin & Co. will communicate any significant delays promptly.
All sales of produced artwork are final. No refunds or exchanges will be offered on completed orders.
6. COPYRIGHT & USAGE RIGHTS
All photographs produced during a Kin & Co. session remain the sole intellectual property of Samuel Engelking and Kin & Co. The client is granted a limited, non-exclusive, non-transferable personal use license for all images included in their order.
Personal use includes printing, sharing with family and friends, and posting on personal social media accounts with credit to @kinandco.photo. Personal use does not include commercial use, licensing to third parties, or use in advertising without prior written consent.
Kin & Co. reserves the right to use session images for portfolio, website, social media, and marketing purposes unless the client has opted out in writing prior to the session. Clients may request a usage restriction at any time prior to their session at no additional cost.
Where usage restriction is requested, Kin & Co. will not publicly share identifiable images of the client or their family. Kin & Co. retains the right to use anonymized, cropped, or detail images that do not identify the subjects unless full exclusivity has been agreed upon in writing.
7. MODEL RELEASE - MINORS
By signing this agreement the client confirms they are the legal parent or guardian of all minors participating in the session and grants Kin & Co. permission to photograph said minors. This release is subject to the usage terms outlined in Section 6.
8. LIMITATION OF LIABILITY
Kin & Co. will exercise all reasonable professional care in the execution of your session and the production of your artwork. In the unlikely event of equipment failure, file corruption, or other unforeseen circumstances that result in the partial or complete loss of session images, the liability of Kin & Co. shall be limited to a refund of the session fee. No further compensation will be offered.
Kin & Co. is not liable for any indirect, incidental, or consequential damages arising from the provision of services.
9. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the courts of Ontario.
10. AGREEMENT
By paying the session fee and confirming your booking, the client acknowledges they have read, understood, and agreed to these terms in full.