This agreement is between the Client, whose name and address is listed above, and [Jennifer Jean Photography].

 

1. Retainer and Payment. The Client shall make a non-refundable retainer of $50.00 to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties exclusively for you. 

 

2. Cancellation. If Client requests to amend or cancel this agreement 14 or more calendar days before the session date, the retainer shall be applied a mutually agreed upon reschedule date. If Client cancels this agreement, or fails to show, this agreement 14 or less calendar days before the session date, the retainer shall be forfeited. Client understands and agrees that Photographer will not book other sessions during this time. In the event that Client cancels the portrait session or fails to attend the session on the Session Date, for any reason, Photographer shall suffer losses that are difficult to ascertain.

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3. Weather Cancellation Policy: If, in the opinion of the photographer, inclement weather or other adverse conditions hinder the artistic standards of the photographer, the photographer may elect to use an alternate location or to reschedule the portrait session. The Photographer will reschedule the canceled session at the next available date. A deposit reserves the date of the session and will go to the overall session fee on the agreed-upon session date. If client cancels, they will lose the deposit.

4. Rescheduling/ Late Arrivals. In the event that the Client requests to reschedule a session, the retainer shall be applied to a reschedules session if notice is given at least 14 days prior to the schedule event. Reschedule must be within the same calendar year. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.

 

5. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client.

 

6. Delivery.  Approximately 2-3 weeks. The high-resolution digital photos will be delivered via a link to a secure online gallery to the email address you have provided. 

 

7. Online Gallery Access: You will have access to your online gallery for 120 days. After the 120, days the site will automatically lock. There will be a $15.00 unlocking charge. 

8. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.

 

9. Client’s Usage. The Client is obtaining prints/digitals for personal use only, and shall not sell said prints/digitals or authorize any reproductions thereof by parties other than the Photographer. In particular, Client may not screenshot any images from the viewing gallery and share these images from your session or event. The Client may not in any form re-edit images or crop them. The use of images are not limited and can be, but not limited to, the website of www.jenniferjeanphotography.com, third party vendors, social media/network sites. Negatives, digital files and previews remain the exclusive property of this Photographer.

 

10. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if
the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.

 

11. Waiver of Liability.  Client expressly releases the photographer, her employees and agents from all claims, damages, and liabilities that may result from accidents or incidents that occur during the portrait session. Recommendations regarding location, wardrobe, etc., are merely recommendations; Photographer is not responsible for the dissatisfaction of the use of the recommended option. Photographer is not responsible for any dissatisfaction of the client if Photographer delivers a gallery similar in quality to what is shown on website. This waiver of liability includes waiver of any claim that may be a result of negligence. 

 

12. Price. The charges in this agreement are based on the Photographer’s session rates. The rates are adjusted periodically and the prices in effect at the time of the session reservation will apply for all sessions included in this Contract, for a period of 30 days past the session date. Any and all future orders shall be charged at the prices in effect at the time when the order is placed. 

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13.  Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. Photographer will not be liable for any dissatisfaction from any print labs or stores, including but not limited to the following: Walmart, Costco, Walgreens and CVS. Nations Photo Lab or Mpix are the preferred website print sources for Jennifer Jean Photography. I do not guarantee the quality from any other lab.

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14. Travel and Overage Fees. The Client shall pay .70 per mile for travel 60 or more miles outside the zipcode of 80525.

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15. Model Release: For Consideration herein acknowledged as received, and by signing this release I hereby give the Photographer/Filmmaker, Jennifer Murphy, and Assigns my permission to license the Content and to use the Content in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Content may be combined with other images, text, graphics, lm, audio, audio-visual works; and may be cropped, altered or modifed. I acknowledge and agree that I have consented to publication of my ethnicity(ies) as indicated below, but understand that other ethnicities may be associated with me by the Photographer and / or Assigns for descriptive purposes. I agree that I have no rights to the Content, and all rights to the Content belong to the Photographer / Filmmaker and Assigns. I acknowledge and agree that I have no further right to additional consideration or accounting, and that I will make no further claim for any reason to Photographer / Filmmaker and / or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws (excluding the law of con icts) of the country/state from the following list that is nearest to the address of the Model (or Parent*) given opposite: New York, Alberta, England, Australia and New Zealand. It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to ful ll this purpose, including by being shared with sub-licensees / assignees of the Photographer / Filmmaker and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release. Definitions: “ASSIGNS” means a person or any company to whom Photographer/Filmmaker has assigned or licensed rights under this release as well as the licensees of any such person or company. “CONSIDERATION” means $1 or something else of value I have received in exchange for the rights granted by me in this release. “CONTENT” means all photographs, lm, audio, or other recording, still or moving, taken of me as part of the Shoot. “MEDIA” means all media including digital, electronic, print, television, lm, radio and other media now known or to be invented. “MODEL” means me and includes my appearance, likeness and voice. “PARENT” means the parent and/or legal guardian of the Model. Parent and Model are referred to together as “I” and “me” in this release, as the context dictates. “PHOTOGRAPHER / FILMMAKER” means photographer, illustrator, lmmaker or cinematographer, or any other person or entity photographing or recording me. “SHOOT” means the photographic, lm or recording session described in this form.

 

16. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any
court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

 

17. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of CO. The person signing this contract agrees to act as a representative of all people photographed, and represents their agreement to these terms and conditions. The parties have read this Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by both parties. Each person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.

 

18. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.