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PORTRAIT AGREEMENT

 

1 ORDER

This constitutes an order for photography services. It is understood that all proofs, digital files, and sample prints remain the property of the photographer and they may be used for advertising, display or any purpose thought proper by the photographer.

2 EXCLUSIVE PHOTOGRAPHER

The photographer asks that no other image capturing devices (including, but not limited to, cameras, camcorders camera phones) be present at the session.  The client for the purpose of photographing an event has retained the photographer. Therefore, no family/friends of the client will be permitted to photograph this event. The photographer also asks that only people to be photographed are present at the session (immediate family excluded). Exceptions can be made if discussed with the photographer prior to the session.

3 LIABILITY

Although all care will be taken with the images taken at the event, the photographer limits any liability for loss, damage or failure to deliver pictures, for any reason, to return of all photographers’ fees paid.

4 RESERVATION FEE/PRICING

A $50 deposit is required at the time of booking your session. The remaining balance ($445) is due no later than two weeks after the date of your session. The deposit is non-refundable unless the photographer cancels the session. Payment can be made in cash on the day of your session, via bank transfer or credit card by Paypal.

Payment plans are available, but an agreement must be made between Jennifer Stocks and the client in respect to this. All payments must be made in full before the client receives their images.

5 CANCELLATIONS/CHANGE OF DATE

In the event that the session needs to be rescheduled, the photographer may allow the booking to be moved to a new date at her sole discretion. Illnesses and family emergencies are understood and provided 24 hours notice is given the session may be rescheduled at no additional charge. If the session needs to be rescheduled more than once the photographer reserves the right to charge an additional booking fee of $50 on each occasion. Re-shoots are at the discretion of the photographer and are not given for regretful personal decisions such as hair and clothing choices.

6 INCLEMENT WEATHER

The photographer will not be held liable in the event of environmental conditions beyond her control and reserves the right to decline photography outdoors in inclement weather. All sessions cancelled due to inclement weather will be rescheduled at a mutually agreeable time without any additional charges to the client.

7 INHERIT DEFECTS

Although back-up equipment for most essential items is carried, the Photographer is not liable for damages, including but not limited to delay or omission arising from inherent equipment defects or fault, or other causes beyond its control. Liability in any event is limited to refund of all photographers fees paid.

8 COPYRIGHT & REPRODUCTION

The client agrees that exclusively Jennifer Stocks Photography shall hold all copyrights and/or intellectual property rights for all photographs taken at the session. It is a violation of the federal copyright law to allow photographs created by Jennifer Stocks Photography to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered without our written permission (which is granted when you purchase the digital collection).

You agree to purchase prints directly from Jennifer Stocks Photography unless in possession of high-resolution digital files. When you purchase the disc of digital negatives you agree not to make copies for sale or for the purpose of circumventing the sale of the images by Jennifer Stocks Photography.

9 CLIENT SATISFACTION

The client agrees, and understands, that the type of work produced will be of similar style and calibre to the images shown on the Jennifer Stocks Photography web site. The client agrees to allow Jennifer Stocks Photography complete creative control over the location of the session as well as any poses or lack thereof executed in the session. The client agrees that Jennifer Stocks Photography shall provide services to photograph you to the best of her abilities in accordance with the portrait session selected. Every effort will be made to assure your satisfaction according to the industry standards. Any artistic interpretations by the photographer will be deemed acceptable and correct. If you are not satisfied with your images, through fault of Jennifer Stocks Photography your images will be retaken. If you are not satisfied with your products through fault of Jennifer Stocks Photography they will be replaced. Notification of dissatisfaction must be received in writing within one week of receipt of images upon receipt of product(s) in order to receive a refund or replacement. We will do all that we can to ensure that you are satisfied with your images and products. We cannot be responsible for dissatisfaction due to circumstances beyond our control.

In the event that photographic materials are damaged or lost through camera or computer malfunction the photographer liability will be limited to a retake of the session, whenever possible or a refund of the cost of the session fee if images cannot be retaken. If the session fee must be refunded, Jennifer Stocks Photographer will have no further obligation to the client.

10 SHIPPING LIABILITY

Prints and all other products or materials will be hand delivered, posted or a collection point will be arranged. Liability for loss or damage of any items once they have entered into the custody of the postage company will no longer rest with Jennifer Stocks Photographer but will transfer to the postage company. The client agrees to leave the choice of postage services up to the photographer.

11 DAMAGE TO EQUIPMENT

In the event any of the photographer's equipment is damaged or destroyed, either accidentally or intentionally, by the client or clients family, event guests and attendants, or employees of the client, the client is fully responsible for the equipment's replacement at current new market prices.

12 DAMAGE TO LOCATION

In the event the location of the session suffers damage, either accidentally or intentionally, by the client or clients family, event guests and attendants, or employees of the client, the client is fully responsible for the replacement / repair at current new market prices.

13 ACTS OF GOD

The photographer will not be held liable in the event of fire, strike, casualty, act of God, or other cause beyond the control of the parties. If due to Photographer illness, then the photographer shall refund all payments to the client, but shall have no further liability with respect to the Agreement.

14 LOCATION & SESSION DETAILS

The session being scheduled and agreed upon shall include: One 30-40 minute family mini session with Jennifer Stocks, who may end the session at their discretion according to our determination of having captured adequate images both in terms of quality and quantity. If it is the decision of the client to cut the photography session short, Jennifer Stocks Photographer will not be held responsible for lack of satisfaction this decision may cause. The Family Mini Session Package is for immediate families only, and must not include extended family members. The Family Mini Session Package is not suitable for newborns or young babies under the age of 4 months. The client will receive approximately 30-40 images from an average session. If the total number of images is above or below this amount there will be no credits given or extra charges applied. Clients will receive a package containing a USB with 30-40 digitally handcrafted images and a list of recommended print labs.

15 RETOUCHING/SIZING/PHOTO EDITING

Images may be shown to the client in either black and white or colour (sometimes both) at the photographer’s discretion.  Jennifer Stocks Photography will re-edit three images at the client’s request for no cost. Any requested retouching over that specified above will be billed at $50 per hour. Images are presented in a 2:3 ratio (standard photo size). Web sized images are also provided. Clients must understand that cropping and adjustments must be made based on the chosen size of the print, and Jennifer Stocks takes no responsibility for images that cannot be printed at the desired size or ratio. Jennifer Stocks Photography is granted total artistic control over the final image and retouching or edits cannot be made to the images in photoshop, instagram, etc.

16 STORAGE OF DIGITAL FILES

Images ordered will be kept on file for 1 year, after which they will be removed from the system. All images not ordered will be kept on file for 60 days only, after which they will likewise be removed.  Exceptions to this are images being used for promotional materials. The client is encouraged to make multiple copies of the USB of digital images they purchase for safekeeping. A copy should also be saved to the clients hard-drive and external hard-drive. CD’s/DVD’s or USB’s should be re-burnt every 12 months or so to ensure they do not corrupt. It is strongly recommended that all clients print a small copy of each image to ensure the images are not lost.

17 HANDLING

Handle your prints and other products with extreme care. Damage incurred after prints have left the photographer’s hands is the responsibility of the client.

18 SALES

Due to the custom nature of each session, all sales are final.

19 CHANGE

Pricing, products, service availability and policies are subject to change without notice.

20 MISCELLANY

This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. The client understands that by agreeing to the session, all terms of this agreement are understood and agreed upon.

21 RELEASE:

I grant full ownership and copyright of all photographs produced within this session, to Jennifer Stocks Photographer along with the right to reproduce any of the images (and by any means chosen). This does not impact my right to print or share photos with my friends, family, etc.

I am also in agreement that any licensee or assignee in legal correspondence with Jennifer Stocks Photographer can use the photographs in any way and in any medium.

The images will always be used in a manner deemed appropriate by Jennifer Stocks Photographer. They may be used for marketing purposes on the website or social media of Jennifer Stocks Photographer. They may also be used for other promotional purposes, as well as entering photography competitions and/or awards.

The photographer, licensee(s), and/or assignee(s) hereby obtain the rights to use the photographs under no restrictions whatsoever and for whatever purposes, including advertising, with any post-processing or manipulation within reason. I agree that any of the above mentioned photographs or manipulations used by Jennifer Stocks Photographer, licensee(s) and/or assignee(s) to represent an imaginary person shall not reflect upon me personally unless I give legal permission to use my full name.

I commit to withdraw from making any legal claims or disputed, against either Jennifer Stocks Photography or her agents in regards to image usage, and understand fully that the photographer is under no legal obligation to compensate me for the use of any photo(s).

I have been thorough in reading this contract and understand all meanings and implications that have been explained to me in writing.

YOUR DIGITAL SIGNATURE

It is a requirement of booking a session with Jennifer Stocks Photographer that you agree to the Portrait Agreement & Release.

Ticking 'YES' on the booking page of Jennifer Stocks Photographer's website is considered your digital signature, and confirms that you are in agreement of all aspects of this portrait agreement.

Please return to the previous booking page to complete this action, and your booking.