INFORMATION & AGREEMENT
Thank you so much for booking a portrait session with me! I'm excited and honoured to be your photographer. This contract is simply to ensure everybody is in agreement regarding the services I will be providing. Please feel free to contact me with any questions.
Summer Market Minis
5 Digital Images
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Term & Conditions
DELIVERY OF PHOTOS:
The turnaround time for the finished digital photographs is 28 business days (Monday through Friday) after the session took place. Jessica Crandell Photography is not obligated to publish and/or show previews to the Client. No part of any order will be delivered until the balance is paid in full. The Client will receive the images in digital .jpg form via an online gallery. No physical products will be given to the Client unless the Client orders and pays for physical products after viewing their gallery.
RESCHEDULING & REFUNDS:
Jessica Crandell Photography understands weather, illness, or other reasons may cause Client to reschedule a session. Client will not be charged a penalty rescheduling a session provided at least a 24 hours notice is given. Client may reschedule the session, at the convenience of Photographer, without being charged a fee. No show or rescheduling within 24 hours will incur a $100 reschedule fee at the discretion of Photographer. No refunds. Rebook or credit only.
It is understood that your package comes with basic retouching. The removal of blemishes, pimples, stray hairs (to an extent and at the discretion of the photographer) is included in your package. It is understood that premium retouching is NOT included in your contract unless otherwise initially agreed upon and a written clause is in place. Premium retouching includes alteration of the body and face, object removal, face swapping, and beyond. Any additional requests for editing after the gallery has been delivered is subject to a fee of $100/hr and may be outsourced. Additionally, premium retouching is subject to a longer turnaround time.
ADDITIONAL SERVICES, PERMITS & FEES:
Any session fees collected that are to be paid out to the venue or professional services onsite are non-refundable. This is including but not limited to: permits for venues and national parks, location fees, hair and makeup artist services.
VENUE & LOCATION LIMITATION:
Jessica Crandell Photography is limited by the rules and guidelines of the location(s) and site management. The client agrees to accept the technical results of their imposition on Jessica Crandell Photography. Negotiation with the officials for moderation of guidelines is the client's responsibility; Jessica Crandell Photography will offer technical recommendations only.
Jessica Crandell Photography reserves to right to terminate coverage and leave the location of session if the photographer or any associates acting under Jessica Crandell Photography experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the session; or in the event that the safety of the photographer from Jessica Crandell Photography is in question.
Due to the ever changing nature of Covid-19, in the event that it is deemed unsafe to continue to work, all funds paid directly to Jessica Crandell Photography will be credited or sessions rebooked to a later time.
RESPONSIBILITIES & EXTERNAL FACTORS:
Jessica Crandell Photography is not responsible for compromised coverage due to causes beyond the control of Jessica Crandell Photography including but not limited to obtrusive guests, lateness of the client or guests, weather conditions, schedule complications, incorrect addresses provided to Jessica Crandell Photography, rendering of decorations, or restrictions of the locations. Jessica Crandell Photography is not responsible for weather, backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. NO REFUNDS will be given for dissatisfaction with client(s) images. Re-shoots will not be given for poor choices of clothing, hair, or weather-related issues, or by not following the recommendations of the photographer. Jessica Crandell Photography will not give refunds due to lack of subject cooperation which includes but is not limited to: upset/crying baby/toddler, grumpy spouse/child.
In the event of severe weather, including but not limiting, a blizzard, severe rain storm or other unforeseeable events, Jessica Crandell Photography may make the decision to reschedule the session.
RETAINER/DATE RESERVATION FEE:
There is a $50 reservation fee due at booking. Upon receipt the Photographer will reserve the time agreed upon for the event date and will not make another reservation for that specific time frame. For this reason, the fee is non-refundable and non-transferable should the Client cancel the session for any reason, fail to arrive on time or not arrive at all. The fee must be paid within 24 hours. The session is not guaranteed until the fee is paid. Payment plans are available. The full, non-refundable and non-transferable session fee is required to be paid one week prior to your session date.
DESCRIPTION OF SERVICES:
This agreement constitutes an order for portrait photography services, and any additional services outlined above in Package. It is agreed to by both parties, Photographer and Client, as described above. Client agrees to pay Total Amount by the Final Payment Due By Date as defined above.
COPYRIGHT AND LICENSING:
The images that are being provided are licensed to JESSICA CRANDELL PHOTOGRAPHY'S Client(s) only for any reasonable personal purposes, including but not limited to: printing, copying, emailing, and web publishing. The Client(s) agrees that he/she/they may not use any images for commercial or editorial purposes, or enter any images into competition without the written permission of Jessica Crandell Photography. This license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. The Client(s) agree not to make any changes to any digital photographs provided by Jessica Crandell Photography, including but not limited to: adding filters, colors, digital frames, texts, cropping, etc. The purchase of the original files releases Jessica Crandell Photography from any liability due to loss or damage of the images, and also releases Jessica Crandell Photography from any obligation to maintain copies of any digital file, image, or photograph. Jessica Crandell Photography retains all copyrights to the images and derivative works thereof. By using any of these images, you are agreeing to the above terms.
LIMITATION OF LIABILITY:
Although all care will be taken with these photography services and the digital photographs taken, the Photographer limits any liability for loss, injury, death, inability to perform the photography services for any reason, failure to deliver images for any reason or any other types of damages to the return of all payments already paid to the Photographer up to Total Amount defined above.
Client hereby agrees to indemnify, release, discharge and hold harmless the Photographer, its heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority of the Photographer from and against any liability or claims arising as a result of any work done related to this agreement. This includes, but is not limited to claims related to the use of the likenesses of anyone captured in the images or any distortion, blurring or alteration that may occur or be produced in the taking, processing or reproduction of the photographs.
I hereby give to Jessica Crandell Photography the absolute and irrevocable right and permission with respect to the photographs that the Photographer has taken of myself and/or my minor child(ren) in which he/she/they may be included with others to copyright the same in the Photographer's name or any other name that the Photographer may select; to use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including but not limited to: illustration, promotion, advertising, and; I hereby release and discharge Jessica Crandell Photography from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
DIGITAL IMAGES & DIGITAL ARCHIVE:
After three(3) months, all images will be deleted and removed from Jessica Crandell Photography’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Jessica Crandell Photography is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
The Client will receive a number of digital images, as defined above, that are usable and up to the Photographer's standards.
The images will be given via online download, in .jpg format only. No .raw/.nef files will be given to the Client. No physical products will be given to the Client unless the Client orders and pays for physical products after viewing their gallery.
This agreement cannot be transferred or assigned to any third party by either the Photographer or Client without written consent of both Parties.
Digitally signing this agreement and submitting this form has the same effect as manually signing a paper original.