* Please read and accept the following. **
This contract is written for the purpose of personal portraits. The signing of this contract states the client's understanding that it is their choice to participate in these photos and the client will not hold Jasmin Pickens Photography responsible for any negative actions or feelings that may commence due to the images of this shoot. The client understands that they will decide whether or not these images are made public and will make Jasmin Pickens Photography aware of these preferences. Based off this agreement the client is agreeable to the terms, conditions, and timeline of the session and the delivery of images and products. The client states that they are 18 years or older. If the client is not 18 years or older, they understand a parent or legal guardian is required to sign this contract as well.
- Exclusive Photographer. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the event. Guests, Family and friends of the Client shall be permitted to photograph after agreed upon as long as they shall not interfere with the Photographer’s duties.
- Deposit and Payment. The Client shall make a deposit (Creative fee) to retain the Photographer to perform the services speciﬁed herein.
- Cancellation. If the Client shall cancel this Agreement ninety (90) or more calendar days before the event date, any deposit paid to the Photographer shall be refunded in full. If Client shall cancel within ninety (60) days of the event date and if the Photographer does not obtain another assignment for that date, liquidated damages shall be charged in a reasonable amount not to exceed the deposit. A $30 cancellation fee shall be applied if the Client cancels within the day of the event date. The session fee (creative fee) along with any ordered prints/items paid by the client is non refundable afterwards and by any means.
- Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.
- Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints. If Client is obtaining a print for newspaper announcement of the wedding, editorial use or website, Photographer authorizes Client to reproduce the print in this manner.
- Failure to Perform. If the Photographer cannot perform this Agreement due to a ﬁre or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
- Photographer. The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conﬂcts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
- Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
9.Client’s Originals. If the Client is providing original prints, negatives, or transparencies owned by the Client to the Photographer for duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be held liable.
- Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due to delamination and oxidation, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.
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 Indiana. The Client has read this Agreement, agrees to all its terms, and acknowledges receipt of a complete copy of the Agreement after the event.
Client is responsible for their own safety, the safety of those who accompany them and the safety of each minor child accompanying them. On behalf of themselves and such children, client releases Jasmin Pickens Photography from all claims and liabilites of any kind.
Complaints.In the unlikely event of any complaint with regards to our service all complaints must be received in writing within 7 days of collection products purchased.This includes photographs, albums, frames. Photographer is not responsible for any images printed in an unapproved lab.
In consideration of having my pictures taken, upon the terms herewith stated, I hereby hold harmless Jasmin Pickens Photography. their heirs, legal representatives and assigns, those for whom Jasmin Pickens Photography is acting and working, as well as owners of the property where photographs are being taken. I understand I enter into all sessions at my own risk and will hold Jasmin Pickens Photography harmless for any bodily injury or illness that may occur as a result of my interaction with them and their equipment.
1) Please do not copy images. Copying images from my blog or your proofing gallery is considered stealing no matter the intent. This includes the scanning and re-printing of prints you have purchased. Reproduction of images is only allowed in the case of a disk purchased.
2) Special offers or discounts are non-transferable and not redeemable for cash.
3) Checks returned by my bank will incur a $25.00 service charge and orders placed will be cancelled if not paid in full within 3 days of notification.
4) All sales are final.