When booking a session, you agree to these terms of service upon paying your booking retainer fee. 

 

DEFINITIONS:

This Agreement is between Jennifer Powell (“Photographer”) and [You] (“Client”) which includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor.

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USAGE RIGHTS AND OWNERSHIP:

Client acknowledges that Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. Client understands and agrees that it is not buying the Image(s) but is paying only for a licence to use the Image(s) as specified on this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee. The term of licence begins from the date Photographer receives full payment of invoice and upon delivery of images. Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark. The use of any Image(s) by Client will not constitute a work of joint authorship. Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer. Unless otherwise agreed, Photographer retains the right to use the Image(s) for his self-promotion.

 

PHOTOGRAPHIC INTEGRITY AND ALTERATIONS:

Client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Portrait sessions include editing which consist of changes to the color, crop, contrast, & exposure at the photographers discretion.  Portrait sessions do not include retouching. 

 

GENERAL LIABILITY AND RELEASES:

Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s). Client will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).

 

Photographer is not responsible for obtaining model, property, trademark, copyright, or any other, releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.

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PAYMENT:

Time is of the essence for receipt of full payment under this Agreement. Full payment is due at time of photography session. 

 

No rights are granted until the photographer has received full payment, including, if applicable, any late-payment charges. Unless otherwise agreed, the use of any image(s) prior to full payment will be considered an unauthorized use. The client agrees that the reasonable and stipulated amount that will be paid to the photographer for such unauthorized use will be double the invoice total.

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CREDIT LINE and COPYRIGHT NOTICE:

Placement of a credit line or copyright notice is required when posting the images on the internet. 

 

CANCELLATIONS AND POSTPONEMENTS:

A retainer fee is due to hold your session date. This fee is non-refundable. The remaining balance is due the date of your session.  If you cancel or reschedule your retainer is forfeited and may not be applied to another session.  If you do not cancel and the photographer arrives at the location of the session you will be responsible for paying the remaining 50% balance.

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IN-HOME STUDIO SESSIONS

Some photography sessions may take place in my in-home studio. By booking a session, you acknowledge and agree that certain shoots, particularly indoor or studio-style sessions, may be held at this location. The in-home studio is a dedicated, professional space designed to provide a comfortable and creative environment for your session.

For safety and comfort, clients are asked to follow any guidelines provided during the session. If you have specific concerns or require accommodations, please notify me in advance so I can ensure your experience is enjoyable and stress-free.

 

FAILURE TO PERFORM:

If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfill his obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.

 

ARCHIVING DIGITAL FILES:

While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.

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EDITING

All editing is done at the photographer’s discretion. The photographer reserves the right to refuse any additional edits requested.  Some images may only be produced in color or black and white at the artists discretion. If the client(s) wish to request additional editing of images this is done at a separate fee starting at $50 per image.

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SESSION TERMS:​

Sessions will be conducted at a location agreed upon by the photographer.  The photographer will not trespass or use any property/locations that is considered unlawful to do so.  The photographer is bound by any rules states for the property or location.  If the Client wishes to shoot on private property it is the Clients soul responsibility to get authorization from the owner of the property.  The photographer is not responsible for hazards at the location and the Client agrees to enter into the session at their own risk.

 

No other photographers/videographers are allowed during the session unless agreed to in writing by Photographer.  Client or guest will refrain from taking cell phone images during the session unless agreed upon by the photographer. 

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ACCEPTANCE OF TERMS:​

Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.

 

This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.

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