This Agreement shall be construed and enforced in accordance with this Contract agreement and Copyright Laws.
This Agreement and Contract constitutes an order for photography services, including but not limited to reserved session date and time, photographers travel, time, setup, insurance and labor for creative/processing fees, and consultations as agreed to by both parties: Julie Jackson (Photographer) and contracting party herein referred to as: Client or Client(s).
1. Session Reservation & Retainer Fee: This contract between Julie Jackson Photography and the “Client” listed above, shall not become effective until it is signed and the initial “Retainer Fee” amount due has been paid. In order to hold your date and time, your Retainer fee must be paid within 48 hours after receipt of this contract. At the time the contract takes effect, Julie Jackson Photography shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that the “Client” cancels the contract for any reason, all monies paid shall be retained by Julie Jackson Photography in order to offset its loss of business.
- Your Retainer Fee secures your desired date and time for your portrait session. Retainer fee if non-refundable if you cancel or do not show for your session date.
- Your Retainer Fee gives you access to download your images via my website www.JulieJacksonPhotography.com to print at your preferred photo kiosk/ lab and share with family & friends. Digital downloads are printable up to 8x10. Downloads are great for posting and sharing your images on social media and websites.
- Due to the nature of permanent downloads, they shall be deemed a final, non-exchangeable, non-refundable sale.
- Your Retainer Fee also covers my time, travel, setup, insurance and labor for creative/reprocessing fees on all images that will be available to you in your personal online album.
- Client understands that images are individually processed, this processing takes 2-3 weeks from your session date, processing is done in order of session date; during busy seasons orders may take up to 4-6 weeks for processing.
- Client agrees that they are responsible for all parties included in the photo-shoot and has their full agreement and cooperation.
2. Rescheduling: If the client must reschedule their session due to an emergency, sickness, or inclement weather; they must alert the Photographer ASAP prior to the session time. Please let the photographer know ASAP when you would like to reschedule.
3. Cancellation w/o rescheduling: At the time the contract takes effect, Julie Jackson Photography shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that the “Client” cancels their session & contract for any reason, all monies paid shall be retained by Julie Jackson Photography in order to offset loss of business. If the Photographer must cancel, the Client has the ability to receive a full refund if they may choose so, or you may reschedule.
4. Late for Session: The Photographer allows a grace period of up to 15 minutes before the session is Canceled, Rescheduled, or Continued on the Photographer's own accord. If the session is continued, beware that your time will be shortened and you may not receive all the images you chose for your package. Please arrive to the session location on time or early and prepared accordingly with makeup & hair done, and your outfits and props readily picked out and available. This allows your session to run smoothly without any lags in time.
5. Clothing, Hygiene: Please be sure to check that your clothing choices are comfortable and fit well, and check to be sure they are wrinkle and stain free. Remember to also check your shoes to be sure they are stain/scuff free, and that you have clean manicured nails prior to your session.
6. Image Processing/Editing: the photographer does Basic edits retouching on all processed images, including but not limited to: cropping, hue adjustment, color correction, sharpening, soften fine lines, blemish & scar removal, enhancing eyes & whiten teeth. Please see the FAQ page on my website for a more detailed description of Basic Edits vs. Enhanced Edits processing.
- Please be patient while I process your photos. Your album will be available within 14-21 days after your session date. I provide quality Custom Portraits by editing each individual portrait in your album by hand, in order to provide this service; the editing process takes time. But I promise to be done as soon as possible without compromising the quality I promise you.
- A rush charge is $150 for processing within 1 week from session. Due to the time it takes to hand edit each image, processing cannot be done in less than a week.
- Select Enhanced processed images may be gifted to you by the photographer in your image downloads.
- Additional Enhanced processing is an additional $25.00 per image. Enhanced processing may include but not limited to: background removal & replacement, items removed from background that were not removed in the Basic retouching process, unique artistic effects, image composites, body sculpting, tattoo removal etc. The Photographer has the right to deny unrealistic editing requests or requests that are beyond the photographer’s ability.
- All processed images are chosen by the photographer, your photographer will chose the best images from your session.
7. Printing Rights & Copyright law: Client has permission to use the purchased digital downloaded images for personal use only and not for profit. The "Owner" also referred to as : Julie Jackson, of the copyrighted photographs, hereby grants you the “Client” non-exclusive, non-assignable, non-sub licensable, and perpetual rights: to reproduce and distribute the copyrighted photographs for personal non-profit purposes only, and to incorporate the copyrighted photographs, in whole or in part, into derivative works for non-profit distribution. Client is prohibited from selling, manipulating or editing the photographs in any form. (see Copyright Law below)
- In consideration for the Clients use of this non-exclusive license, you the Client agrees to pay the Owner the amount agreed upon, payment is due in full prior to given access to download digital photographs.
- Permissions: The Client who contracted this photography session, confirms that they have obtained permission from any and all persons included in this contracted photography session. The Client is responsible for notifying all involved parties of this Contract and copyright laws, and is responsible for making sure all parties involved have a copy of this Contract. Client agrees that they and all parties involved will abide by this Contract & Copyright Laws in full, and understands that failure to do so will result in the Owner taking legal action against the Client. Fines start at $2,500 in addition to attorneys’ fees and any damages to be paid by the Client for the infringement.
- Client understands: Claiming the photographs as their own work, any form of sale for profit, or unauthorized reproduction, including downloading without permission, saving as a screen shot or any other copied form, printing or manipulating in any form, including: reproducing or distributing the photographs and incorporating all or any part of the photographs for profit; selling or distributing electronic copies of the photographs as standalone files, or as part of a product from which a person is able to extract the photographs as a standalone file; distributing the photographs in or as part of an electronic template intended to be reproduced by third parties on electronic or printed products; (such as magazines where the 3rd party collects profit) or using the photographs as part of a trademark, service mark or logo, failure to follow this Contract agreement or Copyright law in any manner is a direct violation.
- Purchasing prints, a print release, or digital downloaded images gives the Client permission to display or print their images for personal use only; but does not give the Client rights to own the copyright to the images created by the owner/photographer. Client understands that they will not be compensated any amount of monetary value for the Owners unlimited use of the photographs contracted for this session.
8. Print Quality Guarantee: Photo labs that use low grade photo paper and ink, diverse equipment and varied color profiles can make the quality of prints and difference in color vary greatly, I DO NOT guarantee the quality, fading or color/tone of prints made by other photo labs when prints are not purchased through Julie Jackson Photography and printed through my chosen professional photo lab.
9. Copyright Law: Under the Federal U.S. Digital Millennium Copyright Act (DMCA): All photographs are the property of the Owner/Photographer and protected under United States and international copyright laws, with all rights, title and ownership of all image(s) reserved. Owner retains all rights to the photographs and any derivative work, including without limitation, the rights to: edit, copy, sell, license, and distribute copies of the photographs in all markets and territories.