TERMS & CONDITIONS
1. It is understood that Jodi Major is the exclusive, official photographer retained to perform the photographic services requested on this Contract.
2. The Photographer may substitute another photographer to take the photographs in the event of her illness or unforseeable conflicts in scheduling. In the event of such substitution, majorCLICKS Photography warrants that the photographer taking the photographs shall be a competent professional.
3. majorCLICKS Photography reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend majorCLICKS Photography in the event of litigation arising out of such use.
4. Negatives, digital files and previews remain the exclusive property of majorCLICKS Photography.
5. Upon signature the Photographer shall reserve the time and date agreed upon.
6. The session may be rescheduled by either party with no additional fees.
7. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of majorCLICKS Photography, the Photographer may elect to use an alternate location or to reschedule the session.
8. If majorCLICKS Photography cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer ’s illness or emergency, then the Photographer shall return any retainer to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event that majorCLICKS Photography fails to perform for any other reason, majorCLICKS Photography shall not be liable for any amount in excess of the retail value of the Client’s order.
9. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. The Client is responisible for protecting and caring for his/her printed and/or digital products. majorCLICKS Photography is not responsible for any damaged products after successful delivery of said products.
10. The charges in this Contract are based on majorCLICKS Photograpy’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. Sales tax of 6% will be added to all printed orders. Labor and digital purchases are free of sales tax.
11. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce negatives, digital images and printed photographs elsewhere without majorCLICKS Photography’s permission, in the form of a Print Release, and violators of this Federal Law will be subject to its civil and criminal penalties.
12. REGARDING DIGITAL IMAGES: If the Client looses or damages his or her digital images, majorCLICKS Photography will not by liable for such loss or damage and will not replace lost or damaged files. It it highly recommended, by the Photographer, that clients immediately back-up any digital files on an external drive or via online cloud storage. Digital images purchased by the Client still remain the property of majorCLICKS Photography and may not be altered in any way, shape of form, including but not limited to editing the overall style of image, color/contrast/exposure changes, cropping portions of the images, adding objects/persons/graphics and deleting objects/persons/graphics. Digital images purchased by the client may not be shared with other persons in person or via social media and may not be resold. Violators of this Federal Law will be subject to its civil and criminal penalties. Watermark, low resolution images may be shared (including, but not limited to social media posts, emails, etc) with others and may be aquired by request, from majorCLICKS Photography, at no additional cost.
13. REGARDING VIEWING & PRINTING IMAGES: Please note that all images produced by majorCLICKS Photography have been done so with the use of color callibrated monitors. Monitors used by the Photographer have been callibrated to meet printing standards, thus color changes may occur when images are viewed on non-callibrated monitors. Also note that images viewed in non-professional editing programs will appear less sharp than if the same images are viewed using a professional program. Printed images will be correct in color, sharpness and other variables that may be affected by non-callibrated monitor and non-professional programs, that is, if the printed images have been produced by a professional imaging lab. In order for printed images to meet the quality of the original digital files, they must be printed on high-quality photographic paper or on other professional photographic mediums, and done so by a professional lab. It is highly recommended that the Client order printed images from a reputable, professional lab to ensure that the quality of his or her digital images is met. majorCLICKS Photography is not liable for the quality of images printed by any imaging lab, both professional and non. Please see the majorCLICKS Photography Preferred Vendors section of your welcome packet for more information on professional imaging labs.
14. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.
APPLICABLE LAW
This contract shall be goverend by the laws of the Country of the United States in the State of Pennsylvania and any applicable Federal Law.