This contract is written for the purpose of a portrait session with Jacqueline Marie Photography LLC. The signing of this contract confirms the client’s understanding that it is their choice to participate in the photo session. The client will not hold Jacqueline Marie Photography LLC responsible for any negative actions that may commence from this portrait session, or from any produced images. The client is agreeable to the terms, conditions and timeline of the session, along with the delivery and use of images. I understand that if the client involved in the portrait session is not 18 years of age, a parent or legal guardian must sign and accept responsibility of this contract. Any addendum made to the contract must be agreed upon between the photographer and client in writing. This Agreement shall be governed by the laws of the State of Ohio.
Liability & Injury Release
My involvement and/or participation in a portrait session is voluntary, and I am acting under my own free will. I do not have any medical ailments, physical limitations, or mental disabilities that will affect my ability to participate in a photography session. Jacqueline Marie Photography LLC and it’s employees/contract workers, spouses and next of kin (here after referred to as releasees) undertakes no direct legal or financial responsibility for my personal safety or well being when I am participating in a photo shoot. I assume the risks, including, but not limited to, those outlined in this agreement. I forever release Jacqueline Marie Photography LLC, all related participants and releasees from any and all claims and causes of action that I or my representatives now have or may have in the future, such as, personal injury, property damage arising out of participation in a photography session. I am 100% liable for all medical expenses incurred as a result of any injury or property damage during my participation in a photography session.
I hereby grant the following rights and permissions to Jacqueline Marie Photography LLC, legal representatives and assigns, those for whom Jacqueline Marie Photography LLC is acting, and those acting with authority and permission. Jacqueline Marie Photography LLC has the absolute right and permission to take, use, reuse, publish, and republish photographic portraits or pictures of myself/minor, or in which I/minor may be included, in whole or in part, without restriction as to changes or alterations from time to time, in conjunction with the my own/minor’s name, and in any and all media now or hereafter known, including the internet, for art, advertising, trade, or any other purpose whatsoever. I also consent to the use of any published matter in conjunction with such photographs. I waive any right that I or the minor may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such photographs or the use to which it may be applied.
I also understand that all images provided to me are at the discretion of the photographer. Unedited images will not be provided. The photographer has the right to choose and edit such photos under her professional opinion.
Your session will begin at the scheduled time, even if the client is late. The session end time will remain the same. A strict timeline will be enforced to ensure all obligations of this contract are met.
A signed contract and a non refundable session fee payment are required to schedule your session with Jacqueline Marie Photography LLC. The session fee is non-refundable, non-transferable. All images and products from your session must be purchased in a package and are not included in the session fee. A minimum purchase of $450 is required. All payments will be accepted by Square invoicing. Client acknowledges and agrees to session fees and charges as provided by photographer. Session fee will be waived if client books a newborn session along with the maternity session.
Please provide at least 48 hours notice if you have to cancel for any reason. If you need to cancel, rescheduling will depend on availability. If 24 hours notice is not provided, all session fees paid will be forfeited. If for some reason I have an emergency and need to reschedule for any reason, you will also be notified as soon as possible. In the event of an act of God unable to be controlled by photographer (examples include but are not limited to: weather, catastropic events, pandemic).
I have a very strict sick policy to ensure the safety and well being of every newborn/child/family that enters the studio. Please do not come to your session (indoor or outsoor) if you or your child are ill. I will cancel the session if it appears you are ill and rescheduling will depend on availability. No exceptions. I will in return notify you if I am ill and need to reschedule.
**New updates due to Covid-19. Jacqueline Marie Photography will take necessary precautions to provide a safe and clean studio. The studio will be limited those family members being photographed only. I ask that any illness and potential exposure be communicated to me prior to your session. Clients may also be asked to bring a mask to enter the studio. Client understands photographer will notofy client if any illness or possible exposure is known. However, this may be unknown. Client may not hold photographer responsible for any illness that may occur after session.
Rescheduling may be necessary due to current state and governmental guidelines at the time of your session. All monies paid during this pandemic may be applied towards a future session within the rescheduling timeline provided by photographer.
**Separate Covid-19 agreement must be signed**
The photographs produced by Jacqueline Marie Photography LLC are protected by Federal Copyright Law and all rights are reserved. Each session will include high-resolution digital images with print release. These photographs are limited to personal use only. Commercial use is prohibited. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Jacqueline Marie Photography LLC during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, Instagram or hard copy images. This includes editing and adding filters to any image.
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair, weather related issues, behavior of children, or by not following the recommendations of the photographer.
Ordering and Viewing appointment
Within 1-2 weeks of your session, photographer will email your proof gallery to be viewed. You will have 2 days to view your gallery. After 2 days, photographer will contact you to place your order (by phone). Client understands that all orders of images and products must be placed at this appointment and all monies/fees will be collected at that time. Sales tax of 7.25% will be added to your final order. All person's involved in the decision making of ordering from the displayed gallery must be present at this appointment. A rescheduling fee of $50 will be applied if another appointment is requested. Due to the nature of the images and products I offer, refunds or exchanges are not accepted. Changes can not be made to your order after your appointment. Any monies paid are non-refundable, non-transferrable.
Delivery of images
Photographer makes every effort to have full gallery of images edited and delivered to client within 14 business days of scheduled session. This is determined by photographer's current schedule. If the time of delivery images is going to be delayed, client will be notified. Please allow 2-4 weeks for delivery of any products (prints, albums, canvas, etc.)
Limit of Liability
In the unlikely event that the photographer is injured or becomes ill and is unable to photograph your session, every effort will be made to schedule a reshoot for the next available time based on the photographer’s schedule as long as the situation is unable to be controlled. In the unlikely event the photographs have been lost, stolen or destroyed beyond photographer’s control, Jacqueline Marie Photography LLC liability is limited to return of all payments received for the portrait session. Photographer is not responsible for any damage to images after delivery, including transit.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer's office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $400.00. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney's fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.