Terms and Conditions | JMB Photography

Terms and Conditions:

CANCELLATION:

The deposit is non-refundable should the CLIENT not show up to the session, and the PHOTOGRAPHER reserves the right to refuse a reshoot.

In the unlikely event that the PHOTOGRAPHER is injured or becomes too ill, or has an extreme emergency that prevents her from photographing the event, the PHOTOGRAPHER will make every effort to reschedule the event. If the PHOTOGRAPHER and CLIENT are unable to reschedule due to this, the deposit will be refunded.

The CLIENT and the PHOTOGRAPHER agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties for the photoshoot. The photoshoot will start at its scheduled time, and end at the scheduled time. If the CLIENT does not arrive at the scheduled time, the shoot WILL STILL end at the scheduled END time. (Ex: if the shoot is to occur from 3:00pm- 3:30pm, and the client arrives at 3:10pm, the shoot will still end at 3:30pm)

Both the CLIENT and the PHOTOGRAPHER are responsible to make the other party aware of any illness. Any adults, children, or babies that have had any vomiting, diarrhea, and/or fever, within 48 hours of the shoot will NOT be permitted to participate. The CLIENT is responsible for informing the PHOTOGRAPHER if anyone in their household (not just those present at the photoshoot) have had any symptoms of illness including, but not limited to, cough, fever, sneezing, runny/stuffy nose, rash, vomiting, diarrhea, or other symptoms in the 2 weeks leading up to the photoshoot.

If the CLIENT needs to cancel the photoshoot for any reason, they must notify the PHOTOGRAPHER as soon as possible. The CLIENT will be allowed to reschedule the photoshoot, without the loss of their deposit, if they notify the PHOTOGRAPHER within 7 days of the photoshoot. The PHOTOGRAPHER reserves the right to refuse the option to reschedule if the CLIENT cancels within 7 days of the session date/time, and the deposit will not be refunded.

SAFETY AND LIABILITY:

Liability:

The CLIENT is aware if they choose to print their images through a personal chosen lab that the quality of the end result print of the digital files delivered is not under the control of the photographer, and the PHOTOGRAPHER from any liability for any potential claims whatsoever based upon discoloration in the end result.

The CLIENT releases any and all employees of THE PHOTOGRAPHER from all liabilities, claims and damages that may result from any accidents or incidents that could have been prevented that may happen during the session.

THE PHOTOGRAPHER is not responsible for any injuries inflicted upon any participating parties. CLIENT(S) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.

The CLIENT shall assist and cooperate with the PHOTOGRAPHER in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer’s direction; pre-shoot consultations; etc. PHOTOGRAPHER shall not be responsible for photographs not taken as a result of CLIENT’S failure to provide reasonable assistance or cooperation.

PHOTO DELIVERY:

The PHOTOGRAPHER will deliver the amount of photos discussed prior to booking.

PHOTOGRAPHER has 2 weeks (14 calendar days) after the photoshoot date to edit and deliver the photos included within the package.

Once the photos have been delivered digitally, they will remain on the website for a minimum of 1 month to a maximum of 3 months. This timeframe will be communicated to the CLIENT when photos are delivered. Once the photos have been removed from the website, there will be a reupload cost of $25.00, should the CLIENT want the photos to be accessible again. The PHOTOGRAPHER will upload the photos once payment has been received in full.

The PHOTOGRAPHER is not liable for any loss of images due to unforeseen technical malfunctions. Should there be a loss of images due to technical difficulties, the photographer will offer a reshoot at no cost to the CLIENT.

The PHOTOGRAPHER is not liable to deliver every image taken at the photoshoot. The determination of images delivered to the CLIENT is left to the discretion of the PHOTOGRAPHER.

RAW and unedited photos will NOT be delivered under any circumstances. The final product delivered by the PHOTOGRAPHER is based off of the PHOTOGRAPHER’S artistic view. The client understands that a request for unedited photos will not be fulfilled.

PRICING:

Photoshoots within a 30 minute drive from the photographer will not incur a travel expense. Photoshoots at the request of the CLIENT more than 30 minutes away will incur a $.50 per mile compensation, round trip. (Ex: If the client wants photos in their home which is 30 miles away: 30 mile there + 30 miles back X $.50 = $30 added to the photoshoot cost)

Basic editing of blemishes, skin tone, colors, tones, and hues according to the PHOTOGRAPHER’S style is included. Any special editing request will be charged $30 per editing hour with a 1 hour minimum.

The PHOTOGRAPHER retains copyright to the photographs, and hereby grants the CLIENT unlimited but non-exclusive rights to use or reproduce the photographs for which the CLIENT pays.

The PHOTOGRAPHER will provide the CLIENT with a photo release for printing.

The CLIENT may not use images delivered by the PHOTOGRAPHER for profit.

PAYMENT:

When and where a deposit is requested and required, that fee secures the session booking at the current price structure. This fee is nonrefundable. The photoshoot date and time is not reserved until the deposit is paid.

Full payment of the photoshoot is required prior to the session.

ELECTRONIC DEVICES:

Cameras, phone cameras, and video are not permitted during the photoshoot, unless approved or requested by the PHOTOGRAPHER.

MODEL RELEASE:

I hereby authorize JMB Photography to publish photographs taken of me, and my name and likeness, for use in the PHOTOGRAPHER's print, online and video-based marketing materials, as well as other PHOTOGRAPHER publications.

I hereby release and hold harmless JMB Photography from any reasonable expectation of privacy or confidentiality associated with the images specified above.

I further acknowledge that my participation is voluntary and that I will not receive financial compensation of any type associated with the taking or publication of these photographs or participation in PHOTOGRAPHER marketing materials or other PHOTOGRAPHER publications. I acknowledge and agree that publication of said photos confers no rights of ownership or royalties whatsoever.

By signing this contract, the CLIENT agrees to irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational, and any other purpose and in any manner and medium. The CLIENT releases any and all claim to profits that may arise from the use of the images.

I hereby release JMB Photography, its contractors, its employees, and any third parties involved in the creation or publication of marketing materials, from liability for any claims by me or any third party in connection with my participation.