By using this Site, you agreeing to the terms and conditions of our Contract & Release Forms (updated 2018.11.01) as reflected by the latest updated version below. (We are working quickly to get the latest version posted. Check back soon.)
Contract & Release Forms (Abbreviated Version*)
Updated: October 30, 2020
*You are strongly encouraged to read the full terms and conditions of our Contract & Release Forms (2020.10.30 JWP Contract & Release Forms).
If you have any questions about these Contract & Release Forms, please contact us by email: firstname.lastname@example.org
TERMS AND CONDITIONS & SIGNATURES
TERMS AND CONDITIONS: For the terms and conditions of this contract, “US/WE/OUR” refers to Joanna Wright (DBA J.Wright Photography, JWP, JWP Families, JWP Headshots, and/or JWP Creates) and “USER(S)/YOU/YOUR” refers to the person(s) identified above (see “Client Info”) and the person(s) they represent (see attached Guardian Consent Form). All fees outlined or discussed shall be paid in USD.
PHYSICAL & DIGITAL SIGNATURES: This contract becomes effectual on the date signed by YOU in conjunction with YOUR paid retainer fee, and both parties (US and YOU) are bound by all of the terms set out in this photography services contract. A digital signature at the time of booking on OUR Acuity Scheduling website calendar is considered YOUR binding signature for this agreement even if YOU have not yet physically signed this contract. By initialing each article and item in this contract, YOU acknowledge that YOU have read, understood, and shall comply with all of the terms as they are outlined in this document.
(Digital signature obtained by on / /2020 via JWP’s Acuity Scheduling website calendar.)
1. SESSION RETAINER/PACKAGE FEES & RESCHEDULING
RETAINER & SESSION FEES: The session retainer fee (as outlined above) is nonrefundable for any reason unless WE do not show up to the engagement at the date listed above (see Article #8). The remaining session fee balance plus applicable taxes and fees (see Article #7) minus the paid retainer shall be collected on the day of the session and is nonrefundable. The session retainer fee is for time and talent and does not include physical product of any kind. Unless otherwise specified, the session package fee covers up to 20 minutes per mini session and 50 minutes per full session.
RESCHEDULING: If YOU are unable to make YOUR session time, YOU may credit YOUR retainer fee towards a future session (within three months of YOUR originally scheduled date and time) without forfeiture of YOUR retainer fee. If YOU request to reschedule YOUR session for a second time, then this contract will expire, a new nonrefundable retainer fee must be paid, and a new contract must be signed by both parties. With the exception of mini sessions, if the scheduled session is located outdoors, WE or YOU may request a reschedule within 2 weeks of the original date due to extreme rain, thunderstorms, lightning, freezing rain, sleet, snow, hail, tornadoes, ice, and/or any other Acts of God without forfeiture of the retainer fee.
2. IMAGE SELECTION & DELIVERY
IMAGE SELECTION: In order to protect the OUR brand, WE will select all images to be edited and compiled in a proof sheet and/or online gallery for YOU to select their allotted number of images. A proof sheet will NOT be provided for mini sessions unless requested by YOU in writing no later than 24 hours before the scheduled session; otherwise, mini sessions will receive 10 fully edited high-resolution images for download within 2 weeks of the original session date. Full sessions will receive a minimum of 20 fully edited high-resolution images for download within 4 weeks of the original session date.
DELIVERY OF DIGITAL IMAGES: All digital images will be delivered via an online gallery to YOU. Unless requested, YOUR online gallery will not be password protected but may require email registration for access. YOU will have access to YOUR online gallery for 30 days from the date of delivery (DoD). YOU can download YOUR photos in original resolution (suitable for larger prints), high resolution (suitable for typical sized prints), and web resolution (for sharing on social media). Standard files will be delivered in a 2:3 aspect ratio unless otherwise labeled or requested. Clients may minimally crop photos to suit their printing needs. (See Article #3 for more details.)
GALLERY REACTIVATION: Expired galleries may be reactivated for a weekly fee of $25 per week up to six months from the DoD. If YOU request to reactivate YOUR archived expired gallery from 6 months to 1 year from the DoD, YOU will be charged an additional $100 fee per month to reactivate the archived gallery. WE cannot guarantee expired gallery reactivation beyond 1 year from the DoD. (See Article #7 for additional details.)
(Specify dates of gallery reactivation: ___________________________________________, gallery reactivation fees: $___________)
IMAGE RETENTION & CLIENT RESPONSIBILITY: WE will retain the selected images for 1 calendar year from the DoD, and YOU are responsible for downloading, saving, and/or backing up YOUR files within that time frame. WE are not liable for loss of images due to YOUR negligence in YOUR responsibility to retain and/or backup YOUR image files in the allotted amount of time.
DELIVERY OF PRINTS AND/OR PRODUCTS: When applicable to YOUR session, all ordered prints and/or products will be delivered to YOU within 3 weeks of YOUR selection. Any additional digital images, prints, and/or products ordered after YOUR initial selection will be delivered within 3 weeks of the later order date.
(Specify original order date & products: ___________________; Specify additional order date(s) & products: ___________________)
3. COPYRIGHT, RELEASES, & RIGHTS
PHOTOGRAPHY COPYRIGHT: Photography copyright laws provide US the exclusive right to make copies of OUR work, prepare other works based on a copyrighted photograph, sell or distribute copies of the work, or display the work publicly. WE retain the copyright to the images taken during this session and reserve the right to display, publish, exhibit, alter, sell, and disseminate images in any way, including, but not limited to, digital and/or printed portfolios, advertisements, and promotions.
RELEASES: If YOU wish for YOUR images to not be displayed publicly or on the Internet, YOU may opt out on the attached Model Release Form. WE hereby grant YOU unlimited, but non-exclusive, rights to reproduce the photographs for which YOU pay and for YOU to display the images on social media while providing the Photographer proper credit for the images (see attached Print Release Form). YOU do not have the right to sell or profit from OUR images in any way unless YOU purchase the copyright from US for each photo at an additional expense TBD by US at the time of the request.
RIGHTS OF THE CLIENT: To protect OUR brand, style of editing, and post-processing techniques, YOU do not have the right to edit OUR images in anyway, including, but not limited to, applying filters, excessive cropping, and editing the images in Photoshop or any other photo editing software, nor do YOU have the right to profit from OUR images in any way (see attached Print Release Form). YOU understand that these images may be reproduced as high quality prints up to 8”x10” (though most can be enlarged up to 20”x30” or larger).
4. CREATIVE ASSISTANCE & IMAGE EDITING/RETOUCHING
CREATIVE ASSISTANCE: YOU shall assist and cooperate with US in obtaining YOUR desired photographs, including, but not limited to, specifying persons and/or scenes to be photographed. These terms may be discussed in the pre-consultation in addition to YOUR specific image sizing needs. WE shall not be responsible for photographs not taken as a result of YOUR failure to provide reasonable assistance or cooperation on behalf of YOU and/or the person(s) that YOU represent. WE cannot liable for images desired that were not able to be obtained due to YOUR negligence or the person(s) YOU represent. The items of delivery outlined in Article #2 are contingent upon YOUR cooperation. The signing of this contract states that YOU understand that it is YOUR choice to participate in these photos, and YOU will not hold US responsible for any negative actions or feelings that may commence due to the images obtained during this session (see Article #9).
IMAGE EDITING/RETOUCHING: WE will provide standard editing and retouching as seen fit by US to coincide with OUR brand and style of editing. Standard editing and retouching includes cropping, straightening, color correction, blemish removal, and other touchups/edits as seen fit by US. Any other touchups requested by YOU (slimming, head swaps, excessive fly away hairs, removal of excessive and/or large objects, etc.) outside of the standard included edits will be billed to YOU at a rate of $10 per image or a rate of $100 per hour billed in 15 minutes increments, whichever is more beneficial to YOU.
5. CONFLICT RESOLUTION
WE cannot be held legally responsible through civil or criminal legal actions (i.e. Claims of Negligence) should YOU be dissatisfied with the overall quality of the OUR work. In the event that WE or YOU are dissatisfied with the results of this session, WE and YOU will speak in person or on the phone to address specific concerns, and WE will, under reasonable circumstances, reedit the photographs at YOUR request or request another shoot for no additional fee to YOU. YOU agree to follow the terms of non-disparagement as outlined in this contract (see Article #9).
6. INDEMNITIES, LIABILITY, & ATTORNEYS’ FEES
WE shall take all necessary precautions to prevent the occurrence of any injury to YOU or YOUR property during the session. Except to the extent that any injury or damage is due solely and directly to US, YOU shall release, defend, hold harmless, and indemnify US against any and all suits, actions, or proceedings, at law or in equity, and from any and all claims, demands, losses, judgments, damages, costs, expenses, or liabilities, including without limitation claims for personal or property damage, resulting from or in any way connected with any act or omission by YOU in connection with, but not limited to, all of the representations, warranties or covenants contained in this Agreement.
In addition, YOU shall indemnify, defend, and hold US harmless from and against any claims, costs, or expenses, including, but not limited to, reasonable attorneys’ fees and/or medical expenses. WE cannot be held legally responsible for any expense or liability incurred as a result of OUR participation in this session or in the event that YOU, YOUR family, those YOU represent (listed on page 1 of this agreement and/or on the Guardian Consent Form), or anyone else involved in the photography session becomes injured or if any clothing becomes dirty or damaged before, during, or after the shoot. In the event that YOU are in direct violation of this agreement, take US to court for any reason, and/or YOU are sued by US for a breach of contract, YOU shall be held liable for covering any and all of OUR attorney and court fees.
7. TAXES, FEES, & ADDITIONAL EXPENSES
YOU shall be held responsible for paying applicable sales tax (for the county in which the session takes place) on the session and retainer fees and/or products that YOU purchase from US. The sales tax will be calculated into the final cost and will be reflected on YOUR invoice. Any additional expenses will be calculated and reflected on YOUR invoice. These may include and are not limited to permit fees of locations that require them, mileage expenses outside of a 60-mile radius of OUR business address, additional time over the allotted amount outlined in Article #1 to be billed in 15-minute increments, reactivation of expired galleries, archived gallery reactivation fees, and travel & time fees for studio set up in YOUR home. YOU may refer to OUR rate sheet at the time of signing this contract for costs of additional expenses.
8. FAILURE TO COMPLY
In the event of an emergency, equipment failure, or other unforeseen circumstance, WE will refund YOUR retainer and session fees but claim no further liability beyond that, and this contract will become null and void.
For the purpose of this article, “disparage” shall mean any negative statements, reviews, comments, or feedback, whether written or oral, about US or services provided by US. YOU agree that YOU will not disparage US or post any negative statements, reviews, comments, or feedback about US or the services WE provide to any third party, whether orally or in any written publication or online forum, chat room, or message board, including but not limited to Facebook, Twitter, Yelp, Instagram, and Google.
In the event that YOU are dissatisfied with OUR services and/or images produced during the contracted session, YOU agree to speak with US regarding YOUR opinions, and WE agree to do everything in OUR power to ensure YOUR overall satisfaction (see Article #5). Both parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a failure to comply with this provision. Both parties agree that, in the event it is established that YOU have failed to comply with this provision, liquidated damages of $__________________________* (amount to be inserted after WE have consulted OUR lawyer) in addition to OUR attorney and court fees and costs shall be payable to US by YOU.
*_____________ _____________ Both parties agree that the dollar blank in the preceding paragraph in Article #9 of this contract is blank at the time of signing this contract and will not be filled out unless amended in writing and signed by all contracted parties.
10. ACCEPTANCE OF TERMS AND CONDITIONS
YOU state that YOU are 18 years or older, and, if not, YOU must have a parent or legal guardian sign this contract as well as the attached Guardian Consent for Models Under 18 Form. By signing this contract, both parties state that they have read, understand, and agree to the terms and conditions of this photography service agreement, and both parties agree to be bound by and comply with all of the terms and conditions of this agreement. This contract is the entire agreement of both parties. No other terms or conditions are expressed or implied. Any additions, corrections, or modifications to this contract must be in writing and signed by US and YOU. Verbal modifications are not enforceable at any time.
This contract shall be governed by the laws of Forsyth County in the State of Georgia and any applicable Federal law.