Agreement: This Photography Agreement (referred to in the remainder of this document as the Agreement) contains the entire understanding between Jacqui May Photography and the Client. It supersedes all prior and simultaneous agreements between the parties.
Reservation: A signed Agreement and $50 session retainer are required to reserve the specified coverage. The remaining $200.00 is due at the beginning of the mini session and is due in cash or check. If the session is rescheduled or cancelled by the client less than 72 hours prior to the session, the fee will not be returned or applied towards the rescheduled session. If the client arrives late to their mini-session time slot or fails to appear for their time slot thier session fee and session time is non-refundable or transferable. Clients are encouraged to arrive 5-10+ minutes prior to their scheduled time in order to guarantee full use of their time.
Payment: The 2019 Mini Session includes 15-20 minutes of photography and 7 digital photographic files for $250. Additional digital photographic files will be available for purchase before or after the session for: 1 digital file $30, 3 digital files $75, 5 digital files for $120 or the remaining digital files for $200. Promotional prices for digitals, prints and products are valid for a period of thirty days after the date of your session. The total balance due for any orders placed must be paid in full prior to any work beginning on the ordered images or products.
Shooting: Jacqui May Photography may end the session at their discretion according to our determination of having captured adequate images both in terms of quality and quantity. If the session is ended prior to the maximum amount of time, there will be no refund or credit for unused time. Jacqui May Photography reserves the right to refuse a requested location for any reason.
Editing and Proofing: In person or Online Proofing Gallery will be available approximately two week from time of shoot. Any proofing product ordered, viewed at your viewing session, or online will all be individually corrected for color balance, density, contrast, etc. There may be light retouching applied to any proof images. Any prints that are ordered or used in a custom book will receive individual attention in the form of retouching, enhancement, selective area adjustments, artistic enhancements, etc. Retouching means correcting various elements in an image such as: litter, distracting elements, and minor physical imperfections (bags under eyes, teeth whitening, eyes whitening, clearing of skin, major stray hairs, etc.). Jacqui May Photography is granted total artistic control over the final image and the client understands that these are the steps we will take when referring to retouching. Any requested retouching over that specified above will be billed at $50 per hour.
Due to the large amount of storage space required for digital imaging technology and the large quantity of images created per year Jacqui May Photography guarantees storage of digital images for 90 days after proofing. After that time Jacqui May Photography may delete those images at their discretion.
Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment.
Copyrights and Use
Photograph Copyrights: Until final payment for services rendered is made, the photographs produced by Jacqui May Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without written permission. Upon final payment by the Client, limited copyright ownership of the Photographs will be transferred to the Client under the following conditions:
Any concerns that the client may have regarding the functioning of their digital download or the quality or nature of the images contained therein ("images") must be reported to Jacqui May Photography in writing within 60 days of client’s receipt of the download.
Jacqui May Photography holds no responsibility for the quality of any print or photo product incorporating these images purchased through a third party print lab or service other than those designated and used by Jacqui May Photography.
The Client agrees not to make copies for sale or for the purpose of circumventing sale of the images by Jacqui May Photography. The Client must obtain written permission from and compensate Jacqui May Photography prior to the Client or its friends and relatives publishing or selling the photographs for profit.
Model Release and Exhibition: Client agrees that Jacqui May Photography, its licensees, or assignees can use the Photographs either separately or together, either wholly or in part, in any way and in any medium at any time, for any purpose, including advertising. Client waives all rights to claims for defamation, violation of rights of privacy, and publicity, without limitation. Jacqui May Photography, its licensees, or assignees may alter or retouch any of the Photographs without Client’s permission, prior approval, or consent. Client further agrees that the Photographs and any reproductions shall be deemed to represent an imaginary person, and that Jacqui May Photography or any person or persons authorized by or acting on its behalf may use the Photographs or any reproductions of them for any advertising purposes or for the purpose of illustrating any wording. Client under stands and agrees that no such wording shall be considered to be attributed to Client personally unless Client’s name is used. Provided Client’s name is not mentioned in connection with any other statement or wording which may be attributed to Client, Client undertakes not to prosecute or to institute proceedings, claims or demands against either Jacqui May Photography or its agents in respect of any usage of the Photographs.
Limit of Liability: In the unlikely event that the photographer is injured or becomes too ill to photograph the event at the designated time, Jacqui May Photography will make every effort to reschedule the shoot. If the situation should occur and a suitable date and time for rescheduling cannot be arranged responsibility and liability is limited to the return of all payments received for the event package. Jacqui May Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that the Photographs have been lost, stolen, or destroyed for reasons within or beyond Jacqui May Photography’s control, liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Every effort will be made to assure the Client’s satisfaction according to industry standards. Any artistic interpretations by the photographer will be deemed acceptable and correct. If the Client is not satisfied with their images through fault of Jacqui May Photography the images will be retaken. If the Client is not satisfied with their products through fault of Jacqui May Photography they will be replaced. Notification of dissatisfaction must be received in writing within one week of receipt of images or upon receipt of product(s) for replacement. Jacqui May Photography cannot be held responsible for dissatisfaction due to circumstances beyond their control. In the event that photographic materials are damaged or lost through camera or computer malfunction the photographer liability will be limited to a retake of the session whenever possible or a refund of the cost of session fee if images cannot be retaken. If the session fee must be refunded, Jacqui May Photography will have no further obligation to the client.
The client agrees to relay the details of this contract to any and all subjects involved in the session.