My client agreement serves as a space holder for mutual clairty, respect and trust with all of my clients for the services that I provide.
FEES & PAYMENT
The Photographer’s Fee (Session Fee) is due in full at the time of signing this Agreement. This fee is non-refundable and is separate from the digital negatives and or print products that may be ordered at the gallery reveal appointment.
The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to selecting the location or locations where the photoshoot will take place; taking time to pose for photographs at the Photographer's direction; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs that are not to the Client’s liking as a result of the Client's failure to cooperate with the Photographer’s professional recommendations and suggestions.
SHOWING UP LATE
If Client fails to show up at the scheduled time, including to any makeup, hair, or styling appointments ahead of the photoshoot, Photographer retains the right to reschedule the session and related appointments for another date with no further liability due to the rescheduling. Each appointment and scheduled session requires a great deal of prep work ahead of time, so arriving late causes a ripple effect of problems for the team. If Client will be late for any reason, Client must notify Photographer as soon as possible by text message or phone call to 607-351-2536
If Client fails to show up for the scheduled appointments and/or photoshoot, Photographer has the right to refuse to reschedule and will be under no further obligation to Client. The Session Fee will not be refunded. If the Photographer agrees to reschedule the session, Client must pay a non-refundable rescheduling fee of $100 at the time of rescheduling.
All appointments that are cancelled due to an emergency may be rescheduled within 30 days of the cancellation date. If the second scheduled appointment is cancelled for any reason other than bad weather or an emergency, the photographer fee will be refunded at 75% of the original cost paid to the photographer. After a second cancellation, the photographer reserves the right to not make any further appointments with the client. Please keep in mind that when I reserve a time for you, it makes it so that I’m unable to book other clients.
Cancellations due to bad weather are made at the photographer’s discretion and include but are not limited to: the event of all day rain, thunderstorms, snowstorms, or hail on the day of the appointment. The client is responsible for dressing appropriately for the weather, and is encouraged to bring multiple outfits.
*Do keep in mind, when making an appointment, that most likely you will not get a perfect sunny 70 degree day. We live in Upstate NY, and the chances of that are very slim. When scheduling in the spring and fall, and winter it could very likely be in the lower 30's. That is not enough reason to cancel a session. Please note that I will not photograph outdoors if the temperature is below 20 degrees, in those cases, I reschedule.
COPYRIGHT AND REPRODUCTIONS
The Photographer shall own the copyright in all images created and shall have the exclusive right
to make reproductions (physical or digital). The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, marketing, entry in photographic contests or art exhibitions, editorial use, website, or for display within or outside of the Photographer’s studio.
The Client is obtaining printed products or digital images for personal use only, and shall not sell said printed products or digital images. Whenever possible, Client shall post or share the Photographer’s information adjacent to the photograph. Photographer is granting to Client the unlimited license to use the images for personal use only. The client may not enter images into any online photography competitions.
FAILURE TO PERFORM
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the Session Fee to the Client, but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
PHOTOGRAPHER’S STANDARD PRICE LIST
The charges in this Agreement and during subsequent ordering appointments are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time the order is placed.
The client agrees to attend a gallery reveal appoinment within 30 post the portrait session date. Payment and or payment plan arrangments for collections are expected to take place at the gallery reveal appointment. There is no minimum purchase requirement, and no pressure to purchase anything.
All digital negatives go into my back up archives for 30 days after a session. If no order is placed within 30 days a $150 archival fee is assessed to store your images for up to 5 full years or you can choose to have them permantenly discarded. Should you choose to purchase your images in the future, the $150 archival fee is applied as a credit towards your purchase.
WARRANTIES AND REPRESENTATIONS. Each party warrants that it has the right and power to enter into this Agreement and an authorized representative has executed this Agreement. Jamie Love Photography™ warrants that the Services will be performed in a professional manner in accordance with recognized industry standards. Jamie Love Photography ™ EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER Jamie Love Photography™ EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW.
LIFETIME OF PRODUCT
Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as USB media which may deteriorate due to delamination and oxidation, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.
LIMITATION OF LIABILITY. MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY CLIENT FOR THE SERVICES FROM WHICH THE CLAIM AROSE. IN NO EVENT SHALL Jamie Love Photography BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA OR INJURY, HOWEVER ARISING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
No modification to this Agreement nor any failure or delay in enforcing any term, exercising any option, or requiring performance shall be binding nor construed as a waiver unless agreed to in writing by both parties.
Any cause of action brought by Client against Jamie Love Photography™ must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees’ (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of New York and agrees that those courts have personal jurisdiction over each party; (iii) venue will be in New York; and (iv) the parties will submit the dispute to mandatory mediation held in New York or through an online mediation service agreed upon by all parties. If the parties cannot agree on a mediator, then any party may apply at any time to the presiding judge of the Superior Court for the appointment of a mediator, and the judge’s selection is binding on all parties. The parties will share equally (50/50) in all costs of the mediation, including the mediator’s fees, but each party is solely responsible for its own attorneys’ and experts’ fees. Every mediation will be completed within 4 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 4-month period, then the parties may continue seeking to resolve the dispute via any process, including litigation by trial or in Small Claims Court.
In no event shall Jamie Love Photography™ be liable for any consequential, punitive or multiple damages of any kind.
GENERAL. This Agreement shall be governed by the laws of the State of New York excluding choice of law principles. Except as otherwise specifically stated herein, remedies shall be cumulative and there shall be no obligation to exercise a particular remedy. If any provision of this Agreement is held to be unenforceable, the other provisions shall nevertheless remain in full force and effect.
This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and may only be amended or modified by a writing signed by a duly authorized representative of each party. This Agreement replaces and supersedes any prior verbal or written understandings, communications, and representations between the Parties regarding the subject matter contained herein. All proposed variations, edits, or additions (whether submitted by Jamie Love Photography™ or Client) to this Agreement are objected to and deemed immaterial unless otherwise mutually agreed to in writing.
CONTACT INFORMATION. If you have any questions or concerns, please contact Jamie Love Photography™ by email at email@example.com or by phone at 607-351-2536.
By signing in the box below, I acknowledge that I have fully read this client agreement, and agree to the terms and conditions above.