A. Session Fees / Location Fees
The session cost is due at or before the time of the session. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and images delivered. Additional editing is available at additional expense to be determined by photographer.
If there are any costs/fees associated with the location the client has chosen (admission fees, photography fees, etc) for their session, the client will be responsible for those fees. Session fees cover travel within 90 miles of Dickinson, ND; additional travel will be subject to a charge at the rate of $0.54/mile.
Example: Trips from Dickinson to Fargo: 584 miles round trip, minus 180 (the 90 miles on either end, which are free) = 404 miles round trip. 404 miles x $0.54/mile = $218.16, which is added onto your session fee.
Destination services will be subject to more travel fees including travel expenses (cost of flights, lodging for two nights, and transportation).
Portrait Payment - All payments are due in full at the start of session, unless payment arrangements or payment plans have been arranged. Images will not be processed until full payment is received, or unless otherwise discussed.
Wedding Payment - A non-refundable $300.00 deposit (taken out of total package cost) is required for the booking of any wedding package. Remainder of total package fee is due anytime before the wedding, up until the day-of, either in full, or through a payment plan, which must be determined at the time of booking. Deposit is to be paid in full to hold the scheduled day. $300 Wedding deposit is non- refundable under any circumstances following cancelation on Client's part. Photographer reserves the right to cancel under any circumstance, allowing refund of deposit and package fees.
Cash, PayPal (sent to firstname.lastname@example.org), Venmo (@jerzyellanna), and checks are acceptable. Checks are to be made out to "Jerzy Ellanna."
C. Rescheduling / Cancelations
Photographer reserves the right to reschedule sessions (excluding weddings/events) due to illness, poor weather, equipment malfunction, or other circumstances beyond their control.
Sessions, Events, or Weddings that are rescheduled may transfer paid fees and deposits to rescheduled date. If unable to reschedule, or Client wishes to cancel, Client forfeits all session fees and deposits. If Client wishes to cancel Wedding coverage plan, and not reschedule, under any circumstances, client forfeits all paid deposits and package fees.
D. Re-Shoots / Refunds
Re-shoots for sessions (excluding weddings) are determined at the discretion of the photographer. Re- shoots and refunds will not be given for client's poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
Refunds for sessions (excluding weddings) will also not be given for regard to the length of time it takes to finish editing the session, or for any dissatisfaction, for whatever reason, with the all images. Additional editing is available at additional expense to be determined at the discretion of the photographer.
Wedding deposits are non-refundable, and will not be granted under any circumstances. Refunds for wedding package fees (excluding non-refundable deposit) is subject to photographer's discretion, due only to cancelation on photographer's part, or due to natural or man made disaster, mandatory federal quarantine, or civil unrest.
E. Model Release
I hereby give to Jerzy Ellanna, of Jerzy Ellanna Photography the absolute and irrevocable right and permission with respect to the photographs that she has taken of myself and/or my minor child in which he/she may be included with others:
a) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising, trade, marketing, stock, and; I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
F. Photo Delivery
All images will be delivered to the client in an online gallery for direct download within the time frame established by the photographer. A gallery link will be send to the email(s) provided in above form, which the client may share with family and friends.
Around six to twelve months after session, all images may be purged from photographer’s hard-drive and digital archive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control. Photographer is not responsible for the images once they have been downloaded by the client. Galleries can be re-uploaded at request, if the images have not been purged, for a $50 fee, in which the gallery will be available again for one month for download once payment has been made. This payment is made through PayPal or Venmo.
Client assumes all responsibility for the safety of all images upon delivery. If images for any reason become damaged or lost prior to delivery to the client, a refund will be issued, or a re-shoot will be scheduled.
After six to twelve months of session date, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control. Photographer is not responsible for the images once they have been downloaded by the client. A $50.00 fee is required for all re-uploads of client galleries after the original gallery has been downloaded or has been delivered for 3 months with no action. Galleries will only be available online for 3 months after the original delivery.
Photographer is not responsible for any injuries incited 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.
Jerzy Ellanna Photography retains all copyrights to all images created during client’s session, wedding, or event. The client does not receive rights to resell, re-edit, personally market, or make any kind of profit off of the photographer's work. The print release does not allow publication of the photos for profit (i.e. entering in contests), or selling or altering of your images without the photographer’s written permission, unless used in advertisement or branding designed for promotion of company or brand and not for profit off of images themselves.
Re-posts of images on any social media platform or public space should include photo credit.
J. Print Release
A confirmation of the signing of this form will be emailed to the client, to serve as a print release, to print photos for personal use at any extent. Upon signing this contract, the client receives legal rights to print the photos delivered by the photographer. The client does not receive rights to resell, re-edit, personally market, or make any kind of profit off of the photographer's work. The print release does not allow publication of the photos for profit (i.e. entering in contests), or selling or altering of your images without the photographer’s written permission, unless used in advertisement or branding designed for promotion of company or brand and not for profit off of images themselves.