1. Scope of Work:
This contract is for services and products related to a photography session (hereafter “session” or “the session”) to take place at the above date and time at Garfield Park in Southeast Washington, DC.
Jess Mitchell Photo agrees to provide no fewer than 5 digitally edited, licensed images for CLIENT and is not required to provide more than this number of images. Jess Mitchell Photo will provide photos to CLIENT no more than thirty days (30 days) after the date of the session unless agreed upon otherwise.
2. Fees:
In consideration for the session provided by Jess Mitchell Photo, CLIENT agrees to pay the full $100 session fee upon signing this contract. Jess Mitchell Photo agrees to not advertise availability of this same time slot to any other potential clients.
No refunds will be issued if CLIENT cancels the session less than 24 hours prior to the day of the session detailed in Section 1: Scope of Work.
In the event of an illness or emergency, CLIENT will call or text as soon as possible to reschedule. Jess Mitchell Photo maintains the right to reschedule at any time should it become necessary but will do the utmost to negotiate a mutually acceptable rebooking.
Jess Mitchell Photo will not start any editing on images from the session until all payments have been finalized.
3. Work Product
The digital photographs produced by Jess Mitchell Photo are protected by the International Copyright Law (all rights reserved) and Jess Mitchell Photo retains the copyright to all photos and images produced. CLIENT will receive digitally edited, high-resolution copies of the photos via a password-protected digital gallery. CLIENT is free to print or share them at will. Tagging images proved by Jess Mitchell Photo on social media is not required but appreciated.
The client agrees to obtain written permission from Jess Mitchell Photo prior to the CLIENT (or assigned agents) publishing or selling the photographs for profit.
Jess Mitchell is not held liable for the quality of printed materials (canvas, albums, prints) if CLIENT makes purchases outside of the suggested printers.
Jess Mitchell Photo does not provide or sell RAW/UNEDITED images.
4. Indemnification:
4.1- Jess Mitchell Photo and CLIENT agree that Jess Mitchell Photo is under no obligation to capture any specific moment or pose or person(s) during the session.
4.2- If Jess Mitchell Photo is unable to perform the services in this contract due to any cause outside its control, CLIENT agrees to indemnify Jess Mitchell Photo for any loss damage or liability; however, Jess Mitchell Photo will return in full all payments made by CLIENT to Jess Mitchell Photo in relation to this session.
4.3- CLIENT agrees to indemnify and hold harmless Jess Mitchell Photo for any liability, damage, or loss related to technological failure, including data loss.
4.4- CLIENT understands and agrees that Jess Mitchell Photo is not required to maintain copies of the photos from this shoot 180 (one-hundred, eighty) days after the photos have been delivered to CLIENT.
4.5– CLIENT agrees to hold Jess Mitchell Photo harmless for any personal injury which may occur as the CLIENT poses or works with Jess Mitchell Photo.
4.6 - CLIENT agrees not to use any social media filters on the images or digitally alter the images provided by the photographer. Using any kind of filters alters Jess Mitchell Photo's work.
5. Model Release
CLIENT grants permission to Jess Mitchell Photo and its assigns, licensees, and sublicensees, permission to use CLIENT and those listed above's image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses, unless requested otherwise by CLIENT. Therefore, Jess Mitchell Photo may use CLIENT and those listed above's likeness and image on Jess Mitchell Photo's website or other advertising.