Client’s edited images will be completed and uploaded into Client’s online gallery within 30 days after Client’s session date. At that time, Client is welcome to place orders for prints or products directly through Client’s gallery, or Client is welcome to print at a lab/printer of Client’s choice.
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Because there is a limited number of sessions and appointments that J Schmidt Photography has available each month, a non-refundable retainer of $50 is due at the time of booking.
The $50 retainer will go towards the total session fee.
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Please arrive on time for your scheduled session. If you are more than 30 minutes late your session will have to be rescheduled for a fee of $75.
WAIVER OF LIABILITY:
The Client expressly releases J Schmidt Photography, (hereby defined as the Photographer, from all claims, damages, and liabilities that may result from accidents or incidents that may occur during before or after the photo session that result in property damage, physical injury, illness (including but not limited to COVID-19), and/ or bodily harm. Photographer is also not responsible for any damages incurred or caused by Client, Clients party or others before, during, or after Client’s session (i.e. parking tickets, fines, or damage to location or venue, etc.).
FAILURE TO PERFORM:
If Photographer cannot perform this agreement in whole or in part due to fire, flood, or other disaster, acts of nature or terror, or other causes beyond the control of Photographer, responsibility and liability is limited to the refund of the full package amount agreed upon in this agreement. Photographer takes the utmost care with respect to exposure, transportation, and processing of photographs. However, in the unlikely event that photographs become lost, stolen, or destroyed for reasons within or beyond the control of Photographer, responsibility and liability is limited to the refund of the full package amount agreed upon in this agreement. The limit of liability for a partial loss of photographs shall be a prorated amount based upon the percentage of photographs lost. Additionally, Photographer reserves the right to cancel a booking if Photographer will not be able to fully perform the contract as originally signed. If Photographer cancels a booking, all monies paid by Client will be returned, except for any reschedule fees paid.
COPYRIGHT:
All images taken at Client’s session will be copyrighted by Photographer and are protected by Federal Copyright Law. Photographer possess the right to use images, prints, or other works produced from Client’s shoot for display, publication, advertising, etc., without restriction. To maintain the brand of Photographer, please do not edit or alter any images whether it be for print or display on the internet (this includes Facebook, blogs, and filters on Instagram).
CLOTHING:
Photographer cannot be held responsible for damage to Garments due to environmental events. This includes clothing, shoes, furniture, etc. Client is responsible for arranging safe handling and/or personal assistance for the handling of Client’s garments and props.
WEATHER POLICY:
Photographer is an experienced photographer and considers multiple factors in determining if the weather will negatively impact the final images or the experience during the session. If the weather requires the session to be rescheduled, there is no rescheduling fee.
CREATIVE LICENSE:
Client understands that photography is subjective in nature and the final product is a product of the creativity of J Schmidt Photography. Client also understands that the final images edited and delivered are the images that Photographer feel best represent the Photographer's brand, product, and Client’s session. Client also understands that Client will not receive any unedited (RAW) files, Client will not receive every image captured during Client’s session due to Photographer culling duplicate/unfocused images etc.
HOUSE RULES:
Client understand that Photographer is subject to the rules and requirements of any venue used for the session. By extension, any Client of Photographer must also agree to follow the rules of the venue. If Client fail to follow the rules, Photographer reserves the right to cancel Client’s session (yes, mid-session) and will ask Client to leave the venue. Photographer is also not responsible for any damages incurred or caused by Client or Client’s party before, during, or after Client’s session (i.e. parking tickets, fines, or damage to location or venue, etc.). Additionally, please note that all house rules are followed to preserve the relationship of Photographer with the venue. Fines or fees incurred will damage that relationship and therefore, are NOT viable alternatives to following the house rules of the venue. (for example, Photographer will not step off the trail at Albion Basin).
MODEL RELEASE:
Client hereby consents that the photographs taken and delivered of Client and the other members of Client’s party (including minor children) may be used by Photographer for the purpose of display, portfolio, advertising, blog, website, publication or promotion without compensation to myself or the parties involved. Client understands that Client’s image, and that of others in Client’s party including minors, may be edited, copied, exhibited, published, or distributed and Client waives the right to inspect or approve the finished product wherein Client’s likeness appears. Client waives the right to any royalties or other compensation arising or related to the use of Client’s image. By signing this release, Client understands this permission signifies that images of Client and Client’s party may be electronically displayed via the internet. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.
MISCELLANEOUS:
The following provisions are also an integral part of this Agreement: This Agreement shall bind and benefit the parties and their respective successors. Captions are for reference only and are not a part hereof. This Agreement may be signed in counterparts. A faxed or scanned and electronically transmitted facsimile of a signature-bearing page will be conclusive evidence of execution. The Agreement’s provisions are severable. No waiver will be construed as a continuing waiver or consent to a later breach. Rights and remedies are cumulative. This Agreement is the parties’ full and final agreement and may not be modified except in writing signed by all parties. If modifications include additional Sessions or expands the scope of the requested work, the additional amount agreed upon is due at the time both parties execute the Amendment. Time is of the essence of all provisions. This Agreement will be interpreted according to substantive Utah law. The District Court of Utah County, Utah, will have exclusive jurisdiction and venue of any dispute or enforcement proceeding concerning this Agreement. The non-breaching party in any enforcement proceeding will be entitled to an award of all expenses, including reasonable attorney fees, incurred in obtaining redress. Each party has been afforded the opportunity to review this Agreement with its own counsel. Upon reasonable request, the parties will take such further actions as are reasonably necessary to fulfill the intent of this Agreement. No third-party beneficiary rights are intended. Each individual signing this Agreement in a representative capacity warrants his/her authority to bind the party. THE PARTIES UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY MATTER RELATING TO THIS AGREEMENT. The recitals to this Agreement are incorporated herein by reference and made contractual in nature.