Model Release/Contract
ENTIRE AGREEMENT: This agreement contains the entire understanding between Jessica Jo Photo and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties waive one provision of this agreement that does not mean that any other provision is also waived.
Payments - Payment must be made in full, at time of booking unless a payment plan is agreed to at the time of booking. If the client fails to remit payment within 1 business days of requesting the agreed upon shoot date, Jessica Jo Photo reserves the right to cancel the shoot due to non-payment and make the session date available to other clients. Package cost is locked in at date of payment in full, prices may increase without notice. Payments made in full will not be subject to price increases. Payment methods accepted include cash delivered to Jessica Jo Photo's place of business or home, Venmo, GooglePay, Zelle, these platforms do not charge a fee and pricing is developed to accommodate these methods. JJP agrees to asses a convenience charge to offer PayPal, Square, etc to best suit your needs which includes Venmo seller fees. If the choice to use one of these elements is made, an additional invoice will be sent to cover these cost.
Travel outside of 10 mile radius of zip code 80206 will incur a travel fee. All sales are final. Weekend upgrade applicable, inquire for current rate.
Gift certificates, special offers, canceled/not reschedule sessions and credits of ANY nature are nontransferable, are not redeemable for cash. Sessions that do not take place for any reason and are not reschedule within 9 months time will forefit the session, no exceptions will be made. Gift certificates expire 12 months after issue date.
Cancellations & Rescheduling - Cancellations must be made 48 hours in advance of session time. All cancellations forfeit your retainer as retainer is non-refundable. No refunds will be given for canceled sessions. Once contract is signed and payment is complete, Jessica Jo Photo (JJP) shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that client cancels the contract for any reason, all monies paid shall be retained by JJP to offset loss of business. ANY request to reschedule less than 48 hours in advance of the agreed upon session date and time will incur 175 dollar rescheduling fee and must be paid immediately to reserve your new date. Each clients is offered one reschedule credit. If a session reschedule is requested twice, a fee of 175 dollars will be assessed. All monies paid will be held and applied to the rescheduled session. Rescheduled/postponed sessions expire one year from initially agreed upon session date, if session occurs after six months from rescheduled date, an update to current package price may apply.
Limit of Liability - If the Photographer cannot perform this agreement due to illness, fire, casualty, or act of God, the Photographer shall return the sitting fee to The Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, or other cause beyond the control of the parties. Client will hold the Photographer harmless for any claim of liability arising from the Photographer's inability to photograph Client. Photographer is not liable for the health and safety of the Client at any point before, during or after the session.
Session Length - If procuring a mini session, session will end promptly at agreed upon end time to accommodate additional mini sessions. If procuring one - two hour session, the session may not last an entire 120 minutes. For hour long sessions, JJP offers 65 minutes of included time, any additional will incur 150 dollar upgrade for additional time without notification.
Permissions and Fees for On-Location Shoots - The Client shall be fully responsible for securing permission to use private or public venues for on-location photo shoots. The Client assumes responsibility to pay all fees associated with shooting at the Client’s chosen location(s), including but not limited to fines and fees of ANY kind, permits, parking fees, and admission fees. JJP will offer locations based on the type of shoot, weather, time of day and limitations of participants. If Client desires a location not suggested by JJP, JJP agrees to travel to one Client desired location prior to the session to ensure it may be used for Client’s session for a 75 dollar fee.
PPE and Client Health - Client health and the health of the collective is of utmost importance. If anyone is feeling at all unhealthy (includes running noses and coughs) on the day/week of the session, the session shall be rescheduled for a fee. If can family members present with these symptoms on session day, the session will immediately end and be rescheduled for full session fee. JJP shall not responsible for enforcing client's wearing of masks or any other PPE and shall not be held responsible for photography opportunities lost as a result of the Client’s failure to execute the aforementioned. JJP shall not be responsible for client's health in any regard, whatsoever.
Replicating Other Photographer’s Work - Pinterest may be leveraged to communicate session style preferences, wardrobe and prop inspiration. Client understands that JJP is open to inspiration but also requests creative freedom. If client presents more than four Pinterest images to replicate, it may interrupt the flow of the session. JJP requests that any poses or photo inspiration that Client prefers to include is communicated prior to session date.
Guarantees & Retakes - JJP makes every effort to ensure that the images created are beautiful. Photography is, however, subjective from viewer to viewer and photographic results will vary given the venue, weather conditions, time of year, time of day, as well as a host of other elements completely out of JJP’s control. As such, JJP is unable to offer any kind of guarantee regarding client’s “like for the final product”. Also, for the above reasons, JJP does not provide complimentary retake sessions or re-edit photographs. JJP may choose to provide additional edits for a fee. Once photos have been delivered, JJP holds no obligation to provide additional editing to given files and upon delivery of photos. Upon delivery of photos, Client has responsibility to care for files and JJP is not liable for lost files. Files may not be kept after confirmed delivery to Client. There will be absolutely no refunds, under any circumstances.
No other cameras including phones are allowed at the session aside from those employed by JJP. This includes cell phones.
Number of Participants - JJP requests the names and ages of children that will be photographed at the time of booking. The agreed upon price includes only the contractually agreed upon number of participants. Additional persons photographed may be added for a fee.
Use of Images - JJP maintains the right to use all images for professional use at any time, including but not limited to portfolio, website, blog, social media, client samples, advertising, sharing with other vendors involved in the photo shoot, or for display purposes. JJP shall own the copyright of all original images. JJP shall use images for any of these purposes at any time, and shall not need the Client’s consent to use images for any reason.
Multiple Session Collections - Client may purchase investment collections offering multiple sessions during baby’s first year. All sessions from Baby’s First Year Collections must be used within 13 months of baby’s birth date. Client is responsible for scheduling milestone sessions. If milestone sessions (3, 6, 9, 12) are missed, not booked or photographed, for any reason, JJP WIL NOT offer refunds or additional dates of any kind under any circumstances, no exceptions will be made. Sessions MUST BE BOOKED AT LEAST THREE MONTHS APART. Again, no expections will be made. Client may be offered a payment plan. Payments must be made prior to specified invoice due date. A $50/day late fee will be charged for payments not received prior to due date. Payment is required to reserve session dates. Sessions must be booked with at least 90 days between milestone sessions unless arranged at booking. Weekend upgrade applicable to any maternity, milestone or newborn session, inquire for current rate.
Photos that fit the agreed upon nature of the session will be offered. If client(s) would like to feature a parent headshot during a milestone, family, newborn or similar portrait session, the photo may be purchased separate from the included collection files at the cost of 125/image.
Image Expiration - JJP is not obligated to retain Client images after delivery to Client. Additional gallery extension after gallery expiration will be charged a fee for re-extension. No exceptions will be made to fees. Any gallery that is re-extended after expiration will be charged a 35 fee. Galleries expired more than 60 days from delivery date will be accompanied by a 45 fee, 90+ days after initial delivery date charged a 75 fee, over 90 days will be charged a 95 fee, over 12 months a 275 dollar fee.
Delivery timeline - Requests for expedited images will be offered, client's images may be expedited for fee based on requested timeline and number of images requested.
Any package accompaniments including canvases and USBs will be forfeited if final images are not selected and shared with JJP within 60 days from session date. All included images are forfeited if more than 12 months from delivery date and may be purchased at the rate of 110 each, 5/500.
Client’s Licensing Rights - The Client receives full, non-exclusive license to images for purposes of personal use. Client may also share images via social media provided that JJP is credited. The Client may in no case alter any images by cropping, color adjustment, addition of text or any other form of “image editing”. The Client may not submit the images to any magazines, blogs, or other publications or online forums. The Client will receive the final and completed digital images that JJP deems best represent the Client(s) overall; the Client will not receive every image taken, nor any unedited or RAW files. The client understands and accepts that under no circumstances is Jessica Jo Photo obligated to: release original unedited images from the event to the client or agent of client or show the client any culled or discarded images that were not included in the final gallery of images presented to the client.
Social Media - It is illegal to copy, scan, download, print, modify, re-produce or otherwise steal any image created by Jessica Jo Photo unless given written consent in the form of a Copyright Release. This applies to images posted in a Private Online Gallery, Facebook, or Hard Copy images. If Client steals images via any method above, or any other method, Client will be charged legal fines and invoiced for the cost of EACH digital image stolen, at Jessica Jo Photo's current price per image. If client chooses to use the images posted by JJP to any social media your profile picture, client agrees to include the watermark/photographer’s logo on the image. The Client is responsible to inform any other persons whom you might tag in the photos of this as well. If you wish for your images not to be on facebook please state that in the box provided at the bottom of the form. If client has any questions regarding copyright and the use of photographs please contact Jessica Schuver.
Miscellany - This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Colorado. This agreement is valid for 2 years after signature covering all sessions photographed in this time.
Exit Clause - At anytime, JJP may opt to no longer offer photographic services to The Client, for any reason. Any fees paid for remaining sessions will be refunded. Fees paid for any previously fulfilled sessions will not be refunded. JJP will offer notification of Client termination at least 14 days prior to any scheduled session.
Amendments - JJP retains the full power to interpret and amend these rules and also the rule on any and all situations which may arise that are not explicitly outlined in the terms of this agreement.
Punctuality - Please arrive 5-10 minutes prior to your allotted session time. Late arrivals or lack of preparedness upon the photographer’s arrival will be included as part of the session time. Please have children and babies dressed and ready for photography at session start time. If the session begins more than 30 minutes late, the session will be rescheduled with a $85 fee. In the event that the photographer is late, you will be given your full session time. If the session needs to be rescheduled due to the fault of the photographer, it will be done so without a fee to the client. In order to deliver agreed upon number of images, please plan for all members to be photographed for the duration of time as indicated by Jessica Jo Photo. If unable to be photographed for entire length of the session, Jessica Jo Photo is released from providing the agreed upon number of images.
Session Time - The session time listed on the investment page denotes actual consecutive time from arrival to departure. You may elect to add an additional hour of session time for $150. This election may be made on session day.
Model Release: The client hereby grants to Jessica Jo Photo and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the client (family included) or in which the client may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases Jessica Jo Photo and its legal representatives and assigns from all claims and liability relating to said photographs.
Model Release approval must be made by a Parent/Guardian, if any photo session participants are less than 18 years of age. * By signing you are acknowledging that all the same regulations apply to the minor(s) that participate in the session.