1 Photography Session Images: The signed contract constitutes an order for photography in the form of high resolution images (print) and low resolution images (web).
2 Limit of Liability: Although care will be taken with the digital files, the photographer limits any liability for loss, damage or failure to deliver photographs for any reason of photographers non-performance caused by any force or similar circumstances, illness, accident or any cause beyond their control. In any event, the limit of photographer’s liability shall not exceed the contract price stated herein. The photographer is not responsible if the client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. This agreement also releases Jennifer Cochran Photography from all liability relating to injuries that may occur during a photo session. By signing this agreement, I agree to hold Jennifer Cochran Photography entirely free from any liability, including financial responsibility for injuries incurred, regardless of whether injuries are caused by negligence. I do not have any conditions that will increase my likelihood of experiencing injuries while engaging in this activity. By signing below I forfeit all right to bring a suit against Jennifer Cochran Photography for any reason. I will also make every effort to obey safety precautions as listed in writing and as explained to me verbally. I will ask for clarification when needed.
3 Exclusive Photographer: It is understood that no other photographer, amateur or professional, shall be allowed to photograph at the session near the photographer while she is working (unless hired by said photographer) due to reasons of the photographer delivering the quality of images as expected. Any breach of this agreement can constitute a reason for non-completion of the job with no liability to the photographer.
4 Ownership of Digital Files: It is agreed that ownership of the digital filed will be maintained by the photographer. Upon delivery of the digital files to the client, the client shall gain no commercial rights to images. It is also agreed that the photographer will have full rights to use all images for advertising purposes.
5 Print Life: The client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and the client releases the photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
6 Image Storage: All galleries will be available to view for two weeks after it is created. All digital files and prints must be ordered in this time frame. All files will remain on storage for one (3) months from the original date of session. The client agrees to a $50 fee to reopen galleries after the two week period.
7 Display or Promotion: All images and copyrights are the property of Jennifer Cochran Photography by Jennifer Cochran ("Photographer"). In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client. It is agreed that the client may display and use photographs from session/event for website and internet promotion. All images used for web share must contain photographer’s logo and may not be cropped or altered.
8 Cancelation/Postponement: Upon signature, the photographer reserves the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the fee is nonrefundable. In the event of a cancellation or postponement of the portrait session/agreement by Client, the session fee paid is non-refundable. Session fees are transferrable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is appreciated. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
9. Guaranteed Delivery: Photographer agrees to have the contracted order for the photo shoot photographs completed within a reasonable period of time from the shoot day. Client will have access to a private online viewing gallery for approximately 2 weeks. The Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet her standards. The Photographer does not deliver unedited or RAW images. Edited images may take up to 4 weeks.
10 Client Responsibility: The Client agrees that he/she is responsible for all parties involved with the agreed upon photo session. If there is an individual involved in the photo session who does not agree to the terms of this agreement the Client assumes responsibility for any liability.