A. Session Fees
Client agrees to pay photographer deposit required at the time of booking to secure their appointment date and time. This is a non-refundable deposit that goes toward your session. The balance is due at 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 (amount depending on session) to be stored. Additional editing is available at additional expense to be determined by photographer. Additional prints or digital images may be available for purchase.
No unedited images will be released under any circumstances. All images other than final released to client are purged during the culling process.
B. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel within 30 minutes of Smithville, ON. Any location outside of these limits will be subject to an additional charge of $.52/km as part of the agreement.
C. Rescheduling
If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 48 hours prior to their session without penalty. Should client fail to give 48 hours notice, or decide to completely cancel the session then the deposit fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
If client is more than 15 minutes late, session will be automatically cancelled and a $25 re-schedule fee will be required and non-negotiable.
No shows/ No calls forfeit any deposits paid entirely.
D. Re-shoots / Refunds
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
E. Archive
After 14 days images will be removed from the Pixieset online viewing gallery. This includes for viewing and downloading (unless you have contacted photographer for a week extension). After such time the gallery will be removed. A re-instatment cost of $25 will apply to upload the images to the gallery again. Images will not be released again until payment is received.
After the 14 days, all images will be stored by photographer for 6 months and then removed. It is the client's responsability to ensure images are downloaded. Only images that client has chosen will be saved, all other images will be removed indefinately, except if photographer is using image as an advertising or promotion image.If client has failed to select the images they would like, then photographer will choose the alloted number of images after the 6 month period. Client will only then receive those images after said time and after paying the $25 re-instatment fee.
Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
F. Damage
Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by mail (if insurance was not purchased). Client assumes all responsibility for the safety of all portraits upon receipt.
G. Model Release
By choosing "Yes" to the question "I hereby give to JaE Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child(ren) in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) 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 and trade, 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 invasion of privacy.
H. Liability
Photographer is not responsible for any injuries inflicted 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.
I. Failure to Perform Clause
The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
J. Session Requirements
No cameras/camcorders or any type of recording device (this includes cell phone/tablet cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session.
K. Digital Images
JaE Photography is not responsible for any digital images that are printed by the client (this includes but is not limited to: at home printing, store front lab, One hour booth, professional lab other then through photographer). If client would like professional prints it is highly recommended that you order through Photographer to ensure they print properly. Any photos ordered through photographer will be covered if there are any issues prior to client receiving photo. Once client receives photos (in any form), photographer is no longer responsible.
All money paid is non-refundable once files have been downloaded.
L. Copyright & Penalty
The bearer of this notice has purchased/received high-resolution digital images from the photography session with JaE Photography (JaE). Bearer is hereby granted permission to reproduce the images by forms of printing, copying, emailing, and web publishing and make an unlimited number of prints, for personal use only.
Bearer agrees that he/she will not use any of said images for financial gain, commercial or editorial purposes, or enter any images into competition without the express written permission of JaE.
You may not re-edit, crop, remove the watermark (if sharing from social media or online gallery), or alter the images in any way, doing so is copyright infringement. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image that client has stolen, at photographer’s current price per digital file.
By using any of these images, you are agreeing to the above terms
JaE retains the copyright to all images.