TERMS AND CONDITIONS
The parties to this contract are:
Client's (hereinafter referred to as "Client's") participating in/or booking services for photography services with JMB Photography. (hereinafter referred to as "Photographer")
CANCELLATION : Upon acceptance of this contract and retainer, I accept that no refunds for a change of mind will apply. Should your session/event need to be canceled, I agree to notify JMB Photography at my earliest convenience.
In the unlikely event that JMB Photography cancels on me (e.g. sickness or extreme weather such as hurricane/flood/evacuation) all monies will be fully refunded within three (3) business days, accompanied by a list of recommended substitutes. Every effort will be made to help facilitate a substitute with a comparable photographer. I agree to terminate this agreement upon rejection of a substitute photographer.
CHANGE OF DATE/VENUE: I agree to notify JMB Photography by phone and/or email at my earliest convenience if a change of venue or date occurs. If the new venue requires travel over 20 miles from location of contracted venue, I agree to pay reasonable logistic expenses.
DISPLAY OR PROMOTION: JMB Photography reserves the right to use images created under this contract for advertising, display, publication or other purposes. The client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend JMB Photography in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of JMB Photography.
EMPLOYMENT: This contract is not to be construed as an employment agreement in any way. JMB Photography functions as an independent contractor.
EXCLUSIVE PHOTOGRAPHER: It is understood that no other photographer, amateur or professional, shall be allowed to photograph near JMB Photography while she is working. Any breach of this contract may constitute a reason for non-completion of the job with no liability to the Photographer.
FORCE MAJUERE: In the event JMB Photography is not able to provide services on your scheduled date and time due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness or emergency, will be notified immediately and any monies paid to date will be retuned, less non-refundable deposit, or if possible, a comparable photographer can be substituted.
LIMITATION OF LIABILITY: Although care is taken with digital files, JMB Photography limits any liability of loss, damage or failure to deliver photographs for any reason of photographer’s non-performance caused by any Act of God, Act of War, illness, accident or any cause beyond their control. In any event, the limit of JMB Photography’s liability shall not exceed the contract price stated within. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer.
MODEL RELEASE: All parties represented in the images warrant that they have read and agree with all terms of this contract. In cases of minor children, Parents/Client's agree that they are the legal guardian and have the actual authority to sign on the minor's behalf. Photographer is not liable when provided false, inaccurate information.
NOTICE OF COPYRIGHT: It is illegal to copy or reproduce these photographs elsewhere without JMB Photography’s permission. Violators of this Federal Law will be subject to its civil and criminal penalties.
OVERTIME: I acknowledge and agree that a few of $200.00 per hour will be charged for overtime requirements and agree to settle the balance upon collection of my wedding images. (Weddings)
OWNERSHIP OF DIGITAL FILES: The copyright of images remains with JMB Photography. JMB Photography grants the Clients permission to make copies of the images under the following conditions: The images are for personal use only and may not be altered, edited or filters applied. Sale, publication or any commercial use is not allowed without prior written permission from the photographer. Posting to social media is allowed with credit to the photographer. If images are posted on the JMB Photography Facebook site, client may use image as profile pictures and for sharing as long as any watermarks are no removed or cropped.
JMB Photography does not guarantee archival of the digital files beyond six (6) months after the session/event date and will not be held responsible if loss occurs after this time.
RAW/UNEDITED IMAGES: Clients will not be able to see or be provided any unedited images.
RETAINER: Upon signature and payment of the non-refundable retainer, JMB Photography shall reserve the time and date agreed upon and will not make other reservations for that time and date. For this reason, the deposit is non-refundable for cancellations.
SALES ARE FINAL: Client agrees that all sales are final. Client agrees that upon making payments thorugh a payment website such as Paypal, Square, Ect, that the transaction is non refundable and chargebacks will be subject to chargeback fees plus any addtional fees including an attorney.
SERVICE: This signed contract constitutes a service for photography in the form of high resolution digital images and/or prints. There are no oral or other agreements of the parties hereto, and this contract constitutes full and complete understanding and agreement between the Client and JMB Photography.
STANDARD PRICE LIST: The fees in the contract are based on JMB Photography’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
UNDERSTANDING OF THE PARTIES: This contract incorporates the entire understanding of the parties and is governed by the laws of Lexington, South Carolina. Any modifications of this contract must be in writing and signed by both parties.