AGREEMENT OVERVIEW: This agreement contains the entire understanding between Jadie Photography and the above listed 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 want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Jadie Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Jadie Photography.
IMAGES and COPYRIGHTS: The photographs produced by Jadie Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Jadie Photography's explicitly written permission. Upon final payment by the client, the client has limited copyright ownership for printing only of the resulting images, which may be used only for personal use and may not be copied, or reprinted without express permission of Jadie Photography. This permission is included with high resolution downloads, with which the owner may make prints up to but not exceeding size 8"x10” for personal use and sharing, as well as use for their personal blogs, sites, and social networks (as long as visible credit is given on or under each image to Jadie Photography). The owner may not re-distribute the downloads in any manner. The Client must obtain written permission from, and compensate Jadie Photography prior to the CLIENT, or its friends/ relatives publishing or selling the images for profit.
MODEL RELEASE: The CLIENT & Subject hereby grant to Jadie Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT 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; and to copyright the same. The CLIENT hereby releases Jadie Photography and its legal representatives and assigns from all claims and liability relating to said photographs. While Jadie Photography reserves the right to use any image for display, due to the private and very personal nature of birth photographs, Jadie Photography will respect the Client's wishes regarding using or not using specific or graphic images.
LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents her from photographing the agreed upon session, responsibility and liability is limited to the transfer of deposits made to the session types of Fresh 48, A family session and/or Newborn Session rather than birth. Due to the nature and timing of birth being unpredictable, Jadie Photography cannot be held accountable or liable for a missed birth. Jadie Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Jadie Photography's control, Jadie Photography's liability is limited to the return of all payments received for the portrait package.
*If we cannot provide coverage as a result of client's actions or due to circumstances beyond anyone's control, all fees paid will be applied toward a Fresh 48, a Family Session and/or Newborn Session. Examples of this include, but are not limited to: failure to provide adequate notice of the baby's birth; an unexpected transport for a c-section; a dramatic change in the birth plan. In instances like this, beyond our control, no refunds will be given.*
RETAINER & PAYMENT SCHEDULE: 50% of the total cost is due at time of signing this agreement. This is a NON-REFUNDABLE RETAINER. In the event of cancellation by the client, the retainer paid is non-refundable. It shall be liquidated for damages to Jadie Photography in the event of a cancellation, or breach of contract by the CLIENT. The retainer shall be applied towards the total cost of the service to be rendered. The remaining charges are payable in full on the date of the session, or within 72 hours thereof.
If you decide to cancel our services for any reason, please let us know at least 30 days before your due date. Your initial deposit is non-refundable in this case, but any other fees paid up to this point will be fully refunded.
Jadie Photography is obliged to explain the following:
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Upon viewing samples of Jadie Photography's work, you (Client) have decided to invest in services to photograph your birth because you are confident that Jadie Photography can give you results which you will cherish.
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There is no way to guarantee or know the quantity or quality of photos that will be produced from this endeavor simply because this is an event in the future. Jadie Photography agrees to hold their images to the highest standard and do everything in the power of Jadie Photography to produce quality images of your birth. Jadie Photography cannot promise that Client's images will be an exact duplicate of any requested image.
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As an artist, the photographers of Jadie Photography reserve the right to artistically interpret what is seen and in what ways to photograph each subject. This may mean that some frames are delivered in varying color profiles including, but not limited to, color and black and white images. This is the discretion of Jadie Photography.