A. Appointment times*
The Photographer will only be available for sessions between 8am-11am and 5pm-7pm during the summer. During the winter, the photographer will only be available for sessions between 8am-11am and 3pm-5pm.
B. Business Hours*
The Photographer is open Mon-Wed and Sat-Sun. The Photographer is closed Thursday and Friday.
C. Booking a Session*
A non-refundable retainer fee of $60 is due at booking. This fee is non-refundable, non-transferable, and non-negotiable. You must pay this fee at time of booking or your session will not be booked on my calendar. This non-refundable retainer fee is simply to reserve my time and it is non-negotiable. Without this fee paid in full the day before your session, I will not BE at your session.
The remainder balance for the session is due in full at the beginning of the session. The Photographer will not begin the session until full payment is received. Currently, Jade McElroy Photography only accepts Cash or Debit/Credit. No checks will be accepted. The session covers the time and talent of the Photographer, basic retouching, and creative editing of the images as determined by the Photographer.
By booking with Jade McElroy Photography, you agree to all the listed policies. The policies of this signed agreement are non-negotiable. If a client refuses to sign this agreement, the photo session will not be booked. This agreement is required along within a non-refundable retainer fee and both will need to be completed within 24 hours of scheduling a session with Jade McElroy Photography or your session will be canceled.
D. Reschedule Policy*
The client will receive only one reschedule day due to emergencies such as death, illness, etc.
(Weather cancellations do not apply to the client’s reschedule day as these are determined by the Photographer and the weather is not something that we can control.)
After you have rescheduled your session one time, a new non-refundable retainer fee of $60 will be required to book a new date and time.
The Photographer will not reschedule a session due to poor choice of clothing, makeup, weather related issues such as wind or etc or by not following the recommendations of the Photographer. The client is responsible for all wardrobe malfunctions as they should be taken care of before the session begins. The Photographer will also not refund a non-refundable retainer fee or any payments made to the Photographer due to clothing issues, weather related issues, or makeup issues, or etc as the client is responsible for all these issues.
STUDIO POLICY- STUDIO SESSIONS DO NOT RECEIVE A RESCHEDULE DAY IF YOU CANCEL WITHIN 48 HOURS OF YOUR SESSION DATE! Unfortunately, studio sessions are a lot more time consuming to set up and get ready for. For this reason, studio sessions are not able to be rescheduled if you cancel within 48 hours of your session date. You will forfeit your non-refundable retainer fee and will need to pay another non-refundable retainer fee in order to schedule your session at another date and time.
D. Weather reschedule policy*
The Photographer will not risk their equipment to shoot a session in inclement weather such as a storm, rain, or freezing temperatures of 35 degrees or less, etc. This policy is non-negotiable. The Photographer may reschedule multiple times in the case of weather at no fault of her own as the weather is not something that we can control. There will be no refunds of any payments or the non-refundable retainer fee due to this policy. A reschedule date will be provided to the client at a later time. If the client does not reschedule the session in a timely manner (3 months), the client will forfeit their non-refundable retainer fee. It is non-refundable and non-transferable.
E. No show policy*
If the client is a no-show to your photo session (late by more than 10 minutes or you just don’t show up), you will forfeit your non-refundable retainer fee plus will be required to pay the remaining balance of your session. If the client chooses to return to Jade McElroy Photography in the future having a no-show against them, they will be required to pay the session cost in full and the session cost will be non-refundable and non-transferable.
F. Cancellation Policy*
If the client chooses to cancel their session, the client will forfeit their non-refundable retainer fee and any and all payments made to Jade McElroy Photography. This fee is non-refundable and non-transferable as well as non-negotiable. If this becomes an issue with the client, the photographer will no longer book sessions with this client at the Photographers discretion. If you cancel your session less than 72 hours prior to the session, the remaining balance of your photo session is due immediately.
G. Late to a session*
If the client is late to the session, every minute late is deducted from the Client’s session. If you are more than 10 minutes late to your session, Jade McElroy Photography will terminate the session and you will forfeit your non-refundable retainer fee and any and all payments paid to Jade McElroy Photography and you will be deemed a no-show. Jade McElroy Photography will terminate the session after 10 minutes and will leave the session. There will be no refunds and no transfers. If you are more than 10 minutes late to a session, full payment will be due at time of booking before the day of the new session. The client will also be required to pay a new non-refundable retainer fee of $60. This policy is non-negotiable. Please respect my time and obey by this policy.
H. Photographer reserves the right*
The Photographer reserves the right to reschedule the session for camera failure, exposure problems, inclement weather, illness of the photographer, or the photographer’s immediate family, an emergency, a natural disaster, equipment malfunction, or other circumstances beyond the Photographer’s control. The Photographer will reschedule the session at no additional cost to the client if a circumstance such as described in this section occurs.
I. Refund Policy*
There will be no refunds given to the client. Digital photography is a service that cannot be returned. As a photographer, I still showed up to capture your images and delivered them to you; I cannot possibly refund a Client after I have worked many hours on your images and communicating back and forth with the Client. ALL MONEY paid to Jade McElroy Photography is non-refundable and non-transferable under any circumstances. This policy is non-negotiable.
J. Reshoot Policy*
Reshoots are only given at the photographer’s discretion. Reshoots are not given if the Client did not follow the recommendations of the Photographer. Reshoots will not take place for photos that truly represent my style, wardrobe issues or malfunctions, poor choice of clothing, things that were not requested at the shoot, things in the background, uncooperative subjects, appearance related issues such as hair and makeup, not liking the way you look in photos, etc.
If the client is currently using the images on social media or posting the images or have downloaded from their gallery or photos have been printed, there will be no reshoots under any circumstances once these have been noted or the images have been downloaded from the gallery.
The client has 12 hours from the time that the online gallery was sent to them in order to voice complaints and request a reshoot, even though the reshoot still may not be granted.
K. Cooperation Policy*
The Photographer, Client, and Client’s Guest (Anyone that the Client brings to the session with them) must agree to cheerful communication and cooperation with the Photographer for the best possible result for the session. If the client, client’s guest, or any other individual that fails to meet this policy: The Photographer will not be responsible for this and will terminate the session immediately and no refunds will be given (includes the non-refundable retainer fee and any payments made to Jade McElroy Photography) as well as no reshoots.
The Photographer and the Client should treat each other with respect. This guideline applies to the Client’s guest as well. If at any time, the Photographer feels threatened either verbally, physically, or emotionally, etc. The Photographer reserves the right to terminate the session with no refund of the session cost or the non-refundable retainer fee will be given back to the Client. The Client assumes full responsibility for their own safety, session participants and their safety, and their guest safety that they bring to the session with them. The Photographer has the right to terminate the session at any given time if her or her assistant that she may have with her feels threatened at any time and she reserves the right to keep the non-refundable retainer fee and the Client will also forfeit the session cost.
If a client shows up and it is obvious that the client or the client’s guest (session participants or those that the client brings with them) are under the influence of alcohol or a drug, the session will be terminated, and the Client will forfeit the non-refundable retainer fee and the session cost.
This policy is non-negotiable.
The Photographer, the owner of the property, nor is Jade McElroy Photography liable for any injuries that may occur during a photo session. The client takes full responsibility for the safety of their selves and their guest (session participants and those that the client brings with them). The Client shall released the Photographer from any claims against their person or their participants.
Please keep in mind that we do live in Kentucky and a lot of our locations do have tall grass, lake, etc where such danger as snakes, ticks, etc may be present. Please be mindful of this when booking a session. The Photographer is not responsible for any issues that may arouse from encountering a snake,ticks,etc.
M. Session Participants*
Only the session participants may be present at the session unless the session participant is a minor (under the age of 18) in the case of a minor (under the age of 18), a parent or guardian must be present. All clients are responsible for the children and the guests that they do bring to the session. If the client, client’s children, or clients guest break or harm in any way damage the photographers props, equipment, furniture, etc; the client is responsible to replace the item(s) with the same exact item(s) or the client will be required to pay the full value of all item(s) damaged. Others are permitted at the session only if they are at the session to help watch children or they are drivers, etc. If they do become a distraction, however they will be asked to step away from the session.
Studio Policy* - The studio is small and can only fit the amount of people that are participating in the session. Please minimize the amount of people needed to come if they are not session participants, sibling, or parent/guardian.
N. Turnaround time*
The Photographer’s turnaround time is 3 weeks. If the Photographer had extreme circumstances (illness, family illness, family emergency, etc) in which she would need more time, she would communicate with the client about the delay.
Unfortunately, it takes away from the time that I could be editing your images to respond to messages asking about the status of your photos. I will not be able to answer these messages. I will post an editing list update on my photography business page as necessary as it is updated.
O. Online Gallery Policy*
As soon as the client’s images are completed, they will be uploaded to an online gallery. This online gallery will be sent to the email that the client used to complete the agreement with. There will be no discs given with the session. You may purchase a disc for an additional $10 fee. If you request that the disc is mailed, please give me a week to get the disc mailed for processing. The online gallery is only up for one week. If the gallery expires and the client request that the Photographer publish the gallery a second time or (multiple times), a reupload fee of $10 will be required each time. This fee must be paid before the gallery will be uploaded.
P. Key Individuals*
The Photographer is not responsible if key individuals fail to cooperate during the photo session or if there are any missed images due to lack of cooperation. The Photographer is not responsible for missed images if there are details that have not been revealed to the Photographer. The Photographer will not guarantee or promise any certain images. The Photographer will only release images that represent her quality of work.
Q. Not responsible for missed images/footage*
It is acknowledged that any photo requests submitted to the Photographer will be used for organization/planning purposes only and in no way, is the Photographer required to fulfill these requests.
R. Additional fees*
If there are any additional fees associated with a location that a client has chosen, the client must pay these fees. The Photographer will not pay these fees. These fees could include parking, admission fees, etc but are not limited to these fees. The Photographer will not guarantee or arrange payment on any location. To avoid additional fees, the Photographer will recommend location(s) that the client may choose from.
S. Travel cost*
Jade McElroy Photography will travel at no additional costs to locations within the limits of Taylor County, Kentucky within reason. (10miles away from studio location) Outside of Taylor County, Kentucky; the travel fee is $.50 per mile, one way. This fee is due at time of booking. This fee is non-negotiable.
The Photographer will retain the full copyrights on all images (including digital images) and reserves the right to display, publish, etc. images for any reason. The Client is prohibited from further editing of the images, this does mean Instagram/Facebook filters as well. This also means that the client is prohibited from letting another Photographer edit or alter the Photographer’s images. The client is prohibited from using the images in contests without prior written consent from Jade McElroy Photography. It is illegal to copy, scan, print, share, screen shot, etc if the images have not been purchased from Jade McElroy Photography. The Client must purchase digital images to have the printing rights and to be able to post on social media. In the event that you manipulate any photo from Jade McElroy Photography, you will be charged a copy infringement fee of $150 per image manipulated. If you post photos on social media that have a “proofing watermark on them”, you will be charged for the digital image and every digital image that you do so.
U. Print release*
The Client will be given printing rights (print release). This print release can be found on my website www.jademcelroyphotography.com under the pricing tab. The client may print and use the digital files for personal use only.
The Client may order prints through the Photographer, but the client is under no obligation to do so. The Photographer will recommend a lab (mpix.com) to get the best quality images. The Photographer is not responsible for any printing errors or printing issues, or the quality of prints or products that are not printed by her professional lab. To ensure, the best print quality; avoid altering the images before printing.
W. Raw images/footage*
Under no circumstances will unedited images/footage or RAW images be given to the Client. Requests for such images will be denied.
X. Archive Policy*
After 3 months, all images/footage will be purged from the Photographer’s hard drive, except as needed for promotional purposes; to be determined by the Photographer and the Photographer’s sole discretion. To receive these images after there months, there will be an archive fee of $25 if they are retrievable. The Photographer will not guarantee any retrieval of images after the images have been delivered to client (whether by online gallery or disc, or USB). The Photographer is not responsible for loss or damage to the digital files due to circumstances beyond the Photographer’s control such as camera malfunction, computer malfunction. Etc. In the circumstance that the Photographer still has your images, you will be responsible for a reupload fee of $10, a disc $10, etc depending on which method the Client chooses.
Y. Delivery of images*
After the Client’s images have been downloaded/screenshotted (illegal method of saving images) from their online gallery, Jade McElroy Photography is no longer responsible for delivery of the images.
After the Photographer mails the Clients images, The Photographer is no longer responsible for the damage of portraits after delivery to the Client, including damage caused during transit by US mail. The Client assumes all responsibility for the safety of all portraits upon receipt.
Z. Model release*
I herby give to Jade McElroy 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 the way of limitation) illustration, promotion, advertising, and trade, and;
c) 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 libel and invasion of privacy.
The Photographer (Jade McElroy Photography) has the right to use and publish images taken during the Client's photo session to further promote services, including portfolio, web site, display, advertisement, editorial use, etc. If the Client wishes to keep their images private, please discuss concerns with the Photographer prior to your photo session.
As an Artist, the Photographer reserves the right to artistically interpret what the Photographer sees and what ways the Photographer chooses to Photograph a scene. This may mean that the Photographer chooses some images in color and some in black and white or all images in color. The Photographer reserves the right to use professional judgement to select which photos to deliver. Such selection shall constitute all images that will be made available to the Client and others will be purged from the Photographer's hard drive immediately. The images that are presented to the Client are the only images available and any other images that did not fit the Photographers standard work has been purged from her hard drive. The Photographer will not edit images in any way that would make the client not look natural. The Photographer only edits to enhance the images, not to change the way a Client looks. If the client requests additional editing that is not in the Photographer's basic editing process, the Photographer will require an additional fee of $10-$20 per image.
B2. Limit of Liability
In the Unlikely event that the Photographer is unable to perform this agreement due to any act of God, a casualty, a weather event, or act that is outside of Jade McElroy Photography’s exclusive control, the Photographer's illness or family illness or family emergency or etc. Jade McElroy Photography responsibility and liability will be limited to the Jade McElroy Photography Gift Card. This limitation on liability shall also apply if the photographic materials are damaged, lost through camera, or computer malfunction, or otherwise lost or damaged without fault on the part of Jade McElroy Photography. In the event, Jade McElroy Photography fails to perform for any reason, Jade McElroy Photography shall not be liable for any amount more than the retail value of the client's order minus the non-refundable retainer fee. With my signature on this agreement, I agree and understand this paragraph.
C2. Accident waiver and release of personal liability*
The Client releases the Photographer, Photographer's employees, Photographer's assistants, and the Property Owner of any responsibility regarding the personal injury that may be obtained during a photo session. The Client agrees to waive, release, and discharge from all liability, including but not limited to, liability arising from the negligence or fault of the entities, or persons related for mine and my family's disability, personal injury, property damage, property theft, or any actions of any kind which may hereafter occur to me including my travel to and from this activity. In addition, I hold harmless and agree not to sue the entities or persons mentioned in this paragraph from all liabilities or claims made as a result of participation in any activity related to the photography session. With my signature on this agreement, I agree and understand this paragraph.
D2. Sneak peek*
One image will be posted from a client’s session as a sneak peek. These will be posted as soon as the Photographer is able to get them posted. Sometimes this may take a few days. Again, please do not message me regarding the status of this. You will receive a sneak peek within a few days up to a week after your session unless in extreme circumstances in which the Photographer would relay that information to the Client if needed.
THE FOLLOWING PARAGRAPHS ARE SPECIFICALLY FOR VIDEO. IF YOU ARE NOT RECEIVING VIDEO WITH YOUR SESSION, PLEASE DISREGARD THE FOLLOWING PARAGRAPHS.
As I have discussed with the client, the client who signs this document will be one of the first few videography clients that I have. The client is receiving a substantial discount on videography services in order to allow me to portifolio build. With your signature on this document, you are agreeing to not hold Jade McElroy Photography accountable for bad audio, bad lighting, etc with the small video that you will receive.
Y. Footage/ Images*
Any footage/images will be used for advertisement and portofolio, etc for the Photographer. With your signature on this document, you are agreeing to this statement.