TERMS AND CONDITIONS
A. Exclusive Photographer*
The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the event. Guests, Family and friends of the Client shall be permitted to photograph if they shall not interfere with the Photographer’s duties. During posed images, the photographer will ask that guests remain 5 feet behind the Photographer so that she can freely move. The Photographer will not be responsible for missed images due to the client’s guest.
B. Non-Refundable Retainer Fee*
A non-refundable retainer of 50% of your chosen wedding package is required to reserve my services for your wedding date. This fee is non-refundable and non-transferable. No exceptions. The remaining balance of your package is due 4 weeks prior to your wedding. No payment will be accepted on the wedding date. This agreement must be completed within 7 days of paying your non-refundable retainer fee or my services will not be provided at your wedding and this agreement will be void. The non-refundable retainer fee must be paid within 7 days of signing your agreement or my services will not be provided at your wedding and this agreement will be void.
In the event the bride and groom do not answer Jade McElroy Photography when contacting for information and the Client does not respond to 4 contact attempts within 30 days Jade McElroy Photography reserves the right to cancel services and liquidate all payments for damages.
C. Interference/Obstruction*
No clients, wedding guest, or wedding employee can impede the photographer(s) while shooting or performing her duties; failure to comply may result in fewer images or missed moments. The responsibility falls on the clients to ensure this. The private Bride & groom, Bride, Groom and Bridal party portraits must remain private. If not this may interfere with lighting, and may create shadows that I can’t fix. That could possibly ruin an image and nobody wants that to happen. No other photographer may be hired by the client as this could possibly obstruct the photographer(s) of Jade McElroy Photography to perform properly. If you would like to have more than one photographer, please speak with Jade McElroy Photography about the matter as I have a list of photographers who have agreed to 2nd shoot for me and these will be the ones included in the 6 hour and 12 hour packages when stated that a second shooter is included.
NO guest may hold our poses longer to snap their own and they must remain 5 feet behind the photographer at all times so the photographer can move freely to capture your moments properly. If the guest holding a pose causes as an issue, the Photographer will not be able to capture your family portraits, bridal party, and bridal and groom to the best of her ability.
I do ask and highly recommend that you consider having an unplugged wedding ceremony but it is not mandatory.
The Photographer is not responsible for cleaning up getting ready rooms or any room for that matter. The Photographer is not responsible for instructing guests to leave the room (she will ask all to leave the private bride and groom portraits once) if they do not exit, then the Photographer is not responsible if there are people in the background of the photos or if they are interfering in the photos or if there are missed images due to this.
The Photographer is also is not responsible for rounding up guest for posed portraits, please direct someone to do this. With this being said, the Photographer has one responsibility at your wedding and that is to photograph your wedding and give you the best images of your big day. I can’t possibly do this if I am responsible for cleaning up your getting ready room/any room or if I am responsible for rounding up family members.
D. Copyright, reproduction, and model release*
The copyright of ALL images will remain with Jade McElroy Photography. The photographer shall have the exclusive right to make reproductions. A Collection of images is provided to you in the form of JPEG High Resolution, edited images on a USB drive and a print release (may be printed at my website www.jademcelroyphotography) is given in order to allow you to make endless copies and share with family and friends of all your images. Jade McElroy Photography reserves the right to use ANY images for the purpose of advertising or otherwise promoting her work. RAW files will not be released under any circumstances. I will deliver a minimum of 30 images per hour of shooting. This amount may vary solely due to the day of the wedding. The client may NOT edit the images in any way. This includes all filters on social media. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, advertisement, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio. If the client would like their images to remain private, the client must discuss this with the photographer. The client may only use these images for personal use and is not granted any rights to sell the Photographers work. The client and/or guest are not permitted to edit any of my images.
E. Social Media*
Any social media platforms such as Facebook, Twitter, Instagram, etc that ALL photographs of Jade McElroy Photography can NOT be altered in any way. This includes but is not limited to Facebook Frames, Instagram filters and any photo edits.
When using our images on social media it is very much appreciated that you give us credit by stating “Photos provided by Jade McElroy Photography”
F. Postponing your wedding date*
Retainers are NON-REFUNDABLE/ NON-TRANSFERABLE but applied toward the total cost of your wedding.
If you are not cancelling but postponing your date, a $100 postponement date will apply. If you are postponing your wedding date, YOU MUST check with me that I am available for your wedding date. You must pay this $100 postponement fee along with a signed postponement statement within 30 days of postponing your wedding. The remainder balance for your wedding date is due 4 weeks before your wedding date.The reason for this fee is because I have held your wedding date on my calendar and have not been able to book any session or wedding for this date as it is your date.
G. Cancelling your wedding date*
If you are cancelling your wedding date with Jade McElroy Photography, a $200 cancellation fee will apply. If you are cancelling your wedding date, you must pay this $200 cancellation fee along with a signed cancellation statement within 30 days of cancelling your wedding. If you are cancelling your wedding date, only the $200 is required to be paid and not the final balance. If your final balance is less than the cancellation fee, the final balance must be paid instead of the $200 cancellation fee. The reason for this fee is because I have held your wedding date on my calendar and have not been able to book any session or wedding for this date as it is your date.
ALL SALES ARE FINAL, any payment made is NON-REFUNDABLE/NON-TRANSFERABLE & liquidated for damages if the client should cancel for any reason.
As the owner and photographer, I reserve the right to cancel this contract. In the event Jade McElroy Photography cancels the services, she will give the client a Jade McElroy Photography gift Card except for cancellation due to non-communication on client’s part, in the event the client cancels- all payments made will be liquidated for damages.
H. Payments*
You may make payments up to 4 weeks prior to the wedding date. ALL payments made are final. No payments are accepted on the day of the wedding. Payments made be made by cash or debit/credit card. Refunds will NOT be issued under ANY circumstances,
I. Final payment late*
If payments are not received by 3 weeks before your wedding date, a $50 late fee will apply. In the event that payments are not paid prior to one day before the wedding date, services will not be performed, and any payment submitted will be liquidated for damages.
J. Payment plan payment late*
If payments are not received by 3 weeks before your wedding date, a $50 late fee will apply. In the event that payments are not paid prior to one day before the wedding date, services will not be performed, and any payment submitted will be liquidated for damages.
K. Liability*
The Photographer, the owner of the property, nor is Jade McElroy Photography liable for any injuries that may occur during the event. The client takes full responsibility for the safety of themselves and their guest. The Client shall release the Photographer from any claims against their person or their business. The Client agrees to release all liability for missed moments due to shooting conditions, guest interference or things beyond the photographer’s control. Jade McElroy Photography does use flash in low lighting situations so if any guest has any medical issues such as epilepsy it is the client’s job to notify the photographer of such concerns.
L. Travel*
6 hours, 9 hours, and 12 hour weddings have travel up to 3 hours round trip included in the price.
The following only applies for 3 hour weddings.
For 3 hours of wedding coverage, Any travel within 30 miles round trip from the studio (Lowell Ave, Campbellsville, KY 42718) is included. Anything past 30 miles roundtrip is .50 per mile one way ($1 round trip)
For 6 hours and 9 hours of wedding coverage, Any travel within 200 miles round trip from the studio (Lowell Ave, Campbellsville, Kentucky 42718 ) is included. Anything past 200 miles roundtrip is .50 per mile one way ($1 round trip)
M. Boarding Fee*
If your wedding venue (ceremony + reception) is more than two hours one way away from Campbellsville, Kentucky, the client will be required to pay a boarding fee of $150.00.
N. Turnaround time*
The Photographer's turnaround time is 30-60 days (1-2 months). If the photographer had extreme circumstances in which she would need more time, she would communicate with the client about the delays, and the reason behind the delay. If the images were to be finish before 1-2 months the images would be delivered early.
O. Image Delivery*
Images are delivered on a USB drive. Photographer(s) will deliver 30 high-resolution images per hour of shooting. USB drive will be mailed to clients physical address unless the client requests to pick the USB drive up from the studio box. Any issues with the images delivered must be voiced within 12 hours of receiving the images. After this point, the Photographer will not discuss with the client any concerns. High Resolution images are backed up for 3 months, but I am not responsible if you misplace the images after delivering them. The Photographer does not guarantee that she will still have the images once they have been delivered. If the Photographer does still have the images and they are retrievable if the Client needed them, there is a fee of $25 + the method of delivery the client requests (USB- $20 or online gallery $10)
P. Artistic editing*
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. Indoor and outdoor photo editing style looks entirely different. Be aware of this when requesting to do your posed portraits indoors against the photographer’s recommendation of posed portraits outdoors.
Q. Cooperation*
The Photographer is not responsible if the bride/groom/bridal party, or any guests do not want to cooperate with photos. The photographer will not be responsible for rounding up everyone in the bridal party, family portraits, or posed images. The Photographer is not responsible for any missed images due to this.
R. Additional editing*
The photographer will not alter how a person looks such as making the client look unrealistic (making the client thinner, changing hair color, etc) specific images are not guaranteed. If a client requests additional editing, there will be an additional fee for each image requested.
S. Raw Images*
RAW images will not be given to the client under any circumstances. No exceptions.
T. Rules of Venue*
Some venues do not allow specific things such as flash, etc. It is the client’s responsibility to find out what their venue does allow and what they do not allow and relay that information to the Photographer. The Photographer will not be held responsible due to any missed images due to the rules of the venue.
U. Wedding runs behind the schedule time or you need extra time*
The photographer is not responsible if your wedding runs behind schedule and you need extra time. The photographer will require you to purchase additional hours of coverage for $200 each additional hour for her to remain shooting or she will depart as her time has been completed. The Photographer is not responsible for missed images due to this.
V. Additional hours
If needed on the wedding date, additional photography will be charged at $200 per hour. The client will receive a minimum of 30 high resolution images per hour of shooting for the additional photography.
W. Loss of Images/ Corruputed SD Cards/ Missing Images
The Photographer is not responsible for corrupted SD cards, lost SD cards, and missing images. As much as the photographer tries to prevent issues like this from happening, technology is technology and data loss does occur.
X. Failure to perform/ Act of God*
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order. While every attempt is made to create the best images possible, no particular photo is guaranteed.
Y. Flash/Low Lighting/ Tight Spaces/ Harsh Sunlight*
It Is the client’s responsibility to alert the photographer if a guest of theirs or if they have medical reasons for not using a flash such as seizures, etc. The Photographer will use Flash in most church and reception locations due to the low lighting. The clients understand that if during the wedding ceremony flash photography is not allowed or subjects are too far for the flash to reach, high ISO settings (film’s sensitivity to light) must be used; creating a pixilated or grainy effect in the photographs. The Photographer is also not responsible for the lack of images if the photographer is not able to get into very tight spaces due to their being no room in the area or multiple people in a small room. The Photographer is also not responsible for harsh sunlight. The Photographer is also not responsible for clients not following her recommendations regarding lighting conditions, location choices, etc.
Z. Revising the contract*
Any changes to this contract must be in writing and signed by both parties. This contract incorporates the entire understanding of the parties.
A2. Model Release*
I hereby 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 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.
B2. Accident Waiver + 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.
C2. Harrasment and Saftey*
The Client, and any of the client’s guest that come to the session must agree to cheerful communication and cooperation with the photographer for the best possible result of the session. If the client, client's guest, or any other individual that fails to meet this policy; the photographer will leave the event and will not refund any monies and any money paid for the event will be liquated. 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, or etc. The Photographer reserves the right to leave the event and no money will be refunded to the client and the money will be liquated for damages. The Photographer has the right to terminate photography services if her or her assistant/second shooter that she has with her feels threatened at any time and she reserves the right to keep the all monies paid as they will be liquated for damages. The Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during posed portraits or for missed images.
D2. Weather*
The Photographer is not responsible for any images missed due to weather. The Photographer will not shoot in the open in pouring down rain. There must be some sort of cover such as a tent, an overhead, or an umbrella due to rain and not wanting to damage her equipment. The Photographer will find other alternatives for images. The Photographer should not be held responsible for any missed images.
E2. Illness/Death/Family Emergency*
The Photographer does her best to prevent any of these circumstances from happening, however it does happen to the best of us. The Photographer will first replace herself with someone that she trusts and will send them in her place. If this does not happen, the Photographer will refund all monies minus the non-refundable retainer fee.
F2. Second Shooter/Assistants
The Photographer at times may bring along a second shooter or an assistant depending on the event and the event details and if the client purchased a second shooter. At times, it may be necessary for another person to come along to help. The client will be notified if there is a person possibly coming. The client will be responsible for providing my second shooter/assistant a guest meal. If the client selects off site meal for the main photographer, the second shooter/assistant will have go with the main photographer for an offsite meal. The client and their guest must treat my second shooter/assistant with respect. If the second shooter/assistant takes photos at the wedding, they will deliver the number of photos that they feel is acceptable on their own turnaround time which could be different than my own.
G2. Timeline
Jade McElroy Photography helps her clients build a timeline for their entire wedding day in order for photography to fit into the timeline of the wedding. For this timeline, Jade McElroy Photography will ask you questions regarding time and what works best for your wedding date.
If you do not follow the photographers recommendations, then you may not hold the photographer responsible for any missed issues or problems that may rise from not following the photographer's recommendations.
H2. Video
Jade McElroy Photography is starting videography in 2020 as an extra for her clients. It is possible that you will receive a short video of your bride and groom session if you are interested in participating after your bride and groom session has been photographed.