This contract is written for the purpose of a portrait session with Jacqueline Marie Photography LLC. The signing of this contract confirms the client’s understanding that it is their choice to participate in the photo session. The client will not hold Jacqueline Marie Photography LLC responsible for any negative actions that may commence from this portrait session, or from any produced images. The client is agreeable to the terms, conditions and timeline of the session, along with the delivery and use of images. I understand that if the client involved in the portrait session is not 18 years of age, a parent or legal guardian must sign and accept responsibility of this contract. Any addendum made to the contract must be agreed upon between the photographer and client in writing. This Agreement shall be governed by the laws of the State of Ohio.
Liability & Injury Release
My involvement and/or participation in a portrait session is voluntary, and I am acting under my own free will. I do not have any medical ailments, physical limitations, or mental disabilities that will affect my ability to participate in a photography session. Jacqueline Marie Photography LLC and it’s employees/contract workers, spouses and next of kin (here after referred to as releasees) undertakes no direct legal or financial responsibility for my personal safety or well being when I am participating in a photo shoot. I assume the risks, including, but not limited to, those outlined in this agreement. I forever release Jacqueline Marie Photography LLC, all related participants and releasees from any and all claims and causes of action that I or my representatives now have or may have in the future, such as, personal injury, property damage arising out of participation in a photography session, illness or possible illness exposure. I am 100% liable for all medical expenses incurred as a result of any injury or property damage during my participation in a photography session. If my child is under 18 years of age, I am signing as the parent and assuming full responsibility of these terms.
I hereby grant the following rights and permissions to Jacqueline Marie Photography LLC, legal representatives and assigns, those for whom Jacqueline Marie Photography LLC is acting, and those acting with authority and permission. Jacqueline Marie Photography LLC has the absolute right and permission to take, use, reuse, publish, and republish photographic portraits or pictures of myself/minor, or in which I/minor may be included, in whole or in part, without restriction as to changes or alterations from time to time, in conjunction with the my own/minor’s name, and in any and all media now or hereafter known, including the internet, for art, advertising, trade, or any other purpose whatsoever. I also consent to the use of any published matter in conjunction with such photographs. I waive any right that I or the minor may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such photographs or the use to which it may be applied.
I also understand that all images provided to me are at the discretion of the photographer. Unedited images will not be provided. The photographer has the right to choose and edit such photos under her professional opinion.
Your newborn session will be booked within the first two weeks of life and based on photographer's schedule. It is client's responsibility to notify Jacqueline Marie Photography LLC within 24 hours of baby born. Signing this contract and paying your session fee reserve your session after baby's arrival with exact session date to be scheduled at the studio of Jacqueline Marie Photography LLC. Your session will begin at the scheduled time, even if the client is late. The session end time will remain the same. A strict timeline will be enforced to ensure all obligations of this contract are met.
All newborn sessions will be scheduled during the week and not on weekends.
A signed contract and session fee payment are required to schedule your newborn session with Jacqueline Marie Photography LLC. The session fee payment is non-refundable, non-transferable. All images and products from your session must be purchased in a package and are not included in the session fee. All payments will be accepted by Square invoicing. Client is provided detailed pricing information upon booking session and is aware and understands all pricing prior to newborn session. All ordering and package selection will occur immediately after the session. All monies are due at this time.
For newborn mini sessions the session fee is $100. Client understands photographer must be notified before the session you are booking a mini session. All poses will include baby wrapped and swaddled. 10 web sized images (printable to 8x10) will be presented in your gallery, selected by photographer. Option to purchase prints and products. Signed contract and session fee required to book.
Please provide at least 48 hours notice if you have to cancel for any reason. If you need to cancel, rescheduling will depend on availability. If 24 hours notice is not provided, all session fees paid will be forfeited. If for some reason I have an emergency and need to reschedule for any reason, you will also be notified as soon as possible. In the event of an act of God unable to be controlled by photographer (examples include but are not limited to: weather, catastropic events, pandemic).
I have a very strict sick policy to ensure the safety and well being of every newborn/child/family that enters the studio. Please do not come to your session if you or your child are ill. I will cancel the session if it appears you are ill and rescheduling will depend on availability. No exceptions. I will in return notify you if I am ill and need to reschedule.
**New updates due to Covid-19. Jacqueline Marie Photography will take all necessary precautions to provide a clean and safe environment. The studio will be limited to those family members being photographed only. I ask that any illness and potential exposure be communicated to me prior to your session. Clients may also be asked to bring a mask to enter the studio. Client understands photographer will notify client if any illness or possible exposure is known. However, this may be unknown. Client may not hold photographer responsible for any type of illness that may occur after session.
Rescheduling may be necessary due to current state and governmental guidelines at the time of your session. All monies paid during this pandemic may be applied towards a future session within the rescheduling timeline provided by photographer.
**Separate Covid-19 agreement must be signed**
The photographs produced by Jacqueline Marie Photography LLC are protected by Federal Copyright Law and all rights are reserved. All edited images given in the final gallery are at the full professional discretion of the photographer. The photographs/digital images you purchase are limited to personal use only. Commercial use is prohibited. The print release with digital images does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Jacqueline Marie Photography LLC. This applies to, but not limited to, "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images.
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 choices, behavior of children, or by not following the recommendations of the photographer.
Ordering your images
You will select and pay for your collection or products at the end of your newborn session. Client understands that all orders of images and products must be placed at this time and all monies/fees will be collected at that time. Sales tax of 7.25% will be added to your final order. All person's involved in the decision making of ordering from the displayed newborn gallery must be present. Due to the nature of the images and products I offer, refunds or exchanges are not accepted. Changes can not be made to your order. Any monies paid are non-refundable, non-transferrable.
Please note-if you have ordered any products that require client to select image(s) to be printed-you will have 1 week to place your order from the time your gallery is sent from photographer. If your order is not placed within 1 week, a $50 fee will be required for your gallery to be extended and orders placed. This will be strictly enforced for all sessions.
Delivery of images
Photographer makes every effort to have full gallery of images edited and delivered to client within 14 business days of scheduled session. This is dependent on photographer's current schedule. If the time of delivery of images is going to be delayed, client will be notified. Please allow 2-4 weeks for delivery of any products (prints, albums, canvas, etc.) from the date photographer places order.
Limit of Liability
In the unlikely event that the photographer is injured or becomes ill and is unable to photograph your session, every effort will be made to schedule a reshoot for the next available time based on the photographer’s schedule as long as the situation is unable to be controlled. In the unlikely event the photographs have been lost, stolen or destroyed beyond photographer’s control, Jacqueline Marie Photography’s liability is limited to return of all payments received for the portrait session. Photographer is not responsible for any damage to images after delivery, incliding transit.
Photographer is not responsible for damage to any product received by client, (including but not limited t0-prints, canvas, premium wood photo blocks and albums.) Client is responsible for correct handling and use of such products.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer's office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $400.00. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney's fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.