Terms & ConDITIONS
This agreement is between J Shine-Wright Photography, hereinafter referred to as the "Photographer", and the signers of this photography agreement, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the portrait session detailed below.
RETAINER FEE
A retainer fee of $50.00 is required for all sessions.
This is a non-refundable retainer fee. In the event of cancellation, the retainer fee paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation or breach of contract by the Client. No date is reserved until a retainer fee is received. The retainer fee shall be applied towards the total cost of the service to be rendered.
PAYMENT
The balance of the complete package price must be paid three days before the session. I can't continue with the session if payment isn't paid in full. NO REFUND
Payment can be made using Debit & Credit Card and Cash.
Images will be ready for an online gallery within 2 weeks. Once the images are uploaded to the online gallery, you will have a 7-day window to download them. Reloading images to the gallery is an extra fee.
CANCELLATION / NO SHOW
There shall be no refund of the retainer fee after the signing of the Agreement and the reservation of the photography date. Once a balance is paid, it is non-refundable.
Last-minute cancelations will not be tolerated; you MUST cancel 48 hours in advance. If you are a no-show, there will be no refund.
There can be no more than 1 additional guess unless they are in the photo. My studio is small and can't accommodate too many people. Any additional guest will be asked to wait in the car.
RESCHEDULE
If you need to reschedule your session, the first time is at no cost to you. Rescheduling further is a $50.00 fee the second time, a $100 fee the third time, and your services are canceled without a refund at a 4th request to reschedule.
LATE TO YOUR SESSION
If you are more than 15 minutes late for your session, you may have to reschedule, and there is a $15.00 fee. If you select to continue with your session, your delay of time will be deducted from your session, and the fee still applies. If you are more than 30 minutes late for our time together, there is a $30.00 fee. At 45 minutes late, your session is canceled without a refund.
RUSH FEE
A rush order is a 1-week turnaround from the date of selections received. It is a $100.00 investment. A rush order for 2-3 days turnaround is $150.00.
COPYRIGHT
Title (possession) of and copyright to all products shall remain with the Photographer until the client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, or reproduce without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties.
Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, and any other purpose.
The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. Clients will be given a written release to make personal copies of images if purchasing High-Resolution images. The client understands the images given cannot be used for profit or advertising, and all posting of images on the internet must be acknowledged as images by the Photographer.
CREATIVE LICENSE
Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards. The Client is aware that not every image will not be the perfect picture and will not hold the Photographer accountable for opinions the Client may have on the pictures received.
FORCE MAJEURE
If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike, or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism, or other causes beyond the control of the parties, then the Photographer shall return any amounts of money paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The Client agrees that an event cannot be replicated, reenacted or repeated for the purpose of a re-shoot and limits the Photographer's liability to the amount paid under this contract.
GENERAL LIMITATION OF LIABILITY
IN NO EVENT SHALL THE PHOTOGRAPHER BE LIABLE TO THE CLIENT OR TO ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER PHOTOGRAPHER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
COMPLETE AGREEMENT
This contract represents the entire agreement and understanding between the parties with respect to the subject matter herein and supersedes all prior written and oral agreements, discussions, or representations between the parties. Client represents and warrants that it is not relying on any statement or representation not contained in this contract. To the extent any terms set forth in any exhibit, attachment or schedule conflict with the terms set forth in this contract, the terms of this contract shall control unless otherwise expressly agreed by the parties in such exhibit, attachment, or schedule.
SEVERABILITY
If any provision of this contract, or portion thereof, is invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this contract will continue in full force and effect.
This is a contract for personal photography services to be provided by the Photographer and/or individuals subcontracted to do work for the Photographer.
The Parties agree to the above and below terms and conditions and acknowledge that they have received, read, and understand the Photographer’s current price list.
RIGHT OF REFUSAL
If for any reason, PHOTOGRAPHER does not feel able to provide you with the service you require, another PHOTOGRAPHER may be recommended. J Shine-Wright Photography, LLC reserves the right to refuse service to any CLIENT who knowingly and intentionally disregards any of the aforementioned policies.
SICK POLICY & COVID-19 UPDATE:
In order to keep my clients and myself healthy for sessions, I have a sick policy. If anyone attending the session is sick on the day of the session (or has not been fever or symptom-free for 72 hours), you MUST reschedule, or the sick individual must NOT attend the session. I thoroughly sanitize my workspace before each session, and make sure I do all I can to stay healthy and well, for my clients. Please do not enter my workspace if you are sick. This can cause me or other clients to come in contact with germs, and I may have to reschedule several other sessions if I become sick. If a client comes into the workspace sick, I may ask that client to leave and reschedule for the safety of other clients. UPDATE: Only people being photographed are allowed in the studio. Any person who books an individual photoshoot is allowed to bring ONE additional person to assist them. Masks are required for the additional person. A minimum distance of 6 feet must be kept between the client and the photographer. Thank you for understanding, and abiding by this policy.
Please read the terms and conditions carefully prior to booking. Understand that it is your responsibility to read and understand terms and conditions on this page. If there is something you do not understand, feel free to contact me here before submitting your payment. By booking your session, you are agreeing to the terms and conditions listed below.