Your non-refundable session fee includes:
- Travel: to and from the location of your choice
- Up to 3 hours of photography, on location
- Full editing of images
- Online proofing and ordering session *
By signing this contract you are agreeing to the following:
• No images or products shall be provided before payment is made in full.
• Cameras, including cell phone cameras, and recording devices may not be used during our session.
• There is no guarantee of the number of images presented from a session. Many factors contribute to this, including the cooperativeness of the subject.
• As an artist, I reserve the right to artistically interpret what I see and in what ways I choose to photograph a scene. This may mean that some shots are color, some are B&W. Images presented to the client are the only images
• If the subject is a minor I certify that I am legally able to give consent for the minor child.
• I agree that Jessica Everhart Photography may use such images with or without my name for any lawful purposes, including but not limited to publicity, illustration, advertising, and web content.
• Due to the artistic nature of custom photography all sales are final. *
Terms and Conditions
1. Retainer and Payment. The Client shall pay a retainer in the amount of the session fee to the Photographer to perform the services specified herein. The client shall pay the retainer upon booking a session. This retainer is payable via cash, debit/credit or via PayPal.
2. Cancellation. If Client shall cancel for reasons that retainers are non-refundable for any reason. Rescheduling. Sessions can be rescheduled with a 48 hr notice, if a reschedule occurs without a 48 hr notice a $50 fee is required to move your time and session.
3. Photographic Materials. All photographic materials, including but not limited to digital files, proofs and prints, shall be the exclusive property of the Photographer.
4. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.
5. Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer.
6. Failure to Perform. 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 the Photographer’s illness, then the Photographer shall return the retainer 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 or computer 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.
7. Performance. If the client does not follow guidelines placed by the photographer for the success of their session. The photographer is not responsible for images not captured.
8. Photographer’s Standard Price List. The charges in this Agreement are based on the current session fee. The session fee is adjusted periodically and future sessions shall be charged at the prices in effect at the time when the session is booked.
9. Newborns are to not be in harms way in any shape or form, the photographer has the right to refuse any pose or prop, she feels is dangerous or unsafe for baby.
10. If any medical needs are required for the safety of the newborn the photographer must be aware of any and all needs BEFORE the session date.
11. Safety of the newborn is top priority if any accidents do occur the photographer is not liable in any way. (Do not worry in 10 years this has never happened).
12. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Ohio.