TERMS AND CONDITIONS
Jessica Nixon Photography Contract
- This agreement is between Jessica Nixon Photography (hereafter ‘PHOTOGRAPHER’ and the signed ‘CLIENT’)
The Client agrees that he/she is responsible for all parties involved with the agreed upon photo session. If there is an individual involved in the photo session who does not agree to the terms of this agreement the Client assumes responsibility for any liability.
1. Scope of Work - This contract is for services and products related to a photography session. PHOTOGRAPHER agrees to provide no fewer than 20 proofs for CLIENT to view after the shoot in their online gallery, and is not required to provide more than this number of images. Jessica Nixon Photography will perform post-processing or digital image editing services on these photos where artistically necessary. The PHOTOGRAPHER will not provide the CLIENT with original images.
2. Fees -
The non-refundable booking fee is to secure your date and session time.
This booking fee covers the PHOTOGRAPHERS time and talent, online gallery, photography shoot and locks in current pricing. The booking fee is due at the time of booking – your photography session date and time is NOT secured until Jessica Nixon Photography receives the booking fee. Booking fee’s are non-refundable, but may be transferred over to another session if you have to reschedule. Please note there is a minimum order requirement of the collection you have decided to purchase. Once you have paid your booking fee, and had your session, there must be a purchase of a package.
3. Gift Certificates - Valid for only 12 months. The PHOTOGRAPHER has the right not to extend or refund any monies if the period expires. Customer must make the booking for their session to be held within the 12 months time.
4. Work Product
- PHOTOGRAPHER will deliver proofs of photos to CLIENT through online gallery no more than fifty days (50 days) after the date of the SHOOT. If there is a circumstance that hinders this, PHOTOGRAPHER will make contact with CLIENT before the 50 days. CLIENT understands and agrees that proofs in the online gallery are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not store the proofs.
PHOTOGRAPHER agrees to license photos to CLIENT from the photography shoot. All photos delivered to CLIENT are licensed for CLIENT’S personal use only and may be printed using a company of their choice. Jessica Nixon Photography will not be responsible for poor quality images printed through cheap photo-labs. Images ordered through Jessica Nixon Photography are sent to a professional digital lab ensuring you get the best quality printing and products.
If CLIENT is obtaining images for a newspaper announcement, editorial or website use, the Photographer allows CLIENT to do so, with reference of the PHOTOGRAPHER adjacent to the photograph and permission from Jessica beforehand.
Copying, scanning or reproducing images is strictly prohibited. Print-screening images from the website or Facebook business page is also against the law.
The online gallery will be hosted for a short amount of time, please place all orders within this time, you will be advised. CLIENT will be notified when online gallery is available for viewing. If you fail to place your order within the time that the gallery is online, a $40 Admin fee is due to re-issue an expired gallery. All images that are uploaded into the online gallery are unedited and uploaded at a low-resolution.
5. Travel – Travel up to 25 minutes total from postcode 3950 is included. Time and travel above this will be charged. Prices to be confirmed at booking.
6. Indemnification -
6.1 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, such as fire, flood, casualty, act of God or terrorism, illness, or any other reasonable cause outside the photographer’s control or expectation, CLIENT agrees to indemnify PHOTOGRAPHER for any loss damage or liability; however, PHOTOGRAPHER will return all in full all payments made by CLIENT to PHOTOGRAPHER in relation to this photography session. The PHOTOGRAPHER has the right to reschedule a session due to poor weather conditions such as, rain, wind, or being overcast causing poor lighting.
6.2 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. PHOTOGRAPHER will take reasonable steps to prevent data loss, but is not liable for loss of data due to technical failure.
6.3 - CLIENT understands and agrees that PHOTOGRAPHER is required to retain copies of a reasonable number of photos from the SHOOT for 100 days after the photography session. After this period has expired PHOTOGRAPHER has no duty to retain copies or originals files or photos from the event. It is the responsibility of CLIENT to purchase, store, and backup photos after the 100-day period.
6.4 – Payment Terms: CLIENT will make full payment within 30 days of making their order, unless a payment plan has been arranged with the PHOTOGRAPHER. No product will be released until FULL payment is made.
6.5 - If CLIENT requires a second copy of their images due to loss of USB flash drive or any other reason, the CLIENT will pay a replacement fee of $80. This includes replacement of USB and previously purchased images. This is non negotiable.
6.6 - CLIENT understands and agrees that PHOTOGRAPHER may have cords, light stands, and other gear and props at the location. CLIENT will hold PHOTOGRAPHER harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. CLIENT further agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.
6.7 - CLIENT agrees and understands that PHOTOGRAPHER may perform digital retouching of photos, including blemish removal, creative effects, teeth whitening, and other digital image edits. CLIENT agrees to hold PHOTOGRAPHER harmless for any edits which may be viewed as defamatory or demeaning.
6.8 - PHOTOGRAPHER will not be held responsible for the behaviour of children on the day. eg. tantrums, or any behaviour making it impossible to photograph. The PHOTOGRAPHER will not offer a cancellation or reschedule, unless the CLIENT wants to book and pay another booking fee.
6.9 - Exclusive Photographer - CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This also includes video footage. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations. CLIENT may take ‘behind the scenes’ images as long as confirmed with PHOTOGRAPHER first.
7. Model Release -
In exchange for valid consideration, CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may allow use of photos containing CLIENT’S likeness to third parties.
8. By paying your booking fee, you the CLIENT agree to the terms and conditions of this contract.