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Agreement Overview: This agreement contains the entire understanding between Jai Mayhew Photography and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Jai Mayhew Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Jai Mayhew Photography.
Images and Copyrights: The Photographs produced by Jai Mayhew Photography are protected by Federal Copyright Law and may not be reproduced in any manner withoutJai Mayhew Photography's explicitly written permission. Upon final payment by the client, the Client has limited copyright ownership of the resulting images which may be used only for personal use and may not be copied, edited, or reprinted without express permission of Jai Mayhew Photography. The client must obtain written permission from, and compensate Jai Mayhew Photography prior to the Client or its friends/relatives publishing or selling the images for profit. If obtaining a print for newspaper announcement of the an event or, editorial use or website, Jai Mayhew Photography authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the Photographer adjacent to the photograph. Further, client is prohibited from altering any image, including but not limited to, editing, color correcting or photoshopping in any way.
Model Release: The Client(s) and Subject(s) hereby grant toJai Mayhew Photography and it's legal representatives and assign, the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same, and to copyright the same. The Client hereby releasesJai Mayhew Photography and it's legal representatives and assigns from all claims and liability relating to said photographs.
Release of Digital Negatives: Photographer will release purchased high resolution files (digital negatives) from the session to Client at the Reveal Session. These files will be delivered via a USB drive. By releasing the digital negatives,Jai Mayhew Photography authorizes the Client to use the images received for their own personal use, including printing of the images at a lab of Client’s choosing, sharing on social networking sites (ie: Facebook, Instagram, Twitter). The digital negatives will be of the same quality as the images that are presented to the client at the Reveal. Photographers are not responsible for the quality of enlargements from these files that have been taken to a non-professional and/or consumer photo lab. No images may not be sold or published without the prior written consent of Photographer. Photographer will retain the copyright of the images as well as the exclusive rights detailed above under “Images and Copyrights.” Requests for additional and/or replacement copies of these files may be purchased and are subject to Photographer’s then current rates for replacement copies. Client is responsible for keeping their digital files, Jai Mayhew Photography does not guarantee to be in possession of any copies of the files after 6 months of the Reveal/purchase date.
Final Prints: Final Prints are individually edited for blemishes, stray hairs, visual symmetry, color correction, contrast adjustments, tonal adjustments, color enhancements, and conversion to black and white (if applicable). If requested, additional modifications and enhancements are billed at Photographer’s current retouching rates.
Limit of Liability: In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents her from photographing the event,Jai Mayhew Photography will make every effort to reschedule the photoshoot. If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for the package purchased. Jai Mayhew Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that the photographs have been lost, stolen, or destroyed for reasons within or beyond Jai Mayhew Photography control, Jai Mayhew Photography liability is limited to the return of all payments received for the portrait package. I waive, release and discharge Jai Mayhew Photography from any and all liability, including but not limited to, personal injury sustained during the photo session, any negligence leading to disability, personal injury, property damage, property theft, or actions of any kind. I certify that there are no health-related reasons or problems which preclude my participation in this activity or event.
Payment Schedule: The non-refundable retainer is due at the time of signing this agreement. This is a NON-REFUNDABLE PAYMENT. It shall be liquidated for damages toJai Mayhew Photography in the event of a cancellation, or breach of contract by the Client. Final delivery date for their Printed Reveal (digital reveal if Client lives out of the area) will be within one month of the shoot.
Package and Cost – Basic Information
$250 Session Fee is due upon the signing of this contract and the selection of a shoot date.
No more is due until the Reveal when the Client chooses which package & prints to purchase.