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TERMS & CONDITIONS
FEE PAYMENT: The $350 session fee shall be paid to reserve your spot and it must be received within 5 days or your selected date will be made available to another client. The session fee is non-refundable due to the nature of the service. THE SESSION FEE DOES NOT INCLUDE ANY PRINTS OR DIGITAL IMAGES. There is a $1000 minimum purchase order which can be put towards any print products. In the event of a cancellation, or breach of contract by the Client, the session fee will be liquidated for damages to Jai Mayhew Photography. Final delivery date for the Printed Reveal (digital reveal if Client lives out of the area) will be within one month of the shoot. All sales are subject to applicable local and state sales tax which is added at checkout of your order.
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.
CANCELLATION: If Jai is unable to perform to the guide lines of this contract due to a fire or other casualty, act of God, act of terrorism, or other cause beyond the control of the parties, or due to a significant illness of Jai; and if Jai is unable to provide another time that is agreeable to the client, then all fees paid by the client will be returned in full, Jai Mayhew Photography shall have no further liability with respect to the agreement. If Jai Mayhew Photography is unable to perform to the obligations in this contract for reasons outside the sole control of Jai, she will not be liable for costs in excess of the amount the client has paid. This limitation of liability will also apply in the event that digital images are lost through camera malfunction, damaged in processing, lost in the mail, or otherwise damaged or lost without fault of the photographer, Jai Mayhew. Sessions moved due to weather or client request must be rescheduled to a date agreed upon by both the client and Jai Mayhew Photography within the calendar year. There are no refunds on session fees due to inclement weather. If you need to change the date of your session, you must do so 30 days prior to your session or you will forfeit your session fee. We allow for one reschedule due to circumstances not related to weather as stated above.
EXCLUSIVE PHOTOGRAPHER: Jai Mayhew will be the exclusive photographer with no other cameras or recording devices permitted during your session(s). No photography is allowed by anyone other that Jai during the session and this includes cell phones unless Jai says otherwise so you can share what we are doing with your family or friends.
COPYRIGHT: It is illegal to use or copy images in any way or manner without written permission by Jai. If purchasing or receiving digitals, you are obtaining the right to print/use those images for personal use only without a watermark but Jai Mayhew Photography retains all copyright. You are not allowed to transfer the images to any third party companies or submit the images in any photography competitions. No other watermarks or any other digital markings are permitted to be put on any photographs taken by Jai. If done, this will be considered a breach of contract. 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.
SOCIAL MEDIA: Jai has the right to use your photographs to promote her business on marketing materials, her blog, website and social media sites. No names are ever used. For posting images on social media platforms, you will not need to have watermarked images if when posting your digitals but we do ask that you tag “Jai Mayhew Photography's" corresponding usernames/profiles when doing so. Please do not screen shot and post any images you receive as that will distort the quality of the images.
RETOUCHING: 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.
MODEL RELEASE: Photographs taken at all sessions and presented by this photographer may be used by Jai Mayhew Photography for the purpose of display, portfolio, advertising, website or any publication to promote her studio or name, and the images can be used without additional compensation to the undersigned. No names are ever used unless you allow.
The Client hereby grants to Jai Mayhew Photography, 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 releases Jai 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.
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