By signing up for a mini session with Jessica Doffing Photography, LLC you are agreeing to terms and conditions stated below.
1. Work Product:
PHOTOGRAPHER will deliver an online viewing gallery of a minimum of 5 jpeg images to CLIENT within one (1) week after the date of the SHOOT. CLIENT will choose 5 images to be delivered via digital download within one (1) week of receipt of gallery. Additional images (if available) may be purchased separately.
PHOTOGRAPHER agrees to license photos to CLIENT from the SHOOT. All photos delivered to CLIENT are licensed for CLIENT’S personal use only. Photos from the SHOOT to be delivered to the client will be according to the following order.
Five (5) jpeg digital files at 300ppi resolution
2.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.
2.2 - If PHOTOGRAPHER is unable to perform this contract due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the PHOTOGRAPHER, the PHOTOGRAPHER and the CLIENT shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the PHOTOGRAPHER shall return the retainer to the CLIENT and shall have no further liability.
2.3 - 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.
2.4 - CLIENT understands and agrees that PHOTOGRAPHER is required to retain copies of a reasonable number of photos from the SHOOT for 60 days after the SHOOT. After this period has expired, PHOTOGRAPHER has no duty to retain copies or originals of files or photos from the event. It is the responsibility of CLIENT to purchase, store, and backup photos after the 60-day period. This clause is subject to the limitations in Section 2.3 of this contract.
2.5 – CLIENT understands and agrees that PHOTOGRAPHER may have cords, light stands, and other gear 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.
2.6 – CLIENT agrees and understands that the quality of a photograph is entirely subjective. PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
2.7 – 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.
2.8 - CLIENT agrees that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT. CLIENT agrees that PHOTOGRAPHER is not responsible if CLIENT and/or key individuals fail to appear or cooperate during photo sessions.
3. 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 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.
4. 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, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties.