Please digitally sign and submit. Contract is legally binding. Please read carefully.
This Photography Contract (the “Contract”) is made effective as of (the “Effective Date”), by and between JMS-FACE Photography, LLC (the “Photographer”) of 2830 Lone Oak Rd Suite 1A, 3, & 4 (Chelsea Square), Paducah, KY 42003 and THE CLIENT:
(Mailing Address Required)
(Phone Number Required)
(Email Address Required)
Session Location: 2830 Lone Oak Rd, Suite 3, Paducah (Chelsea Square, Corner Unit, Navy Awning) unless otherwise agreed upon.
CONTACT: If you need to contact the Photographer at any point, please do so by phone call (270-556-9443) or by Facebook Messenger through the business page for the best response time. Other means of contact: Email - firstname.lastname@example.org or through our website contact form: www.FACEphotographyPaducah.com We will reply back as soon as possible, during normal operating hours. A working phone number with voicemail is required for communication with the photographer.
We do not receive or send text messages.
CELL PHONE IMAGES OR SECOND PHOTOGRAPHER: Under no circumstances should a client, clients family/attending party or ambassador take pictures while shooting a session with the only exception being if the photographer or assistant is also in the image. This includes but is not limited to taking pictures with cell phones, cameras, or video recording devices. If images are taken with the photographer or staff in them and posted or shared in any capacity, they must be tagged with the business using the following # and info: #FACEphotographyPaducah @FACEphotographyPaducah www.FACEphotographyPaducah.com If this clause is broken, anything that comes with the session fee is forfeited and the session will be stopped.
WHEN TO BOOK & TERMS It is strongly encouraged that clients book as follows:
*Maternity clients: 28-34 weeks is ideal but can be done at any point during the pregnancy.
*Newborn clients: Ideally, clients should prebook your due date and attend 4-10 days after birth. Waiting longer than 10-14 days after delivery could impact the images taken during the session as older babies are less likely to handle certain poses that need to be captured while baby is sleeping soundly and safely. A newborn is considered such for 3 weeks after birth. Booking outside of this 4-10 day window is allowed but the client understands that the gallery may differ slightly from portfolio images seen on the website and most of the session will be completed with baby wrapped.
DESCRIPTION OF SERVICES. Photographer will provide a (session type) photography session for Client on (the “Session”) at . The Session shall be complete when Photographer has obtained the necessary photographs of Client or when the time of the session is up, whichever comes first, but shall in no event last longer than _90__ minutes.
The session fee: $100 will serve as the retainer to hold the session date/time on the calendar and $50 will serve as the retainer to hold the Ordering Appointment date/time. If the session or the ordering appointment is not attended on the original dates, the retainers are forfeited and a new retainer must be paid to rebook. This includes being more than 10 minutes late for a mini session or ordering appointment or more than 20 minutes late for a full session.
Session ($350 session fee): A proofing gallery with up to __30___ images, reserved time slot on the calendar, reserved time for the photographer and at least one assistant, all necessary props/decor, etc (this includes a cake for smash sessions and an outfit for a session with a child under 1 year), access to our Couture Client Closet/Wardrobe selection, an online proofing gallery for friends and family to view after the Design Session (for 7 days), a Consultation/Planning session (1 hour) and a Design Session (1.5 hours), all pre and post production work as well as the following:
All prints and products are purchased separately and selected at your ordering session. You can view some of the ordering options here: Custom Products | facephotography (jmsfacephotography.com)
You can view full session details here: Book Single Session: Products A-La-Carte | facephotography (jmsfacephotography.com)
There is no guaranteed set number of images for model call sessions.
The total session fee for the session booked is $350 and $150 serves as the retainer. The session fee and retainer are non refundable. $200 is due on or before session day.
ORDER OF SERVICE & TERMS.
1) Pre Session Consultation & Client Closet: Not required but strongly encouraged to plan the session, see products in person, meet the staff, and begin your selections with us. Access to the gown closet and try on can also be done at this time.
2) Session Day: If a Maternity session, two complete wardrobes will be styled and waiting upon arrival, by the staff as well as complimentary hair and make up services. See time requirements and other details below. If newborn or milestone: all items needed for a successful session are provided by the studio.
3) Design & Selection Session: The client will come back to the studio roughly 7 days after the session to view finished images and purchase products. All ordering is done at this appointment and all decision makers should be present. Payment is expected (payment in full, 1/2 down and 1/2 within 30 days or payment plan requiring 20% down and the balance split between 4 payments, over 2 months).
4) Ordering & Processing (up to 6 weeks, depending on products selected).
5) Arrival, Quality Control & Packaging
6) Client Pick Up (curb side) or Delivery and Installation. We will call when everything is in and ready for pick up. Shipping is available at clients cost.
SESSION RETAINER PAYMENT. Client agrees to pay Photographer a sum of $150 to reserve the time for the Session (the “Session Retainer Payment”) . This Session Retainer Payment is non-refundable and must be paid in advance of the Session. Any money paid in as the first and initial payment for a particular session is considered the retainer, regardless of amount.
$100 will hold the date/time for session and $50 will hold the date/time for the ordering appointment.
NO REFUNDS. Photographer shall make every effort to ensure that Client is satisfied with the photographs delivered under this Agreement. Because photography is, by nature, subjective and the services to be performed under this Agreement are custom, Client shall not be entitled to refunds for services rendered under this agreement.
NEWBORN SESSION REQUIREMENTS.
*Babies should attend the session at 9am between days 4 and 10, if at all possible. If traveling from out of town, the photographer can provide a hotel list.
*Babies should be kept awake at least 30 minuets prior to the session time (90 minutes if baby is older than 14 days).
*Babies should be provided with a full feed upon arrival to the studio, at 9am.
RETURNED CHECK FEE. Photographer shall pay a service fee of $50 for any checks that are returned for insufficient funds. In the event of a returned check, Client shall be responsible to pay this returned check fee in addition to the amount otherwise due under this Agreement.
RESCHEDULING POLICY, DUTY TO ARRIVE ON TIME, CANCELLATION & RETAINERS.
*Clients shall arrive on time.
*The retainers are forfeited if a client no calls/no shows. if a client is more than 20 minutes late for a full session, or if a client is more than 10 minutes late for an ordering appointment or mini session. A new retainer will be paid to rebook a new date/time.
*If a client cancels a session, all money will be returned to the client as long as more than 48 hours is given, with the exception of the retainers. If less than 48 hours, no money will be returned. A cancellation contract must be signed for any cancellation.
*If the client is a wedding or event client and not a session client and needs to cancel, they must give at least 30 days notice. Event retainers ($300) is non refundable. ==
*If the photographer must cancel, all money will be returned to the client OR a replacement photographer will be provided to the client who can provide the same experience/service.
MULTIPLE CANCELLATIONS, RESCHEDULES OR NO SHOWS: For any type of session/appointment, the photographer has the sole discretion to rebook a client who has requested multiple reschedules, date changes, cancellations, late shows or no shows.
MAKEUP, HAIR, AND WARDROBE. Clients should provide their own hair and make up for all sessions, with the exception of sessions specifically booked with hair and make up. Maternity clients will receive complimentary hair and make up, unless waived. A client can prebook hair and make up for other sessions for $80 but must prebook well in advance by calling the studio and making arrangements.
SAFETY OF CLIENT AND PHOTOGRAPHER. It is important that both Client and Photographer feel safe throughout the Session. The parties agree as follows with respect to safety:
Photographer and client has the absolute right to refuse to continue with a shoot if, at any time, Photographer or client feels unsafe (with respect to Photographer’s person and/or property) or is subjected to harassment, threats, abusive behaviors, potential illness is suspected, or other hazardous conditions (whether from Client or from others in the immediate environment). If the threat, abuse, harassment, or other unsafe condition is not the result of any action by Client, Photographer and Client shall either reschedule the Session or move the Session to a non-threatening location. If Client harasses, threatens, or abuses Photographer or puts Photographer in a hazardous position including likelihood of any illness, work will stop immediately and the Client shall not be entitled to a refund or to have the Session rescheduled.
Photographer shall comply with any requests and honor any concerns raised by Client. Because Client is responsible for voicing any concerns, Client agrees not to hold Photographer liable for any injury, harm, or damage that may occur during the Session, including from Client taking direction from Photographer. By following the direction of Photographer without stating concerns, Client takes full responsibility for Client’s actions (and all parties attending with the client) and all consequences of those actions.
Safety & Terms for Underwater. All terms previously mentioned apply. The client agrees to hold harmless, the photographer, for any injury before during or resulting from an underwater session. By booking and attending an underwater session, the client agrees they can swim. The client understands that the photographer will keep the client either in water where they can touch or where they are along an edge, so that the client can take breaks as needed. The client understands that breathing technique are taught and should be practiced but are not meant to be used as life saving techniques. The client understands that being in water (or any element) is a risk and they assume all consequences of this risk. The photographer or its staff or contracted help can not be held liable for any injury or death that could be related to an underwater session. The client is always responsible for their own safety.
CONTROL. The CLIENT has the responsibility to maintain control of themselves and their children and guests at all times. Should damage to any piece of equipment, prop, studio item, gown, art work or any other item that is property of the PHOTOGRAPHER or studio, take place before, during or after a session or event, directly or indirectly caused by neglect, malice or intentional or unintentional act of the CLIENT or the CLIENTS CHILDREN OR ATTENDING PARTIES, the CLIENT is responsible for replacement of such item(s), up but not exceeding the original cost of the item. Payment should be remitted within 30 days of the event.
The photographer will do the best work possible with uncooperative children but is not responsible to provide extra services or time when children are unable to participate in the session because of uncooperative behavior.
INCLEMENT WEATHER. If the weather is such that it could be detrimental to the sessions outcome, could become unsafe, or the threat of bad weather or bad circumstances (such as storms, fires, tornadoes, etc), the session will be rescheduled, at no cost to the client. This decision is solely up to the photographer.
If it is absolutely necessary to move forward with the session/event, against the photographers recommendations, even during these types of circumstances, the client becomes responsible for damages to the photographers equipment and is responsible for replacement. If injury is incurred by the photographer or staff of the studio, the client is responsible to cover any and all costs associated with the injury. If the client is injured, the client is responsible for any and all costs associated with the injury.
MODEL RELEASES. CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sub-licensees, 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. Should the PHOTOGRAPHER win any kind of award or competition for any image, the CLIENT agrees that a third party pay publish the image, at the PHOTOGRAPHERS discretion. This agreement applies to the contracted party and all individuals being photographed during the session, including children.
SELECTION AND ORDERING. Photographer and Client shall schedule an in-person ordering appointment to occur 7-14 days after the Session. During that appointment, Client shall select the final images and photographic products and place all orders. If the ordering appointment is attended without reschedule and an order is placed, a $50 product credit will be applied. See above for no call/no shows and rescheduling as well as payment expectations. Product and digital prices, offerings, and packages are subject to change at any point, without notice.
DELIVERY OF PHOTOGRAPHIC PRODUCTS. Photographer shall deliver the photographic products selected and purchased by Client four (4) to eight (8) weeks after the in-person selection appointment at a time that is mutually agreed upon by the parties at that appointment:
The photographic products shall not be delivered until Client has completed all payments due under this Agreement.
ARCHIVAL OF IMAGE FILES OR PRODUCTS THAT ARE NOT PICKED UP. Photographer is not obligated to store electronic copies of any photographs after they are delivered to Client.
*Images are not guaranteed to be recoverable, more than 30 days after the ordering appointment.
*If a client wishes to attempt to have their images recovered, a $50 fee will be charged for the attempted recovery and regeneration of a new gallery, to be available for previewing and ordering for 14 days.
*A gallery can be archived by the studio for a $200 fee, where the gallery is saved in multiple locations and IS guaranteed for 5 years from the session date, for future ordering.
*In the event that a client doesnt pick up products after 90 days, the studio has the right to discard products or use them as samples, as they see fit. The client waives the right to these products, after 90 days.
ELECTRONIC AND DATA STORAGE AND RECOVRY
The photographer, to the best of their ability, will store and save all images. In the event of equipment malfunction, computer loss, damage or destruction, card corruption, camera failure, and/or back up failure, as well as other acts of God, the photographer can't be held liable for such unpredictable and unpreventable instances. In the event that images are lost and not recoverable within 6 months from the date of loss (6 months allows the photographer time to send the computer/card, etc off for data recovery), the effected parties session will be reshot, if possible. If this is not possible because it is an event or baby has been born, a refund for the session fee will be issued, making the client whole. The studio can't be held liable for malfunction of equipment, as long as the photographer took proper precautions including:
*Having a back up camera available for events and a second back up shooter for a wedding. *Dumping images immediately to the computer and to the editing software, after the session is completed. *Backing up images a separate hard drive within 60 days of the ordering appointment.
Please also note: We do not guarantee images more than 30 days out from the ordering appointment.
COPYRIGHT OWNERSHIP & DIGITAL FILES & RELEASE. Photographer shall retain the copyrights to all photographs and other works created under this Agreement and has the right to use the images for whatever they deem appropriate or necessary. Photographer covenants and agrees not to sell or license any photographs produced under this Agreement to any third parties without Client’s consent.
SOCIAL MEDIA FILES: Social media files are for social media use only and have a logo in the bottom, right corner of the image. These are given, complimentary, with the purchase of products or can be purchased for $25 per file. These files can be shared with friends and family.
HIGH RESOLUTION DIGITAL FILES: HR files are for social media use and have printing rights (no logo). They are purchased, just like any other product, at a rate of $65 per file and can be used for personal use only (not commercial or for advertising). These files can't be shared with other people.
COMMERCIAL DIGITAL FILES: Commercial files can be purchased for commercial or advertising use at a rate of $100 per file.
All digital files are to be downloaded by the client within 7 days of receipt and it is the client's responsibility to keep and maintain these images. Once downloaded, the order is considered complete. A fee of $50 will be assessed if the images are not downloaded in this window and the gallery needs to be reopened for an additional 7 days.
While not required, the studio does ask that the client tag the studio when posting on social media: @/#JMSfacephotography
ASSERTING COPYRIGHTS AGAINST INFRINGERS. As the owner of the copyrights in the photographs, the Photographer shall have the right, but not the obligation, to take legal or other action to enforce the copyrights, including by sending cease and desist letters, sending demand letters, sending Digital Millennium Copyright Act takedown notices, and/or filing lawsuits or other legal actions against infringers. To the extent Photographer takes such action, Photographer shall bear all costs and associated with the enforcement action and shall be entitled to all proceeds from the enforcement.
CLIENTS THAT ELECT TO "BUNDLE" SESSIONS. If the CLIENT elects to participate in the bundle program:*Client will receive a 20% discount on all sessions pre booked (date selected & retainer paid). The retainer will be prepaid and the balance will be due on session day. *Client has 2 years from the date of the first bundled session to use all session credits, print credits &/or releases. If any portion of the bundle is unused after two years, all money paid in is considered spent and non refundable and any unused portion is forfeited. As always, all retainers are non refundable.
MODEL CALLS OR COMPLIMENTARY SERVICES. Give-a-ways, prizes, auctioned items, and other winnings are all free to the CLIENT as listed, exactly. No trades, no swap of session type of kind or value. Expiration date is listed an enforced. In the case no expiration date is listed, consider it must be used the same calendar year of issue. No change or money back is given from unused or unclaimed winnings. If the session that was "won" or received as a prize is not completed, for any reason, other perks that come with winning are forfeited. (Example: If you win a birth session and a newborn is offered at half price and the birth session does not take place, the half price newborn session is no longer in play and is void). Model Calls are for the purpose of creating images to use for the studio, as advertisement and the selection of a model is at the sole opinion of the PHOTOGRAPHER. Any qualifying details are listed In the application and the potential model agrees to those terms, by submission of application, including but not limited to this term: The model will not work with another local photographer in the next year, as it would be a conflict to work for FACE as a model but then book with another photographer, professional or otherwise. Model Call sessions have no minimum image requirement for client proofing.
RELATIONSHIP OF PARTIES. Photographer is an independent contractor with respect to Client. Photographer is not an employee of Client, and this agreement does not create a partnership, joint venture, or any other relationship between the parties.
REPUTATION MANAGEMENT. This agreement is not an endorsement by either party of the other. Neither Photographer nor Client is required to disclose the relationship or promote the services or products of the other. Each party may disclose the relationship so long as the nature of the relationship is not misconstrued in any way.
Photographer agrees to indemnify and hold harmless Client from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted against Client by any third party that result from the acts or omissions of Photographer, Photographer's members, if any, and Photographer's agents. Client agrees to indemnify and hold harmless Photographer from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted against Photographer by any third party that result from acts or omissions of Client, its members, if any, and its agents.
Client assumes full and complete responsibility for safety of themselves, their children, their guests, during specialty sessions with unique circumstances such as but not limited to sessions with animals, outdoor locations, underwater sessions, pond, flower field, etc. Client is solely responsible as assumes all risk by booking and attending the session. The client agrees to indemnify and hold harmless the photographer and its employees from all claims, losses, expenses, fee, judgements, and injury that may be asserted against the photographer by any party.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 3 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this agreement.
FORCE MAJEURE. If performance of this agreement or any obligation under this agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party reasonably timely written notice of such event (more than 24 hours for a session and more than 30 days notice for an event), then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
SICK POLICY. FACE Photography has a sick policy in effect and will fully enforce, at all times. If you are sick or suspected to be ill (coughing, vomiting, etc), the studio has the right to refuse further services and ask the clients to leave and reschedule. If the client is ill, they should not attend the session and provide as much notice as possible to the studio. Contractors of the studio also have the right to refuse further services, for any reason, including illness.
The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly, cooperative negotiations. If the matter is not resolved by negotiation, the parties will resolve the dispute using Alternative Dispute Resolution, as follows:
Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation. If mediation is unsuccessful, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association, with the arbitration to be held in Paducah, Kentucky. The arbitrator's award will be final, and any court having property jurisdiction may enter judgment on that award. Any action to enforce or challenge the arbitrator’s decision shall be initiated in the Federal Courts in Kentucky.
This agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this agreement. This agreement supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
AMENDMENT. No amendment to or modification of this agreement is effective unless it is in writing and signed by each party.
GOVERNING LAW. This agreement shall be governed by the laws of Kentucky.
WAIVER. No waiver by any Party of any of the provisions of this agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
ASSIGNMENT. Neither party may assign or transfer this agreement without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.