Terms and Conditions
The following agreement insures the entire understanding between the Photographer; Tabitha Jackson and the Client. If you feel that there needs to be added or change this material in this agreement please to do so in writing, it needs to be 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 parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
IMAGES AND COPYRIGHTS
Negatives and/or digital images (hereinafter collectively “images”) created by The Photographer and/or subcontractor(s) remain the property of The Photographer. It is illegal to sell, copy, scan or reproduce without the written permission of The Photographer. Any images posted on the internet must display some form of credibility to the photographer or have a watermark displayed on the photographs. Please do not edit, enhance or doing anything to the photographs. Violators of this federal law will be subject to its civil and criminal penalties. Permission is hereby granted to The Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
The Client & Subject(s) hereby grant to Tabitha Jackson Photography and its legal representatives and assigns, 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 the Photographer and its legal representatives and assigns from all claims and liability relating to said photographs.
LIMIT OF LIABILITY
In the unlikely event that the photographer is injured, becomes ill, or has an extreme emergency that prevents the photographing of the event or session, the Photographer will make every effort to reschedule the event. If for any reason this is not possible, liability is limited to the return of all payments received for the package purchased. The Photographer takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond The Photographer's control, The Photographer's liability is limited to the return of all payments received for the portrait package.
The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
RETAINER & PAYMENT SCHEDULE
The total cost of the session is due at time of of booking. This is a NON- REFUNDABLE RETAINER. It shall be liquidated for damages to the Photographer in the event of a cancelation, or breach of contract by the Client. The Client shall also be responsible for payment of any materials/charges incurred up to time of cancellation. Any remaining charges are payable in full on the date of the session.
Images are edited at the photographer’s discretion, and delivered prints may not include all images shot. The photographer reserves the creative right to edit and release only those deemed creditable as professional in quality and within the photographer’s artistic standards. It is prohibited for the Client or any other parties to make further creative edits to the photographs once the images have been delivered.
If the Client has a request for a small alteration of an image, please let the Photographer know when you place your order. The Photographer can address minor changes at no cost (fix blemishes, tighter crop, etc.), but more involved requests are billed at $40 every 1/2 hr. The Photographer will let you know if there will be extra charges before work begins. Once the requested changes are made, charges apply regardless of whether the final product is purchased.
Only the Client may discuss any problems that arise with this agreement. Client assumes responsibility for any and all collection costs and legal fees incurred by The Photographer in the event of enforcement of this contract becomes necessary.