IMAGE RELEASE, TERMS & CONDITIONS
|1. Image Release / Ownership. Client/Payee/Guardian and the Photographed Subject (“Client”), for good and valuable consideration, the receipt of which is acknowledged, hereby grants to JN Photography, its legal representatives, assignees, and those acting under its authority, the unrestricted right and permission to copyright and/or use, and/or publish photographic portraits or pictures of the Client (the “Product”), and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which Client may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, in any media for advertising, awards, business promoting, charities, competitions, displays, portfolios, profits, social media, internet websites, and other uses deemed practical by JN Photography. Client hereby relinquishes any right that he/she may have to examine or approve the finished product or products or the advertising copy or printed matter that may be used in connection with an image that JN Photography has taken of the Client, or the use to which it may be applied. Client waives any ownership and publication right he/she might be entitled of in connection with the Product, with the exception of the personal use that does not include competitions, financial gain, or commercial use. Client agrees he/she has no right to sell, license or publish any of the Product to any person or entity without the express written permission of JN Photography.
2. Damages. Client further releases JN Photography, its owners, subsidiaries, affiliates, officers, agents, servants, or employees (“Releasees”) from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting the Client to conspicuous ridicule, scandal, reproach, scorn and indignity. Client also waives any and all claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by Client, or any of the property belonging to Client, whether caused by the negligence of the Releasees, or otherwise, while performing the photography session, or while in, on or upon the premises where the photography session was performed.
3. Additional Personnel. It is understood and agreed that no other photographer will be allowed to photograph or take pictures while JN Photography is working unless JN Photography otherwise agrees. All other parties, including but not limited to, coaches, makeup artists, models, additional clients, filmmakers, actors, videographers, and musicians shall not work or be on scene unless JN Photography has approved their presence and agrees to other party’s or parties’ work(s) and presence. Client may take on-scene and behind-the-scene photographs with their cellular devices and/or tablets with the previous consent of JN Photography. Any violation of this section shall result in the Client being fined $250.00 or 5% of the total investment listed above, whichever is greater.
4. Reasonable Assistance. The Client shall assist and cooperate with JN Photography in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at JN Photography’s direction; providing a person to guide JN Photography to desired persons and/or scenes; pre-shoot consultations, etc. JN Photography shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.
5. Binding Document. It is the express intent of Client and his/her Guardian that this document shall bind all members of Client’s family, heirs, assignees and personal/professional representatives. It is the express intent of JN Photography that this document shall bind all Releasees and employees. Client represents that he/she is 18 year or older at the time of signature and this release and contract was willingly signed with full knowledge of the document’s contents or Guardian represents that he/she is 18 year or older at the time of signature and this release and contract was willingly signed with full knowledge of the document’s contents while the Client is under the age of 18.
1. Quantity & Delivery. The quantity of the Product may consist of and include renditions of photographs and/or images at the JN Photography’s discretion. The JN Photography has the discretion to include additional renditions and/or quantities at no additional investment of the Client. JN Photography reserves full discretion to decide which images are printed and/or delivered digitally without the previous knowledge or input of the Client. The JN Photography shall not begin post-session work on the Product, nor shall the Product be delivered, until the Product is paid in full, including any additional services and/or prints, by the Client and/or Payee. Client acknowledges that the estimated delivery date of the Product is estimated with the implication that the Product shall be paid in full by the date of the photography session or by end of the financing schedule listed above. Refunds are not applicable in regards to this section.
2. Hardware Failure. In the event of hardware failure such as camera equipment or memory card failure and JN Photography is thus completely unable to produce the Product inside or outside the contracted timeframe, JN Photography shall reimburse Client the entire investment, including any and all charges, taxes, and third party fees. Client has the right to accept reimbursement via JN Photography gift voucher, installments, or combination thereof. The amount and timeframe of installments shall be deemed solely by JN Photography, however, the complete and total reimbursement shall not exceed five years unless an extension is accepted by Client.
3. Additional Costs. The Client shall reimburse JN Photography for any additional costs the JN Photography may incur for travel, meals, parking, and other reasonable costs necessary to the performance of these services. Client is responsible for reasonable and preapproved overtime performed by JN Photography at a rate of $60.00 per hour and an hour is limited to sixty minutes. A new hour begins one second after the close of the original End Time and so forth. Overtime must be verbally approved or approved in writing by the Client, Guardian, or Payee. Collection is due before JN Photography will release the Product to the Customer.
4. Travel Fee. The JN Photography reserves the right to charge the Client a travel fee for travel requirements outside of 40 miles from the Lynchburg Regional Airport located in Lynchburg, Virginia. The travel fee will not exceed $1.25 per mile after 40 miles from the Lynchburg Regional Airport so long that transportation includes a Virginia Department of Transportation approved automobile and no other mode of transportation. All other modes of transportation, to include but not be limited to airplane, boat, train, and/or helicopter, will be charged to the Client’s account and must be paid in full prior to the JN Photography reserving such transportation.
5. Cancelation Fee. The deposit is not refundable if the Client cancels or changes the Service. Client can cancel Service without monetary penalty, the deposit and third party fees excepted, before 20 days of the agreed date. There is an additional 20% monetary fee if the Service is canceled within 20 days of the Service date. There shall be no refunds if the Service is canceled within 48 hours of the Service date and time. If Client has not paid before the cancelation fee is initiated then Client will be charged the fee with their next contracted session and/or action will be conducted in the United States Court of Law. JN Photography has the right and sole discretion to reimburse Client via installments, JN Photography gift voucher, or combination thereof in the amounts deemed solely by the JN Photography. The purchase of additional images cannot be canceled and will not be reimbursed.
6. Tardiness. If the JN Photography fails to appear at the place and time within thirty-five minutes of the specified time above then up to 5% of JN Photography’s charge shall be refunded to the Client, and in such case the JN Photography may completely refund Client of the JN Photography’s charge in lieu of Service. JN Photography may provide reimbursement via JN Photography gift voucher. Any third party fees, fines, penalties, advances, etc. will be deducted from any refund and/or reimbursement to the Client. Tardiness by the Client may result in deceased Product and this difference of services and or product provided via the decrease will not be refunded.
7. Weather & Omission of Fees. JN Photography has discretion to omit fees in cases included, but not limited to, acts of God, unforeseen hazards, illness with receipt of a doctor’s note, family emergencies, etc. A new Service date will be freely offered to Client in cases of inclement weather. Client can request a change of date or location. JN Photography can accept or deny any request with, or without, financial penalties to the Client.