Terms and Conditions
With this purchase you, the “Client,” acknowledge and agree to the following with JN Photography (“Company”). Other restrictions may apply.
- Session Appointment. It is the Client’s responsibility to verify and confirm Company’s availability before purchase.
- Image Release. Client, for good and valuable consideration, the receipt of which is acknowledged, hereby grants to Company, 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 “Pictures“), 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 Company.
- Ownership. 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 Company 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 Pictures, 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 Pictures to any person or entity without the express written permission of Company.
- Damages. Client further releases Company its parent company, 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.
- Additional Personnel. It is understood and agreed that no other photographer will be allowed to photograph or take pictures while the Company is working. All other parties, including but not limited to, coaches, makeup artists, models, additional clients, filmmakers, actors, and musicians shall not work or be on scene unless Company has approved their presence and agrees to other party’s or parties’ work(s).
- Additional Costs. The Client shall reimburse Company for any additional costs the Company may incur for travel, meals, parking, and other reasonable costs necessary to the performance of these services.
- Refunds. The deposit is not refundable if the Client cancels or changes the Service. Client can cancel Service without monetary penalty, the deposit and/or fees excepted, before 20 days of the agreed date. There is an additional 10% monetary fee if the Service is canceled within 20 days of the Service date. Company is not responsible for additional fees that may be deducted from the Client’s reimbursement, charged by third party companies including but not limited to credit cards and PayPal. Company has the right to reimburse Client via installments of the amount deemed solely by the Company.
- Late Fee. There is an additional 12% monetary fee if Client does not arrive on scene for Service on the agreed date within thirty minutes of the agreed time.
- Omit Fee. Company has discretion to omit Section 6 and/or Section 7 fee(s) in cases included, but not limited to, acts of God, unforeseen hazards, family emergencies, etc.
- Weather. A new Service date will be freely offered to Customer in cases of inclement weather. Customer can request a change of date or location. Company can accept or deny any request with, or without, financial penalties to the Client.
- Company Appearance. If the Company fails to appear at the place and time within thirty minutes of the specified time above, the deposit, up to 10% of Company’s charge, shall be refunded to the Client, and in such case the Company may completely refund Client of the Company’s charge in lieu of Service. In such case Company acknowledges responsibility for additional fees charged by third party companies including but not limited to credit cards and PayPal.
- Reasonable Assistance. The Client shall assist and cooperate with the Company 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 the Company’s direction; providing a person to guide the Company to desired persons and/or scenes; pre-shoot consultations, etc. The Company shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.
- Binding Document. It is the express intent of Client that this document shall bind all members of Client’s family, heirs, assignees and personal/professional representatives. It is the express intent of Company that this document shall bind all Releasees and employees.
- Representation. 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 documents contents.
- Ownership. The Client is the sole owner of the media desired to be converted. The Client must notify Company of copyright information prior to purchasing the product. Only after Company has received written permission and has notified Client of that permission should the Client send the copyright material for conversion. A refund will not be given to the Client if the Client fails to act accordingly and fees might be emplaced at the discretion of Company.
- Explicit Content. Client has received permission from each person displayed in the media to have the recording transferred to the Product. Sexual, nude, and/or highly provocative home media can only be made into Product if all parties have given written permission signed by each person displayed. This permission must be given and verified by Company.
- Illicit Content. The Client will not send media of illegal activity. Such media will not be produced on the Product and the Client will not receive a refund.
- Review. The Client has reviewed the order and the order is correct.
- Misc. Messages. The Product might display messages during viewing. This is not a mistake and does not warrant a refund.
- Refunds. Company has sole discretion about refunds and reimbursements. Client may request a refund within 30 days of the purchase. Company is not responsible for additional fees that may be deducted from the Client’s reimbursement, charged by third party companies including but not limited to credit cards and PayPal. Company has the right to reimburse Client via installments of the amount deemed solely by the Company.
- Product Guarantee. Company does not guarantee that the Product, whether digital file or disc, will work on all devices. Company cannot guarantee the life of the Product when the Product is exposed to harsh environments including, but not limited to, abuse, weather, lasers, heat/cold, acts of God, and the actions of children and man.
- Damages. Company is not responsible for any damages to any product or item, owned by Company or Client, unless it can be shown that such damages were caused directly by the Client and with malicious intent.
Updated 2017 July 11