Terms and Conditions
With this purchase you, the “Client,” acknowledge and agree to the following with JN Photography (“Company”) which shall be listed on the respected contract. It is the Client’s responsibility to verify and confirm Company’s availability before purchase. Other restrictions may apply.
Portraiture Terms & Conditions
1. Image Release John Smith (“Client”), for good and valuable consideration, the receipt of which is acknowledged, hereby grants to JN Photography (“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 “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 Company.
2. 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 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 Company.
3. Quantity & Delivery. The quantity of the Product may consist of and include renditions of photographs and/or images at the Company’s discretion. The Company has the discretion to include additional renditions and/or quantities at no additional investment of the Client. Company reserves full discretion to decide which images are printed and/or delivered digitally without the previous knowledge or input of the Client. The Company 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
4. 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.
5. Additional Personnel. It is understood and agreed that no other photographer will be allowed to photograph or take pictures while the Company is working unless Company 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 Company 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 the Company. 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.
6. Hardware Failure. In the event of hardware failure such as camera equipment or memory card failure and Company is thus completely unable to produce the Product inside or outside the contracted timeframe, Company 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 Company, however, the complete and total reimbursement shall not exceed five years unless an extension is accepted by Client.
7. Financing. Financing is not guaranteed. The Client and/or Payee’s updated and most recent FICO credit score must be voluntarily submitted to the Company. A FICO score below 630 will be declined. There is a one-time $30 late fee for each late payment. There is an additional $50 late fee if payment is/is over 30 days past due and will be applied every 30 days. Each late fee applies to each due date of each payment. The financing agreement does not include a possible 2.9% convenience fee for card, electronic, or digital payments. The convenience fee may be more or less than 2.9%. There is no fee for early or additional payments, except for electronic and card payments that may or may not have an added convenience fee. Refinancing is possible upon request, but may be declined. Services must be paid in whole before product will be released to the Client. Both the Client and Payee are legally responsible to provide full payment to the Company.
8. 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. Client is responsible for reasonable and preapproved overtime performed by Company at a rate of $120.00 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 Company will release the Product to the Customer.
9. Travel Fee. The Company 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 Company reserving such transportation.
10. 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. Company 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 Company. The purchase of additional images cannot be canceled and will not be reimbursed.
11. Tardiness. If the Company fails to appear at the place and time within thirty-five minutes of the specified time above then up to 5% 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. Company 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.
12. Weather & Omission of Fees. Company 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. Company can accept or deny any request with, or without, financial penalties to the Client.
13. 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.
14. 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 Company 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.
Wedding Photography
1. Image Release. You (“Client”), for good and valuable consideration, the receipt of which is acknowledged, hereby grants to JN Photography (“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 “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 Company.
2. 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 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 Company.
3. Quantity & Delivery. The quantity of the Product may consist of and include renditions of photographs and/or images at the Company’s discretion. The Company has the discretion to include additional renditions and/or quantities at no additional investment of the Client. Company reserves full discretion to decide which images are printed and/or delivered digitally without the previous knowledge or input of the Client. The Company 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
4. 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.
5. Additional Personnel. It is understood and agreed that no other photographer will be allowed to photograph or take pictures while the Company is working unless Company 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 Company 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 the Company. 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.
6. Hardware Failure. In the event of hardware failure such as camera equipment or memory card failure and Company is thus completely unable to produce the Product inside or outside the contracted timeframe, Company 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 Company, however, the complete and total reimbursement shall not exceed five years unless an extension is accepted by Client.
7. Financing. Financing is not guaranteed. The Client and/or Payee’s updated and most recent FICO credit score must be voluntarily submitted to the Company. A FICO score below 630 will be declined. There is a one-time $30 late fee for each late payment. There is an additional $50 late fee if payment is/is over 30 days past due and will be applied every 30 days. Each late fee applies to each due date of each payment. The financing agreement does not include a possible 2.9% convenience fee for card, electronic, or digital payments. The convenience fee may be more or less than 2.9%. There is no fee for early or additional payments, except for electronic and card payments that may or may not have an added convenience fee. Refinancing is possible upon request, but may be declined. Services must be paid in whole before product will be released to the Client. Both the Client and Payee are legally responsible to provide full payment to the Company.
8. 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. Client is responsible for reasonable and preapproved overtime performed by Company at a rate of $120.00 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 Company will release the Product to the Customer.
9. Travel Fee. The Company 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 Company reserving such transportation.
10. 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. Company 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 Company. The purchase of additional images cannot be canceled and will not be reimbursed.
11. Absent Wedding Planner Fee. If the Client and/or Payee declines to hire a bonafide Wedding Planner to assist with the wedding then the Company reserves the right to charge a fee. The fee will be no more than 15% of the initial service fee and no less than $90.00. The Company agrees that this fee may cover additional services that may be required due to the absence of a Wedding Planner. Furthermore, the Company will not charge the Client and/or Payee with said fee unless such additional services are expected to be rendered by the Company or at the Company’s expense. The bonafide status of the Wedding Planner is determined solely by the company.
12. Wedding Itinerary. The Client and/or the Wedding Planner shall work with the Company and provide a finalized wedding schedule (“Itinerary”) to the Company no later than 21 days before the wedding date. The finalized Itinerary must be approved by the Company no later than 21 days before the wedding date. The Company reserves the right to charge the Client and/or Payee a $200.00 fee if the itinerary is not completed and provided to the Company within 21 days of the wedding date, and/or not finalized within 21 days of the wedding date, and/or not approved by the Company within 21 days of the wedding date. The Company shall not purposely or maliciously decline and/or neglect to approve the Itinerary as to breach the 21 day deadline. The Company may charge the Client a lesser amount for this fee.
13. Tardiness. If the Company fails to appear at the place and time within thirty-five minutes of the specified time above then up to 5% 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. Company 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.
14. Weather & Omission of Fees. Company 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. Company can accept or deny any request with, or without, financial penalties to the Client.
15. 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.
16. 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 Company 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.
Media Converting
- 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 2019 October 20
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