A. Session Fees
Client agrees to pay photographer a deposit of half of the session/event/contract fee at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. If Client cancels for any reason, Jasmine Davis Photography shall be entitled to retain the entire amount already paid and no portion shall be refunded. Wedding clients must be paid in full before shoot date. For all other clients, payment is due at the time of the shoot. Jasmine Davis Photography shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that the Client cancels, all monies paid shall be retained by Jasmine Davis Photography in order to offset its loss of business. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer. Additional editing is available at additional expense to be determined by photographer. Additional shoot time, prints, or digital images may be available for purchase.
B. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Addition fee for travel will be applied within 25 miles of West Hills, CA. Any location outside of these limits will be subject to an additional charge of $.54/mile as part of the agreement.
If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control. Should session have to be rescheduled, rescheduling must be within 180 days. Retainers are non-refundable and may not be applied to another session after 180 days from payment. Cancellations and no-shows will not be considered for rebooking.
D. Re-shoots / Refunds
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
After six (6) months, all images will be purged from photographer’s hard-drive, except as needed for images licensed by client or promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
For clients that are licensing images - All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Artist. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Images only for the agreed upon terms as set forth in the Client Invoice. Images used for any purpose not directly related outside of those terms must be with the express permission of Artist and may include the payment of additional fees, unless otherwise agreed to in writing. Images may contain copyright management information (CMI) at the discretion of the Artist in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Artist for any penalties and awards available under that statute. Exclusivity is not granted unless agreed upon and in writing on the Client invoice.
G. Confidentiality Agreement
It is understood that the Client may receive certain information that is and must be kept confidential. To ensure the protection of such information, and to preserve any confidentiality necessary under patent and/or trade secret laws, it is agreed that 1) The Confidential Information to be disclosed can be described as and includes: Invention description(s), technical and business information relating to proprietary ideas and inventions, ideas, patentable ideas, trade secrets, drawings and/or illustrations, patent searches, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, addresses, phone numbers, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure. 2) The Client agrees not to disclose the confidential information obtained from Jasmine Davis Photography to anyone unless required to do so by law.
All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.
Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.
J. Model Release
I hereby give to Jasmine Davis Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself, his/her event guests/individuals, and/or my minor child in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
L. Copyright & Penalty
Jasmine Davis Photography retains all copyrights to all images created during client’s session. A print release may be purchased with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Jasmine Davis Photography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
Note from photographer: I work very hard to create images that reflect you, your family, or brand, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them.
M. Session Requests
*No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session.
*Portrait Sessions at a set fee start at the agreed upon time. It is strongly encouraged that client arrives 15 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins. Please do not bring any children not being photographed to the session. Please make sure hair is combed and face is clean and free of runny noses or eyes.
*Commercial/production/event shoot or any shoot where photographer is rented hourly or at at set ½ day or full day rate, will be billed upon arrival/call time and includes set-up and multiple location travel time.
*Please avoid eating or drinking red or orange food or drinks before session, as red and orange tend to leave a stain on the face. Photographer stresses importance of looking your best: Fresh cut or styled hair, make-up or trimmed/shaved facial hair, clean clothes with no words or loud patterns. If being photographed in a group, seriously consider clothing choice. Photographer recommends picking a color scheme (i.e. Family all in blue tones) to create unity.
I have agreed to submit this application by electronic means. By signing this application electronically, I certify under penalty of perjury and false swearing that my answers are correct and complete to the best of my knowledge.