Terms of Service
Client will then receive access to an online photo viewing gallery. Here you can order prints and products from our trusted pro lab and delivered right to your door. Depending on package options, images may be available for high resolution download with print release. Photographer retains the right to edit the photographs as he sees fit based on experience and expertise and omit any image(s) that do not meet his standards.
Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation of the portrait session/agreement by Client, retainer fees are non-refundable. Deposits are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is appreciated. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
Photographer is not responsible if Client and/or key individuals fail to appear orcooperate during portrait sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots. If Client and/or key individuals fail to appear to a scheduled portrait session, the session fee is non-refundable. The session can be rescheduled at the original session fee, including an additional 25% reschedule fee.
In the unlikely event that Client is completely dissatisfied with the final results, Photographer willreshoot the session at no additional charge one time. Re-shoots are determined at the discretion of the photographer. Re-shoots will not be offered for poor choices in clothing, make-up, hair, weather related and behavioral issues or events that are beyond Photographer's control.
All images and copyrights are the property of Just A Soul Media D.B.A. Just-ASoul Photography ("Photographer"). In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client.
All photos created by Photographer are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Photographer's express written permission. The client may print (on their own) their personal photographs only once in possession of the digital images. The original digital files remain sole property of Photographer and will never be given or sold.
Photographer agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images:
- Display the images;
- Print the images using the printing company of Client's choice
- Upload, email, or electronically transfer the images or files; and,
- Publish the images on personal websites or social media websites
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY PHOTOGRAPHER
MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES
These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital medial without the Photographer’s permission. Violators of this Federal law will be subject to civil and criminal penalties.
Client is obtaining prints for personal use only, and shall not sell said prints. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads
"Just A Soul Photography www.JustASoulPhoto.com"
in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
Client grants to Photographer and his legal representatives and assigns, the irrevocable andunrestricted right to use and publish photographs of Client, Client’s child or children, and anyone photographed during Client's session or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and his legal representatives and assigns from all claims and liability relating to said photographs.
Client grants Photographer permission to display selected images resulting from this assignment as anexample of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
We take the utmost care with respect to the exposure, retouching, and transportation of digitalcaptures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Liability: Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will beresponsible for their children and for themselves and release photographer from any claims against the person and their business.
Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherentqualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.