This agreement is between the "Client", whose name and address is listed below, and Jamie Stefanko Photography LLC ("The Photographer" or "The Studio").
Add On Services, Orders or Upgrades: Anything not listed in the collection description is not included in the collection price. If Client wishes to add any services, orders, or upgrades after Client signs this contract, the modification must be in writing and signed by all parties, and Client will be assessed additional fees and sales tax for the requested additional services, orders or upgrades.
TERMS AND CONDITIONS
BOOKING PROCESS: Both an executed contract and a NON-REFUNDABLE RETAINER equal to 100% of the session fee are required to reserve the portrait photography services detailed in this contract on the agreed upon date + time. The proposed contract will expire one (1) week from the date it is prepared if the non-refundable retainer and signed contract are not received. Portrait photography services are reserved on a first-come, first served basis. For this reason, all retainers are non-refundable, even if the date + time is changed or if the Client cancels this contract.
PAYMENT TERMS: The NON-REFUNDABLE RETAINER equal to 100% of the session fee shall be applied to the total fees owed to The Studio, provided that neither the portrait session nor the contract is cancelled. The Studio accepts payment via Square through an emailed invoice, or check made out to Jamie Stefanko Photography. Client may, but is not required, make interim payments towards their final balance, if applicable. PAYMENTS BECOME NON-REFUNDABLE after client order is processed or digital files are released.
SESSION CANCELLATION: Client may terminate this agreement if notice of such termination is given within 2 days of the session. The Studio will send an electronic cancellation agreement to Client, which must be signed by Client. This is the method of cancellation agreed upon by all signing parties and the only method of cancellation that will be accepted. In the event of cancellation by Client, The Studio shall retain Client's non-refundable retainer as liquidated damaged, this contract shall be cancelled, and both parties shall be relieved from further obligation and liability.
SESSION RESCHEDULING: In the event that the Client requests to reschedule a portrait session, the retainer shall be applied to a rescheduled event if notice is given at least 2 days prior to the scheduled portrait session. Reschedule must be within the same calendar year and within 2 months to apply first retainer credit towards session. There shall be only 1 rescheduled session allowed per portrait photography session.
LATE ARRIVAL: Client acknowledges that he/she must arrive on time to her scheduled portrait photography session start time. If Client is late to her scheduled start time, time will not be extended or rescheduled. Refunds are not available for portrait photography sessions cut short or entirely missed due to Client's late arrival.
COOPERATION: Client agrees to cheerful cooperation and communication leading up to and at the portrait photography session. The Studio does not warrant that it will provide specific images and shall not be liable if key individuals fail to appear or cooperate during the portrait photography session. In the event that Client asks The Studio to stop photographing for reasons including but not limited to weather, dress malfunction, tardiness, or any situation out of her control, The Studio shall not be liable for images not taken that would normally have been taken during that time.
TRAVEL FEES: If the Client's session is less than 40 miles outside of Summerville, SC, Client shall not incur any travel fees. If the Client's session is in excess of 40 miles outside of Summerville, SC, where The Studio will be driving to Client's session, Client shall be invoiced $50 per hour, round trip for every hour of travel time in excess of the first hour. If the Client's session is in excess of 40 miles outside of Summerville, SC, where The Studio will be flying to Client's session, Client shall receive a custom travel invoice from The Studio, and Client shall be responsible for The Studio's travel costs, including but not limited to airline reservations, hotel reservations, local transportation, and a per diem food stipend.
LOCATION ACCESS, FEES, PERMITS + HOUSE RULES: If Client wants to shoot at a location that charges for access or requires permits, Client shall be responsible for all fees associated with shooting there, including but not limited to entrance fees and parking. Client shall also be responsible for organizing access to the location and any permits required for doing so. The Studio is limited by the guidelines of the location. Client shall be responsible for negotiating deviations from the house rules.
ARTISTIC STYLE: On Client's own behalf, and on behalf of the subject(s): Client acknowledges that The Studio requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.); that Client is familiar with the Photographer's portfolio and is requesting Services with knowledge of the Photographer's style; that Photographer's work is constantly evolving; that Photographer's services are of unique and artistic nature; that the images created may be different from images taken by the Photographer in the past; and that in creating the images, the Photographer shall use her personal artistic judgment to create images consistent with her personal vision of the session, which vision may be different from Client and/or the Subject's vision of the session. Accordingly, Client acknowledges that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance.
COPYRIGHT & IMAGE USE BY STUDIO: The photographs produced by The Studio are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without The Studio's written consent. The Studio owns all copyrights for any and all images produced in connection with this agreement, including the right to reproduce or publicly display such images, for any personal or commercial purpose, without compensation to Client or notification to Client before use. The Studio also reserves the right to publicly display the names of Client. As author of all images made here under and as provided by law, The Studio shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other format of reproduction. If there are any copyright violations by Client, without written consent of The Studio, Client will be charged at fifteen (15) times the published rates at the time of the violation as liquidated damages, since actual damages would be difficult to calculate. This provision is subject to the LIMITED REPRODUCTION AND PRINT RELEASE FOR PERSONAL USE and PRIVACY provisions in this contract.
LIMITATIONS ON LIGHT: The Studio is primarily a natural light photographer. Client acknowledges that in the event that any part of the portrait photography session occurs at a time or in a location where there is an absence of natural light, The Studio will have to use artificial light sources and images will look different than the natural light images Client has seen in The Studio's portfolio. Accordingly, Client acknowledges that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance.
WEATHER LIMITATIONS FOR OUTDOOR SESSIONS: Client recognizes that for outdoor portrait photography sessions, The Studio prefers to shoot in natural light. Therefore, The Studio reserves the exclusive right to reschedule her portrait photography sessions due to weather conditions. The Studio will notify the Client via email 24-48 hours in advance of the portrait photography session if the session needs to be rescheduled due to weather conditions, including but not limited to rain, wind, snow, dust, extreme temperatures, etc.
CULLING + EDITING: After the portrait photography session, each image is put through a careful selection process, where The Studio selects images that meet her high standard of quality. Images with eyes closed, unflattering poses, and duplicate images are removed permanently and immediately after The Studio completes this culling process. Client acknowledges that The Studio retains complete control over the culling and editing process. The Studio color corrects and does artistic editing on all delivered images in Adobe Camera Raw and Photoshop at The Studio's complete discretion. During the retouching phase for images printed through The Studio, The Studio will retouch any mark that will not be present in two weeks (i.e., acne). Any additional client requested edits, including but not limited to, removal of scars or birthmarks, removal of persons or things, body shaping, head swaps, etc., shall be invoiced at $30 (thirty USD) per image per round of revisions. Extensive Photoshop work will be invoiced to the client at $100 per hour.
ADDITIONAL IMAGES/RAW IMAGES: The Studio does not guarantee a minimum number of images in Client's final portfolio. Under no circumstances will The Studio release RAW images to Client. The Studio selects the best representation of the images taken at the portrait photography session for the Client's portfolio, and all other images are deleted during the culling process; therefore, no additional images can or will be released to Client. The Photographer does NOT make gallery proofs available for purchase. All orders must be placed during in person, private reveal/ordering session. All parties responsible for purchasing must be present during the reveal/ordering session. Orders after the close of the in-person product consultations are subject to the Photographer’s standard price list at the time of this agreement with no discounts available and subject to a $100 un-archival fee. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement.
ORDERING APPOINTMENT: Client is required to make an appointment for in person proofing and ordering to take place within 14 days of being contacted by The Studio that their images are ready for viewing. Client acknowledges that this appointment is the only opportunity to place their product order. Client acknowledges that all decision makers must be present at this View and Choose appointment, and that both orders and payment will be finalized at this appointment. Scheduling after 14 days or scheduling a second appointment will carry an additional fee of $100.
DIGITAL IMAGE ORDERING: If Client purchases the high resolution digital files (3500 px on the long side at 300ppi), Client shall download the zip file of digital images from the online gallery and will not receive a physical disc of images. Client acknowledges that he/she understands how to download the images from the web onto his/her computer, including unzipping the zip file, and how to back up images to prevent image loss. The Studio is not responsible for user error in downloading and saving final images.
ARCHIVAL OF IMAGES: The Studio deletes all RAW images upon delivery of Client's product and/or digital file order. Any images NOT purchased at the time of the View and Choose appointment will be purged. Once The Studio delivers the final JPEG files to Client, Client accepts all responsibility for archiving and protecting their images. Although JPEGs are backed up for one (1) year, The Studio is not responsible for loss or damage to the digital files due to circumstances beyond her control.
LIMIT OF LIABILITY: The Studio represents that reasonable care is taken with respect to capturing, developing, processing, storing and delivery of Client images. However, in the event that The Studio fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of The Studio’s control or The Studio's own negligence, The Studio’s liability shall be limited to a refund of all payments made by Client. The limit of liability for a partial loss of original images shall be a prorated amount of the exposures lost based on the percentage of total number of original images. If there is a failure to capture certain images that Client requested or that were discussed at the consultation, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to Client, and The Studio shall not be liable for the same.
INDEMNIFICATION: To the fullest extent permitted by law, Client agrees to defend, indemnify, and hold harmless The Studio, including its trustees, officers, members, directors, employees, servants and agents, against loss, damages, claims, suits, liabilities, judgments, costs and expenses without limitation, all reasonable attorneys' fees and expenses that may accrue against the indemnified party, including its trustees, officers, members, directors, employees, servants and agents which is approximately caused by the negligence or willful misconduct or any breach of representation arising from conduct, management or performance of any activities by Client, Client guests, Client agents, or by any of Client's vendors. In the event any such claim is made, and upon notice from The Studio, Client agrees to reimburse The Studio for the cost of defending such an action or proceeding, using counsel satisfactory to The Studio. This provision shall survive the termination of this agreement.
IRREVOCABLE MODEL RELEASE: Client must execute the model release in order to book a session with The Studio, even if Client elects to not to allow The Studio to share images under the PRIVACY clause.
AGREEMENT between Jamie Stefanko Photography LLC (the “Photographer”), located at 205 Nantucket Drive, Summerville SC, 29485 and Client as addressed below (“Model”), dated today:
- TERMS: For good and valuable Consideration, receipt of which is hereby acknowledged, I grant to Photographer, her heirs, successors and assigns, my unlimited permission to license, use, reproduce and distribute images of me and/or my property, in any country, at any time, in any Media, for any purpose. Such permissible use may include but is not limited to: commercial use, personal use, advertising, trade, exhibition, competition, promotion, marketing, stock photography, product packaging, video, print, publication or editorial work. I understand and agree that my images may be altered and modified to the point where I may even be unrecognizable. My images may be combined with other pictures, text or graphics. You may even combine my name or an alias name with my images. I understand that I will have no right to inspect or approve the final use of my images or copy that may accompany it. I agree that I have absolutely no right to compensation for use of my images. I warrant I will make no claim against Photographer or her assigns for compensation relating to the use of my images. I agree that this contract will be binding not only upon me, but upon my heirs, successors and assigns as well and that this release is irrevocable and enforceable worldwide, to the fullest extent possible under the law. Any dispute relating to this agreement will be governed by the laws of the State of South Carolina, USA.
- RELEASE: By signing below, I hereby release, acquit, indemnify, hold harmless and discharge the Photographer, her employer, heirs, agents, successors and assigns, from any damages, actions, claims, attorney fees, costs and suits arising in any way whatsoever from the uses permitted and described more fully above that may arise in any way whatsoever from the use of my images. If any suit is brought challenging the enforceability of this agreement, I agree to indemnify Photographer or his assigns for attorney fees and expenses.
I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.