1. Creative fee is non-refundable and due at the time of booking. Remaining selection fee is due at the time of the session. Creative fee covers the time and talent of the Photographer and does not include prints, digital files or products. Upon payment of creative fee, Photographer will reserve the time and date agreed upon.
2. A travel fee may be incurred for location shoots done over 30 miles from zip code 28027.
3. Cameras or recording devices are prohibited from the session.
4. Client is responsible for their own safety and actions while at the location of the portrait session. Photographer is not responsible for any liability, accidents, illnesses, damage or loss to person or property that may result from the photography session itself or anything related to the photography session.
5. If anyone should fall ill, contact the Photographer as soon as possible to reschedule the session. A new date must be discussed and decided upon with photographer within 1 week or retainer fee will not be transferrable. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the Photographer, Photographer may elect to use an alternate location or to reschedule the session.
6. If the Photographer cannot perform this contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, and Photographer is unable to reschedule the session, then the Photographer shall return any deposit or session fee to the client but shall have no further liability with respect to the contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged. In the event the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retail value of the client’s order.
Proofing and Ordering
7. If Client is dissatisfied with the gallery images, notice must be sent to photographer within 24 hours of the gallery going live. A re-shoot may be scheduled, solely at the discretion of the Photographer, as quickly as reasonably possible, and all images from the first gallery will be deleted. Re-shoots will not be offered due to parties not cooperating, as well as and hair or wardrobe choices.
8. Within approximately three to four weeks after your session, an email will be sent linking you to a gallery of edited images. Images are selected and edited at the Photographers' discretion. The artist reserves the right to edit and release only those images deemed creditable as professional in quality and within the Photographers' artistic standards. The photos will be available for viewing, downloading and purchasing, in a password protected gallery, for 90 days.
9. Galleries will be automatically purged from the website after 90 days. A $30 rehosting fee will apply to galleries that need to be put back on the website after the 90 day viewing period. If the pricing has changed since your original booking date, your images will be rehosted at the Photographer’s new pricing.
10. Simple fixes, such as crops and blemish removal may be completed at the Photographer's discretion. More extensive retouching is done at a fee of $30 an hour.
11. Please examine all images in your gallery thoroughly. Due to the custom nature of photography, refunds are not available. I do not give out unedited or RAW files.
12. Images are kept on file by Photographer for 3 months after portrait session. Every effort is made to secure equipment back-up, however due to the unreliability of digital equipment, data loss can occur at any time; except as explained herein, Photographer shall not be liable for any loss of digital data whatsoever.
13. No part of any order, including previews, will be delivered until the balance is paid in full.
14. Print issues (i.e. damage during shipping, discoloration of photo, missing items) must be reported to the photographer within 7 days of receiving order for the issue to be resolved. Order corrections will not be completed after the 7 day time period.
15. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and client releases photographer from any liability for any claims whatsoever based upon fading or discoloration of any photographs.
Notice of Copyright
It is illegal to copy or reproduce these photographs or videos elsewhere without photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties, starting at $500.00 per image. The included images may not be entered into contests, sold, copied, scanned, or used commercially in any format, digital, printed or otherwise. The images may not be used in any form other than private usage without express written permission from the copyright owner, Jacquelyn Cavitt. Jacquelyn Cavitt retains all publication and general reproduction rights for these images.
I ("Client") hereby grant to Jacquelyn Cavitt ("Photographer") and her employees, legal representatives, transferees and assigns, the irrevocable and unrestricted right to use and publish photographs of me and the people listed above, or photographs in which I or the people listed above may be included, for editorial, trade, advertising, commercial, publicity, illustration and any other lawful purpose and in any manner and medium; to alter the same without any restriction; and to copyright the same for Photographer's sole and exclusive use and benefit. I hereby release Photographer and her employees, legal representatives, transferees and assigns from any and all claims and/or liability relating to said photographs. I further release Photographer and her employees, legal representatives, transferees and assigns from any and all claims and/or liability relating to all photography sessions.
This contract incorporates the entire understanding of the parties. Any modifications of this contract must be in writing and signed by both parties.