Terms & Conditions
As of 01 JANUARY 2017, forward, these terms are applicable to all PRODUCT + LIFESTYLE sessions (incl infants + children, motherhood, family, etc). All agreements are between JENNA DUXBURY PHOTO (formally Opal Imagery Studio) and the CLIENT. Upon all bookings with JENNA DUXBURY PHOTO a full contract will be delivered to the CLIENT, which must be signed as part of the booking process before a session can take place and will remain on record for no more than 7 years.
1. SCOPE OF WORK: This contract is for services and products related to a portrait/lifestyle photography session (hereafter “SHOOT” or “the SHOOT”) to take place at the agreed time and place.
1.1 JENNA DUXBURY PHOTO and CLIENT are to arrive for the SHOOT at least 10 minutes before session time and run no later than 15 minutes past agreed time before shoot is forfeited.
1.2 JENNA DUXBURY PHOTO agrees to provide album of images to CLIENT no later than 4 weeks after the shoot and is not required to provide any more than the specific number of images in the package agreed & paid by CLIENT.
1.3 JENNA DUXBURY PHOTO will perform basic post-processing or digital image editing on these photos where artistically necessary and images are NOT to be post-processed by CLIENT in any way shape or form. If this is breached, it will be followed through with.
2. FEES: In consideration for the photography services provided by JENNA DUXBURY PHOTO, CLIENT agrees to pay the sum stated on the completed contract.
2.1 CLIENT agrees that a signed contract and 50% of the total price of the photography services is required at booking, with the remaining balance to be paid in full within 1 MONTH of the original session date.
2.2 Any initial payment reserves the photographer’s time and is not a retainer or deposit. JENNA DUXBURY PHOTO agrees to not advertise availability of this same time slot to any other potential clients once deposit payment received is received, although until this the time may remain open to all bookings.
2.3 If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT.
Any payment is transferable if 48 hours notice is received in writing.
2.4 The balance of any payment for photography services must be paid in full no later than 48 HOURS before allocated time for the SHOOT if booked under 1 MONTH prior - JENNA DUXBURY PHOTO will not undertake any work until payment is made in full by CLIENT.
3. WORK PRODUCT:
3.1 JENNA DUXBURY PHOTO will deliver proofs of photos to CLIENT no more than thirty days (30 days) after the date of the SHOOT.
3.2 All photos delivered to CLIENT are licensed for CLIENT’S personal/business use only and under no circumstance to be forward to other parties/businesses with out prior written agreement between JENNA DUXBURY PHOTO and CLIENT. If this is breached, you will have breached this contract and it will be actioned upon by JENNA DUXBURY PHOTO and a third party legal team.
3.3 ALL imagery will be delivered to CLIENT as an optional upgrade. If a specific amount of imagery is included in the chosen package and is not upgraded, these will be delivered to CLIENT following the initial album in high resolution and web size ready for printing and web uploading.
3.4 JENNA DUXBURY PHOTO is not held liable for the safe keeping of any digital product for longer than 60 (sixty) days past SHOOT date.
4. INDEMNIFICATION:
4.1 JENNA DUXBURY PHOTO and CLIENT agree that JENNA DUXBURY PHOTO is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.
4.2 CLIENT agrees this is a non-refundable contract. If JENNA DUXBURY PHOTO is unable to perform the services in this contract due to any cause outside JENNA DUXBURY PHOTO'S control, client agrees to indemnify JENNA DUXBURY PHOTO for any loss damage or liability.
4.3 In any case JENNA DUXBURY PHOTO will only return any payments made by CLIENT to JENNA DUXBURY PHOTO in relation to this SHOOT if NOT transferrable. CLIENT agrees they are liable for losses due to declining alternative arrangements given by JENNA DUXBURY PHOTO.
4.4 CLIENT agrees to indemnify and hold harmless JENNA DUXBURY PHOTO for any liability, damage, or loss related to technological failure, including data loss.
4.5 CLIENT understands and agrees that JENNA DUXBURY PHOTO is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to CLIENT. Original images will be removed after 30 days of shoot date.
4.6 CLIENT agrees to hold JENNA DUXBURY PHOTO harmless for any personal injury which may occur as the CLIENT poses or works with JENNA DUXBURY PHOTO.
4.7 JENNA DUXBURY PHOTO will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
5. DUTY OF CLIENT: CLIENT will obtain all permissions necessary for JENNA DUXBURY PHOTO to photograph at the SHOOT. JENNA DUXBURY PHOTO has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer, but the CLIENT.
6. EXCLUSIVE PHOTOGRAPHER: CLIENT agrees and understands that no other party other than JENNA DUXBURY PHOTO may take pictures of any poses, lighting situations, or setups made by JENNA DUXBURY PHOTO. This slows down the photographer’s work and violates JENNA DUXBURY PHOTO'S right to take pictures of the event/services. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the JENNA DUXBURY PHOTO or take pictures in these situations.
7. MODEL RELEASE:
7.1 CLIENT grants permission to JENNA DUXBURY PHOTO and its assigns, licensees, and sublicenses/ees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, JENNA DUXBURY PHOTO may use CLIENT’S likeness and image on JENNA DUXBURY PHOTO website, social media or other advertising material.
7.2 Any intimate imagery including breastfeeding, semi-nude and/or nude images may be used unless prior permission is declined in writing from the CLIENT to JENNA DUXBURY PHOTO.
7.3 For all children under the age of 18, it is the responsibility of the CLIENT to advise JENNA DUXBURY PHOTO should image use not be granted for any reason.
7.4 CLIENT agrees that any specific pose may not be requested and the SHOOT will be conducted in a candid/lifestyle format.
8. ASSIGNABILITY and PARTIES OF INTEREST: CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. JENNA DUXBURY PHOTO may sub-contract or assign this contract to any second-shooter, JENNA DUXBURY PHOTO may assign any photographers associated with JENNA DUXBURY PHOTO to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner and will remain in the image style you see displayed across the advertisement of JENNA DUXBURY PHOTO.
9. COPYRIGHT:
9.1 All copyright remains that of JENNA DUXBURY PHOTO and under no legal circumstance is any image or set of images to be on forwarded/sold to a third party by the CLIENT.
9.2 CLIENT agrees that JENNA DUXBURY PHOTO retains all permissions of any and all images taken as part of the SHOOT and will continue too from here on out.
9.3 JENNA DUXBURY PHOTO contains the right to on sell any and all images undertaken within the SHOOT unless prior written communication is signed upon between CLIENT and JENNA DUXBURY PHOTO.
9.4 JENNA DUXBURY PHOTO asserts both its moral and legal right to be identified as the author of all work and CLIENT remains liable to credit JENNA DUXBURY PHOTO via hyperlink on all websites and by tag @jennaduxburyphoto across all social media platforms, print + advertising materials.
10. AGREEMENT: All agreements are freely negotiated and contains the entire understanding between JENNA DUXBURY PHOTO and the CLIENT. All signed contracts take place of any and all existing agreements between JENNA DUXBURY PHOTO and the CLIENT. The only way to add or change this agreement is to do so in writing and is completed once signed by JENNA DUXBURY PHOTO and the CLIENT. If this contract remains unsigned by CLIENT and the SHOOT takes place, CLIENT remains at risk of forfeiting any and all agreements between JENNA DUXBURY PHOTO and CLIENT and under no circumstance is JENNA DUXBURY PHOTO liable for any loses.
I confirm that I have read and understood this contract, and I agree to enter into this contract with JENNA DUXBURY PHOTO (PHOTOGRAPHER).