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Terms & Conditions

TERMS & CONDITIONS

Model Release

The Client agrees that the images can be used without additional compensation to the undersigned. Client also declares that he/she has legal authority to grant these permissions, and accepts all responsibilities for such. Client has read the foregoing and fully understands the contents hereof. Client represents he/she is representative of the above named model or parent/guardian of the above named underage model and/or has obtained permission from the above named models to act on their behalf. For value received, Client hereby consents to the foregoing on his/her/their behalf.

 

Copyright & Reproduction

The Photographer JL Morgan owns the copyright in all images created at JLMorgan Photography and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, advertisements, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website, blog, Facebook pages, Instagram and/or studio as well as other social media and marketing venues.
It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. The photographer does not release RAW files and/or unedited files.

 

Retainer and Payment

The Client shall pay a 50% deposit for all sessions to the Photographer 7 days before shooting day. Upon payment, JL Morgan will reserve the time and date agreed upon by both parties for the agreed upon package. Reserving such services in advance prevents the photographer from booking other clients in the agreed upon time slot.  The retainer fee is due upon booking and a invoice will be sent to you after submitting this form within 24 hours. JLMorgan Photography reserves the right to offer your session date to another client after 48 hours if your retainer fee has not been paid in full before the 7 days of session. Payment can be made via cash, PayPal and interact e-transfer.

 

Client’s Usage

The Client shall only use the images, including digital files, in accordance with the permissions within this agreement. The Client’s images are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorized in any other businesses other than JLMorgan Photography. If the Photographer provides a digital file print release, the Client must act in accordance with the release.


Social Media

The Client may share their images on all their social media platforms. The Client's images are for personal use only and shall not be submitted to contests, or reproduced for commercial use. If you are reached out by another account that would like to share the images please refer them to:

JL Morgan
DesignsJMorgan@gmail.com

www.JLMorganPhotography.com

 

Cancellation

If Client requests to amend, reschedule, or cancel their services 2 or more calendar days before the session date, the retainer shall be applied to a mutually agreed upon rescheduled date.

If Client cancels, reschedules, or fails to show to this agreement 1 or less calendar days before the session date, the retainer shall be forfeited unless the cancellation is due to Illness and agreed upon by the Photographer.

 

Covid Protections

Due to Covid19 exposure possibilities, masks are required to be worn except for during the sessions. No other person or persons except the main client of this contract can be within 6meters of the Artist unless discussed otherwise by all parties and persons involved in this agreement and or session.

 

I, the Client named above, have read and agree to the Family and Parent Pose terms above.

SAFETY OF CLIENT AND PHOTOGRAPHER

The Client and/or Photographer are free to cancel at any time prior to the scheduled session due to Covid19 (or any other recognized pandemic) restrictions, limitations, fears, illnesses, infections, or other concerns relating to this or any other recognized Pandemic. Upon cancellation, the Photographer shall refund the retainer to the Client unless a mutually agreed upon rescheduled date and time can occur.

 

It is important that both Client and Photographer feel safe throughout the sessions. The parties agree as follows with respect to safety:

 

Photographer has the right to refuse to continue with a session if, at any time, Photographer feels unsafe (with respect to Photographer's person, health and/or property) or is subjected to harassment, threats, abusive behaviors, or other hazardous conditions (whether from Client or from others in the immediate environment). If the threat, abuse, harassment, or other unsafe condition is not the result of any action by Client, Photographer and Client shall either reschedule the session or move the session to a non-threatening/non-hazardous location. If Client harasses, threatens, or abuses Photographer or puts Photographer in a hazardous position, Client shall not be entitled to a refund or reschedule.

 

Clients have the absolute right not to feel uncomfortable or unsafe during the session. Photographer does not want Client to do anything they feel is risky, dangerous, or inappropriate. Client agrees to raise concerns as soon as they arise. Photographer shall comply with any requests and honor any concerns raised by Client. Because Client is responsible for voicing any concerns, Client agrees not to hold Photographer liable for any illness, injury, harm, or damage that may occur during or resulting from the session, including from Client taking direction from Photographer. By following the direction of Photographer without stating concerns, Client takes full responsibility for Client's actions and all consequences of those actions.

 

Health & Welfare

It is required that the Client contacts the Photographer to reschedule the session if the subject and/or any of the subject's attendants:

1. Are ill or have been ill within the 2 weeks prior to the session and/or is still contagious or presenting with symptoms.

2. Travelled outside of Canada within the past 14 days, or

3. Been in contact with anyone known to have had Covid19 within the past 14 days. The session will be rescheduled after the 14 days.

The Photographer photographs Seniors, babies + children as young as a few days old whose immune systems have not fully developed. It is important to remain germ-free as to minimize risk of infection. If anyone arrives to the session who has met any of the above criteria from 1,2 or 3 they will be asked to leave.

 

In the same respect, the Photographer will notify the Client if she becomes ill so as to minimize risk of infection to the subject. If the Photographer is healthy enough to continue with the session, and the Client agrees, the session may continue at the Client's discretion.

Safety is the #1 priority of the Photographer - prevention is the best medicine.

A healthy subject is also a happy subject which results in a more successful session and better variety of images presented to Client.

 

Refunds

If your digital images are damaged or lost prior to viewing your gallery for any reason by the photographer, only then will your retainer fee will be refunded in full. No refunds will be given for dissatisfaction with your images. There are no refunds or exchanges on any digital products. The Photographer cannot guarantee a specific number of images provided to the client, and no refund will be given due to lack of subject cooperation.

 

Creative License Policies

Images are edited to remove minor blemishes, smooth the skin, correct colour and exposure, crop and prepare for print and presentation. Images are edited at the photographer’s discretion, and delivered images will not include all images shot. The photographer reserves the creative right to edit and release only those deemed creditable as professional quality and within the photographer’s artistic standards. Image standards are based on creative vision as well as technical standards (exposure, white balance, crop, etc) and not on personal appearance, direction of subject's gaze, facial expression or mood.

Poses cannot be guaranteed in any way and the variety of images depends on the subject's sleepiness/comfort/cooperation during the session. Babies and children cannot be forced into a pose. Additional edits may be considered at a rate discussed between both parties on image/alteration.

 

All props and or outfits used during sessions are provided by/suggested by the photographer at the photographer's discretion. Props provided for use reflect the photographer's artistic style and coordinate accordingly. Client is responsible for viewing the photographer's body of work prior to booking to ensure the artistic style is agreeable to the client's vision. Pose/image requests may be considered but cannot be guaranteed and is dependent on age, cooperation level and artistic style of the image being requested.

 

Unedited and raw files are not available to clients. Final, edited images will be available for the Client to download within7 business days (usually within 4 days) from the session date

 

Props

All props and outfits are cleaned/sanitized between each session and then remain unused for at least 48 hours. As a result, some props may be unavailable for use during the Client's session if they were already used within the last 48 hours. All props will be provided by the Photographer at the Photographer's discretion, however, Client may request incorporating special items if the Photographer deems the item to be safe for use during the session.

 

Dirty Clothing or Personal Items

The photographer assumes no responsibility for damages of items brought by clients due to soiling, grass stains, dirty etc by babies and or children.

When requesting the photographer to use a personal item, the client accepts the reality that said item may become soiled or dirty with child waste or spit-up or natural elements of session location. The photographer will assume no liability, nor pay for cleaning of any items or clothing.

 

Negligence

If negligence on the client's part, the part of any above named models, or the part of any individuals that accompany the client to the photo session causes any equipment, props, or any of the photographer's property to malfunction or become damaged, that the client will be liable for the cost to repair or replace said item(s).

Tardiness

Tardiness is likely inevitable when you have small children! However, tardiness on the client's part may result in reduced shooting time, which may in turn result in less images presented by the photographer.

 

The photographer may, for certain sessions (such as event and small children), provide The Client with Session Preparation instructions. These preparation instructions are provided with a successful session in mind, and following these preparation instructions is highly recommended for the best possible results. The Client agrees to follow the prep instructions to the best of his/her ability.

 

Limitation of Liability

The Photographer's entire liability to the Client, above named models, or other companions for claim, loss, or injury arising from the photographer’s performance or negligence is limited to a refund to the Client in the amount paid for services. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God, equipment failure or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited. The Photographer reserves the right to cancel this contract for any reason, including conflict of interest.

 

Weather Policy

In the event of weather conditions that are out of our control:

 

If the client has been contacted and advised to reschedule due to the photographer’s concerns about weather but chooses to proceed with the session and it rains/is windy/etc, limiting the time and/or photos that were able to be taken, the client will be charged for an additional session at the photographer’s regular session rate to reschedule or shoot additional photos.

 

Due to photography equipment, if bad weather persists, it is up to the photographer’s discretion to cancel the session, up to or during the session.

 

If the client has been contacted and advised to reschedule due to the photographer’s concerns about weather, and the client decides to go ahead and reschedule, the client will not be charged to do so.

Arbitration

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the Canadian Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $1000. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

 

Indemnification

The Photographer, Janine-Lee Morgan, shall be held harmless for any and all injury to client(s) and client's attendants during the course of the photography session and the immediately surrounding events.

Client has the right to refuse any location or pose if they feel it is unsafe.

 

Miscellany

This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and agreed upon by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the Province of Ontario.

 

Waiver

The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.

 

Attorney's Fees

If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

Dated this day: *

_____/_____/_____
    DD/MM/YYYY

 

I, the Client named above, have read and agree to all contract terms above. I declare that I have legal authority to grant these permissions for all subjects involved in the photo session and accept all responsibilities for such.

Thanks for submitting!

If you do not wish to virtually accept Terms & Conditions:
*Please click PDF link to print and or save to email or hand into your artist upon booking*

Thank you kindly for taking your time to complete this form, the form includes a quick
portrait session questionnaire, contract, model release and session fee/retainer payment.

 

Photographer:

JL Morgan
 

Quinte West, Ontario
 

Business Hours:

Monday-Friday
3pm-8:45pm

Saturday & Sunday:
10am-8:45pm 

 

This agreement is between the Client, whose name and address is listed below, and JLMorgan Photography

*Please note only parents and or guardians can fill out form for those under 16 years of age*

A deposit of 50% is due 7 days before shooting day.