The Client shall be required to sign the Client Services Agreement including Standard Terms and Conditions contained herein to undertake services with Jess Porter Photography.
Definitions / Clauses
The Photographer: Jess Porter Photography
- The Client:
Is hereby referred to as, any person, body of persons, collaborator, any type of recipient, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of paid or non paid services, joint working agreements or competitions with or by the Photographer.
- Photography Service Agreement:
A signed binding agreement between the Photographer and the Client outlining the terms and conditions of image use, purchases, pricing, scheduling etc & must be signed before any session takes place.
The purpose of this contract is to record the terms agreed for a photographic assignment. All contracts and transactions between Jess Porter Photography and the Client whether made orally or in writing, are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of her Clients.
- The Deposit is due immediately following the expiration of the three working day cooling-off period. A Session will not be confirmed or take place unless the Session Fee has been paid by the Client. The remainder of the Session Fee will be due a week prior to the session date, unless otherwise arranged.
- The Deposit is not refundable but may be transferable to another date if the Session cannot be conducted due to reasons that are reasonable or are outside of their control (such as illness or inclement weather). The Client acknowledges that the Deposit (or part of the Deposit) may be forfeited if the Client does not make contact with Jess Porter Photography to reschedule a Session at least 24 hours in advance where the Client should have known the Session would not be able to proceed when agreed.
- Should the nominated photographer not be available for any reason, Jess Porter Photography will notify the Client of the change as soon as it is known and make every effort to reschedule the Session. If for whatever reason this is not possible, Jess Porter Photography’s responsibility and liability is limited to the return of all payments received.
- The Session Fee includes the photographer’s time and talent, all communication prior to and after the shoot, professional editing of at least 20 images, preparation of images and uploading to an online downloadable gallery within four weeks of the session date (the Assignment). The Session Fee does not include prints or other products unless otherwise stated.
- The booking of and any additional costs incurred for booking venues, photography locations, additional props etc. are their responsibility and will be invoiced to the Client unless the Client has already paid for these separately.
- The Client has received, read and understands Jess Porter Photography’s price list. The price list will apply to any orders the Client makes for prints or other products provided the Client orders within 14 days after the images are uploaded to an online gallery. Any orders made after 14 days will be subject to Jess Porter Photography’s price list that is current at the time of ordering.
Conduct of the session
- The details and times listed here form part of this agreement and the Client agree to make every effort to cooperate in order for Jess Porter Photography to fulfil its contracted photographic duty. The Client acknowledges Jess Porter Photography cannot accept responsibility for the ‘extent’ of the photographic coverage if these details are incorrect or if the Client does not follow any schedule the Client has agreed to.
- Although Jess Porter Photography will make every effort to produce all requested images, no particular composition or image will be guaranteed.
- To avoid disruption to the photographic coverage and to allow Jess Porter Photography to fulfil its contracted duty; other photography by you, family or friends at this time is not permitted.
- The Client agrees that any minors will be under their constant supervision at all times and that the Client is responsible for the minors at all times.
Prints and other products
- In order to guarantee the prices in Jess Porter Photography’s price list provided to the Client at the time of this agreement, the Client must place orders for prints or other products within 14 days of those images being uploaded to their online gallery. Orders placed after that time will incur the prices current at the time of ordering. Any additional costs will be advised and confirmation required before proceeding.
- If the Client requires delivery of prints or other products, the Client will pay all reasonable freight and postage that is required to deliver the prints or other products..
- Unless prior arrangement with Jess Porter Photography had been made, all orders must be confirmed in writing and accompanied by full payment. Orders will not be processed until payment has been made.
- All orders shall remain the property of Jess Porter Photography until full payment has been made. Orders will not be made available for collection unless paid for in full.
- The negatives/digital files remain the property of Jess Porter Photography and will be kept on file for a period of 12 months. After that time Jess Porter Photography may, at its absolute discretion, agree to release the negatives/digital files (but not RAW files) to the Client at Jess PorterPhotography’s then current pricing.
- For re-orders the Client understands that there is a charge of $20 for the uploading of expired galleries and prices current at the time, will apply for any new orders. The Client understands it is their responsibility to contact Jess Porter Photography before the end of the 12 month period to order more prints.
- In the event of a natural disaster or evidence of damages to their own digital copies, Jess Porter Photography will replace, within the 12 month period from the Session date, all files the Client had previously purchased. All digital files received by the Client are final edited images. Jess Porter Photography does not release RAW files.
- Jess Porter Photography has no control over the environment in which the photographs are kept. Colour photographs, in common with all sensitised material and colour dyes, have limited life expectancy which is reduced when exposed to strong and prolonged sunlight, heat or fluorescent light sources. Photographs will last longer if displayed under better lighting conditions.
- The Client acknowledges that photographs not ordered through Jess Porter Photography cannot be guaranteed to reflect the true product in its finished presentation. The Client acknowledges that materials the Client may use or are used by third party labs (other than those provided by Jess Porter Photography’s professional lab) are not guaranteed to have the same life expectancy and are not covered under warranties that are included by Jess Porter Photography’s distributors.
- Jess Porter Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. In the unlikely event that photographs have been lost, stolen, or destroyed for any reason, Jess Porter Photography’s liability is limited to the return of all payments received.
- As the photographs made by Jess Porter Photography are manufactured with the finest materials currently available, Jess Porter Photography unconditionally guarantees them. If in their opinion any photograph made by Jess Porter Photography has lost its original colour, Jess Porter Photography will replace the photograph for fifty per cent of the current selling price after evaluation by Jess Porter Photography. The original photograph must be returned and the reprinting charge paid in advance. This warranty will be valid for as long as Jess Porter Photography has in its possession the original files in a printable condition.
Copyright and use of images
- The photographs produced by Jess Porter Photography are protected by Australian Copyright Law. The Client acknowledges and agrees that Jess Porter Photography owns the Copyright in all photographs and images.
- The Client acknowledges Jess Porter Photography’s moral rights with respect to the Assignment and will attribute Jess Porter Photography as the creator of the images and files whenever appropriate.
- The Client must only use the images for personal use. With any high resolution images provided to the client, they may make good quality prints for personal use and sharing, as well as uploading images to use for personal blogs, sites, and social networks. The Client must ensure that any images shown by the Client to others are the original images provided by Jess Porter Photography or good quality prints only.
- The Client must not alter any print, file or image by any means including by cropping, “photoshopping”, “filters”, or altering colours, contrast or exposure in any way. The Client must keep any files under their control and must not re-distribute the files in any manner. The Client must not allow a third party to do any of these things.
- The Client must not publish any images for a commercial purpose, sell any images or enter any images into any competition without Jess Porter Photography’s prior written permission. The Client must not allow a third party to do any of these things. Jess Porter Photography may require compensation prior to providing the Client with written permission.
- The Client must not display or show copies or prints of any images where the resolution, colours, contrast or exposure are substantially different from the original images or files provided by Jess Porter Photography. The Client must not cause to, or allow anyone else to; copy, photocopy, laser copy or computer scan any hardcopy images or prints without prior permission of Jess Porter Photography. This is to ensure Jess Porter Photography’s reputation is not damaged by poor quality copies of any of its images.
- Jess Porter Photography will be understanding of cultural, family and personal sensitivities. If the Client do not wish their photographs or testimonials (including their image and likeness or those of any models under the age of 18) to be used by Jess Porter Photography for editorial, trade, advertising, industry competitions or for portfolios or reasonable advertising, the Client must inform Jess Porter Photography immediately, prior to signing this agreement.
- Unless the Client specifically states otherwise at the time of this agreement, the Client gives permission to Jess Porter Photography to use any image from their Session for editorial, trade, advertising, industry competitions and for portfolios and reasonable advertising for Jess Porter Photography.
- Jess Porter Photography will not use any Images from their session for any other purpose without obtaining their permission.
- The Client releases, discharges and forever holds Jess Porter Photography harmless in respect of any and all Losses arising as a result of the Assignment (Losses). Losses include any and all losses, liabilities, causes of action, claims, demands, actions, suits or proceedings of any nature, whether caused by, arising from or incidental to negligence, breach of contract or otherwise, which you, a model or another party may now have or at any time hereafter may have with respect to the Assignment or from participating in the photographic Session.
- The Client agrees to indemnify Jess Porter Photography and keep Jess Porter Photography indemnified for all Losses under this agreement.
- Jess Porter Photography shall carry out this Assignment with due and professional Diligence.
- In the event of elements beyond Jess Porter Photography’s control, Jess Porter Photography shall not be liable for its complete performance of the Assignment and it is agreed that the liability of Jess Porter Photography shall be limited to a refund of any money paid under this agreement which shall be in full and final satisfaction of any damage or loss suffered.
- Elements beyond Jess Porter Photography’s control include faulty material, equipment failure, damaged and exposed film, loss of film, photos, negatives, digital files in transit between Jess Porter Photography and professional laboratories employed by Jess Porter Photography, loss or damage to film, negatives, digital files and proofs during processing and developing either by Jess Porter Photography or professional laboratories employed by Jess Porter Photography, illness, industrial disputes, civil disturbances, or weather conditions which may inhibit or prevent Jess Porter Photography completing in whole or in part this Assignment.
- The Client has read and understood the terms of this agreement. This agreement contains the entire understanding between Jess Porter Photography and the Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.
- In signing this agreement, the Client grants Jess Porter Photography the unrestricted right to use, reproduce and publish the photographs taken within this Session (including their image and likeness and that of the Models) and testimonials as depicted therein for editorial, trade, advertising, industry competitions and for portfolios and reasonable advertising for Jess Porter Photography or any other reasonable purpose without restriction. The Client hereby releases Jess Porter Photography and its legal representatives and assigns from all claims and liability relating to said photographs.