This agreement contains the entire understanding between LoJo Photography and the client (hereafter referred to as “the CLIENT”). It supersedes all prior and simultaneous 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 that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have the waiver in writing.
RESERVATION AND BOOKING
This signed Agreement and proof of your purchase of the Living Social offer (your redemption code) are required to reserve your photography session as specified in this agreement.
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. LoJo Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to LoJo Photography beforehand.
The client agrees that LoJo Photography owns the copyright in all the images produced and may not be reproduced in any manner without LoJo Photography’s written permission. It is a breach of this agreement to not only reproduce the images, but to display them on social networking sites (Facebook, Google+, etc). If displayed on social networking sites, photos must say photos by LoJo Photography somewhere visible on the photo or on the information tab below each single photo.
Limited copyright ownership of images purchased will be transferred to the CLIENT under the following conditions:
- The photographic images are the property of CLIENT for personal use. Digital images, where purchased, are provided with a limited print release for the purpose of the reproduction and giving of photographs to friends and relatives.
- The CLIENT must obtain written permission from and compensate LoJo Photography prior to the CLIENT or the client’s friends and relatives publishing or selling the photographs for profit.
Under no circumstances will unedited or RAW images be released.
Requests for photographic images to be used by LoJo Photography may be made at a future time. The CLIENT grants LoJo Photography permission to display selected images resulting from this assignment as an example of LoJo Photography’s work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
The CLIENT hereby grants LoJo Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases LoJo Photography and its legal representatives and assigns from all claims and liability relation to said photographs.
LIMITATION OF LIABILITY
In the unlikely event that the photographer is injured or becomes too ill to photograph the event, LoJo Photography will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. LoJo Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond LoJo Photography’s control, LoJo Photography’s liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
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, and the client still proceeds with the session and it rains, 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 hourly rate to reschedule or shoot additional photos. Due to photography equipment, it is up to the photographer’s discretion if bad weather persists to cancel the session, 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. The CLIENT will then be put on first alert for their session and able to have their session even on non-session days (where LoJo Photography is available to do so).
For all NEWBORN sessions LoJo Photography will supply props for the session. If a particular prop that the CLIENT has seen in portfolio images is wanted by the CLIENT then the CLIENT must notify LoJo Photography of this requirement. If no requirements are specified then LoJo Photography will provide a selection of props for the session.
In the event that the CLIENT has a prop in their possession that they wish to use in the session then the CLIENT is responsible for bringing that prop or props to the session. In the event that the client has forgot a prop for the session and wants photos with that prop, the CLIENT will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos.
In the event that the CLIENT would like additional photos due to appearance out of our control (hair/makeup, etc.) in the previous session, the CLIENT will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos.
All NEWBORN sessions are held in LoJo Photography’s studio.
However, if by prior arrangement another location is specified and if the CLIENT has more than one location for their session, the travel time going from destination 1 to destination 2 and so forth will count towards the total amount of the session time.
LOCATION & ACCESS FEES
If the CLIENT wants to do a session at a location that charges for access, the CLIENT will be responsible to cover fees associated with shooting there, and all parking fees. They are also responsible for organizing the access and any permits related to doing so.
ADDITIONAL FAMILY MEMBERS
In the event that the CLIENT wants to add additional family members in their shoot, they will be charged $50 per person to add them into the session. This policy includes pets. There will be no additional fee for 2 pets. There will be a charge for any additional pets over 2.
Although, there are no additional fees for additional outfits. The amount of time it takes to change into those outfits does count towards the total amount of the session time.
In the event that the CLIENT is late to the agreed appointment time for their session the time that the CLIENT is late over and above the initial 15 mins will be taken as time used by the photography session.
In the event of cancellation the full amount of the booking fee paid is non-refundable. It shall be liquidated damages to LoJo Photography in the event of a breach of contract by CLIENT. The CLIENT shall also be responsible for payment for any LoJo Photography material charges incurred up to time of cancellation.
The CLIENT acknowledges that LoJo Photography will select the best images from the photography session to edit.
All edited images will be presented to the CLIENT in a in-person gallery viewing session.
Editing takes approximately two to four weeks but may take longer.
All images shown at in-personal gallery viewing sessions, or if required in an online gallery, are final edits of photos taken at the time of the above photography session.
All images selected for purchase are final once ordered. No refunds will be provided.