Deposits, Booking, and Rescheduling
In order to secure your shoot, a non-refundable deposit is required. This is not an extra fee, but is deducted from the full sitting fee. You can pay the booking fee by clicking the Terms and Conditions Agreement below. Paying below ensures the fastest way of booking and keeping your selected date.
After reading, filling out the short form below, signing the contract, and submitting, you will be prompted to pay your booking fee. Once your payment has been received, Jennifer Brecheisen Photography will contact you, and your session date will be reserved. Your spot will not be held until this is completed.
Booking and Rescheduling
The booking deposit, required of all sessions, is nonrefundable, with the exception of rain dates for outdoor sessions. Clients are permitted one rescheduled session if rescheduling request is made at least 1 week before the session. After one permitted rescheduling, any further rescheduling will require an additional booking fee of $50 to hold your spot.
TERMS & CONDITIONS AGREEMENT
Definitions
The Photographer: Jennifer Brecheisen & Jennifer Brecheisen Photography
The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Proof: Samples of all edited photos, in which Jennifer Brecheisen Photography (The Photographer) holds all exclusive rights to. These cannot be saved to Client’s computer, used on social networking sites, or printed, and will contain either Jennifer Brecheisen Photography’s logo, watermark, or proof stamp. All full sessions include the amount of proofs stated in that particular service package option.
Sitting Fee: Price including all “non-tangible” portions of the photography session. This includes, but is not limited to The Photographer’s TIME: time spent PREPARING for shoot, time spent DURING the shoot, and time spent EDITING the shoot. Preparing: Includes but is not limited to time e-mailing, setting up studio (bringing out necessary props, reconfiguring lighting for shoot, sanitizing props that may be used with newborns and children, and so on). During Shoot: Session fee for newborns always includes a block of 2 hours for the shoot. Standard Sessions on-location includes travel time. Post-Production: Each photo takes approximated 20-30 minutes in post processing.
This also includes time spent setting up Client’s online gallery and personalized shop. Also included in the session fee is general expense and wear and tear of props and equipment (including but not limited to memory cards, lighting, light stands, diffusers, light bulbs, beanbag poser, props, camera, lenses, and editing equipment).
Digital Download Purchases: High-resolution digital copies of the final images. When purchased, Client receives license for Royalty-free for personal use. The owner ("Owner") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.
Sole Photographer During Session
During your photography session with Jennifer Brecheisen Photography, the Photographer (Jennifer) will be the ONLY person permitted to take photos. Parents, friends, family, and anyone else attending the session is NOT permitted to take any photo with cameras, camera phones, tablets, etc. Doing so will result in end of session.
Facebook Sharing and Other Social Media
It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Jennifer Brecheisen Photography is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Jennifer Brecheisen Photography has uploaded to Facebook or her website, or from the low-resolution images offered for free to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark.
You are permitted to click the “share” button on any photos posted to Jennifer Brecheisen Photography’s facebook page. Sharing can NOT be done via screen shots of photos on Facebook or the Proofing gallery.
Proofs and Ordering
Your portraits will be available on Jennifer Brecheisen Photography’s website, in a gallery to view and proof prior to ordering prints. Final edited proofs will be available 2 weeks after the date of the session. Proofs will be available for 2 weeks and then the gallery will expire. Clients may request a re-opening of their gallery after it has expired. An unarchiving fee of $40 will be incurred. Upon receipt of payment your gallery will be live for 14 more days.
Edits
Jennifer Brecheisen Photography reserves the right to edit and release only the images that are deemed creditable as professional in quality and within Jennifer Brecheisen Photography’s standards. The photographer enhances photos via corrections to contrast, lighting, and color, as well and removal of baby acne, rashes, and accidental last minute scratches, bumps, etc. Jennifer Brecheisen Photography does not change any inherent qualities of a person, as it is considered a "cosmetic edit" and will be $20 per photo if it is requested by the client after seeing the edited proofs. Cosmetic edits include, but are not limited to: removing unwanted facial hair, adding hair to balding head, changing hair color, changing shape of nose, eyes, body, etc. It is requested the client take care of all cosmetic changes before the shoot if they do not wish to have gray hair, facial hair, etc in final photos.
Once again, edits are solely made by Jennifer Brecheisen Photography, any edits by clients or family members to digital files will void contract and close gallery from future re-openings.
Copyright and Reproductions
Jennifer Brecheisen Photography (The Photographer) shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.
Deposit and Payment
The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. Balance shall be paid in full during or before the session for the service to be provided. Jennifer Brechesien Photography accepts cash, all major credit cards, and paypal.
Client’s Usage
The Client is obtaining photography services for personal use only, and shall not sell said prints. If Client is obtaining a print for newspaper announcement of the wedding, editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the Photographer adjacent to the photograph. If Client is obtaining photography services for commercial use, Client shall give photographer credit where applicable, and agree to post advertisements and/or business cards on behalf of The Photographer at their place of business.
Client is never permitted to edit or alter any photo that is copyright of Jennifer Brecheisen Photography.
Inherent Qualities
Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due to delamination and oxidation, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. Additionally, The Photographer is not responsible for inevitable low-quality resulting from Client printing from any and all non-professional printing labs, including, but not limited to Walmart, Walgreens, Target, CVS, etc. It is to be noted that Jennifer Brecheisen Photographer suggests printing from professional printing labs such as mpix in order to receive highest quality prints.
Failure to Perform
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. 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.
Portrait Care
Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client.
Safety
Jennifer Brecheisen Photography reserves to right to terminate coverage and this contract, and leave the location of the event(s) if the photographer representing Jennifer Brecheisen Photography experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.
Severability
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
Model Release
Client understands that all parties to be photographed will need to fill in the contract below prior to the shoot. They will still be redirected to the booking page, but they will not need to pay any additional fees or deposits if one party has already done so.
In consideration of my engagement as a model, and for other good and valuable consideration herein acknowledged as received, I hereby grant the following rights and permissions to Jennifer Brecheisen Photography ("Photographer"),his/her heirs, legal representatives, and assigns, those for whom Photographer is acting, and those acting with his/her authority and permission. They have the irrevocable, perpetual and unrestricted right and permission to take, use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium athis/her studios or elsewhere, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever. I specifically consent to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. I also consent to the use of any published matter in conjunction with such photographs. I hereby waive any right that I may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied. I understand that the images of me may be used in public-service advertisements to promote AIDS awareness. Knowing that such uses may intentionally or unintentionally give rise to the impression that I suffer from this disease, I nevertheless consent to this use. I hereby release, discharge, and agree to hold harmless Jennifer Brecheisen Photography, his/her heirs, legal representatives, and assigns, and all persons acting under his/her permission or authority or those for whomhe/she is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of such photographs or in any subsequent processing of them, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy. I hereby warrant that I am of full age and have the right to contract in my own name. I have read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents of this document. This document shall be binding upon me and my heirs, legal representatives, and assigns. If you do not consent to the model release, do not sign below. An additional fee of $100 will incur and Jennifer Brecheisen Photography will make you a new agreement to enter into.
Model Release for a Minor Child
In consideration of the engagement as a model of the minor named below, and for other good and valuable consideration that I acknowledge as having received, I hereby grant the following rights and permissions to Jennifer Brechesien Photography ("Photographer"), his/her legal representatives and assigns, those for whom Photographer is acting, and those acting with his/herauthority and permission. They have the absolute right and permission to take, use, reuse, publish, and republish photographic portraits or pictures of the minor or in which the minor may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with the minor's own or a fictitious name, or reproductions of such photographs in color or otherwise, made through any medium at Photographer's studios or elsewhere, and in any and all media now or hereafter known, including the internet, for art, advertising, trade, or any other purpose whatsoever. I also consent to the use of any published matter in conjunction with such photographs. I specifically consent to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. I waive any right that I or the minor may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such photographs or the use to which it may be applied. I understand that the images of the minor may be used in public-service advertisements to promote AIDS awareness. Knowing that such uses may intentionally or unintentionally give rise to the impression that the minor suffers from this disease, I nevertheless consent to this use. I release, discharge, and agree to hold harmless and defend Photographer, his/herlegal representatives or assigns, and all persons acting under his/herpermission or authority or those for whom he/she is acting, from any liability by virtue of any reason in connection with the making and use of such photographs, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy. I hereby warrant that I am a legal competent adult and a parent or legally appointed guardian of the minor, and that I have every right to contract for the minor in the above regard. I state further that I have read the above authorization, release, and agreement, prior to its execution, and that I am fully familiar with the contents of it. This release shall be binding upon the minor and me, and our respective heirs, legal representatives, and assigns. If you do not consent to the model release, do not sign below. An additional fee of $100 will incur and Jennifer Brecheisen Photography will make you a new agreement to enter into.
Miscellaneous
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. 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 States Of South Carolina and North Carolina.