Terms & conditions of the contract
Please read below and sign, indicating your agreement.
1. PHOTOGRAPHY SESSION ORDER: This signed contract constitutes an order for photography in the form of high-resolution digital images and/or prints. There are no oral or other agreements of the parties hereto, and this contract constitutes full and complete understanding and agreement between the Client and Photographer.
2. LIMIT OF LIABILITY: Although care will be taken with the digital files, the Photographer limits any liability for loss, damage, or failure to deliver photographs for any reason of photographer's non-performance caused by any force or similar circumstances, illness, accident, or any cause beyond their control. In any event, the limit of Photographer's liability shall not exceed the contract price stated herein.
3. OWNERSHIP OF DIGITAL FILES: It is agreed that dual ownership of the purchased digital files will be maintained by the Client and the Photographer. Upon delivery of the digital files to Client's physical control, the client shall gain personal non-commercial rights to the purchased images. Client will have the right to use them for marketing, promotional, and advertising purposes. They will also be able to post them on their social media, website, and wherever else they choose to post them. This license gives the client the right to use the photographs for commercial purposes and allows them to do this legally. However, it does restrict them from reselling them as stock photos or giving them to third parties for their use and for other economic gain.
It is also agreed that the Photographer will have full rights to use all images for advertising purposes.
The Photographer does NOT guarantee archival of the digital files past a period of 12 months after the session/event date and will not be held responsible if loss occurs as per section 2.
4. DISPLAY OR PROMOTION: It is agreed that the Photographer may display and use photographs from the session/event for web site and internet promotion, and any other non-commercial purposes thought proper by the Photographer. Permission is granted to Jackie Mihaley Photography to use the names, likeness, image, voice and/or appearance such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like, taken or made on behalf of Jackie Mihaley Photography's activities. I agree that Jackie Mihaley Photography has complete ownership of such pictures, etc., including the entire copyright, and may use them for any purpose consistent with Jackie Mihaley Photography's missions. These uses include, but are not limited to illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the Internet. I acknowledge that I will not receive any compensation, etc for the use of such pictures, etc, and hereby release Jackie Mihaley Photography and its agents and assigns from any and all claims which arise out of or are in any way connected with such use.
I have read and understood this consent and release.
I give my consent to Jackie Mihaley Photography to use the names and likenesses listed above to promote Jackie Mihaley Photography, and/or their activities by my signature below.
5. SESSION FEE: Upon signature and payment of the session fee, the Photographer reserves the time and date agreed upon and will not make other reservations for that time and date. For this reason, the session fee is non-refundable, even if the photo-session is cancelled for any reason. In the event of sickness, every effort will be made to reschedule the session for another time that is convenient for both parties. Sessions can only be rescheduled one time at no cost.
6. GUARANTEED DELIVERY: Photographer agrees to have a proofing gallery complete within two weeks of the photo session date.
7. EMPLOYMENT: This contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.