This document is a contractual agreement made between:
Oswald Innovations LLC, DBA Jen Oswald Photography, hereinafter known as 'the Photographer'
, hereinafter known as 'the Client'
Retainers and Payment
Photography Sessions typically last 60 minutes. The full retainer of $75 is due during booking to hold reservation. The Client will recieve 20 hand edited full resolution digital images. Additional images may be purchased at $10 per digital image. Please make Checks payable to Jen Oswald Photography. The Client agrees to a $35 fee for returned check or payment. The charges in this agreement are based on the Photographer's standard price list. The Client agrees that the Photographer may withhold final products until the Client's full balance is paid. The price that is quoted during booking will not change upon receiving signed contract and payment. The Photographer's standard price list is adjusted periodically and future photography sessions may be priced differently.
As an artist, the Photographer reserves the right to artistically interpret what he/she sees and in what ways he/she chooses to photograph the session. This may means that some shots are in black and white or some are cropped differently than others. This is the interpretation and vision as an artist. The Photographer retains the right of discretion in selecting the photographic materials released to the client from the session. There will be a total of 20 hand edited, high-resolution digital images delivered via a private online gallery within 2 weeks of the session. The Client will not recieve negative/RAW files for any reason. Once the online gallery is delivered, the Client will have 60 days to download their images to their computer or have them printed from a professional lab through the Client's online gallery. The gallery will expire in 30 days. There will be a fee of $25 to re-host the gallery for an additional time. The Photographer backs up client files for 1 year only. The Photographer is not liable for lost digital files after 60 days; it is the Client's responsibility to save and back up their digital files.
The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to, specifying persons and/or scenes to be photographed, taking time to pose for photographs at the Photographer's direction, pre-shoot consultatios, etc. The Photographer shall not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or cooperation. Permission is hereby given to the Photographer to use reproduction of digital images of the Client for general marketing purposes in accordance within the reasonable commercial practice including, but not limited to, within the Photographer's place of business, website and social media use, blogging, contest entry, or as portfolio usage for prospective clients. The Client hereby releases the Photographer from all claims and liability relating to any images taken of the Client.
Print Release, Digital Image Usage, & Copyright
1. The Client should only use the digital files, prints, and product in accordance with the permission within this agreement. The Client's imags produced by the Photographer are for personal use only and shall not be submitted to contests or reproduced for commerial use without the permission from the Photographer. The Client may not authorize any reproductions or edits by any parties other than the Photographer. Any alterations done to photographic materials will be deemed a breach of contract. The Client has the authority to print digital images for personal use and to use their digital images to make products for personal use, such as prints, calendars, mugs, gifts, etc.
2. Print quality is gauranteed only when purchasing through Jen Oswald Photography. Prints and product ordered through Jen Oswald Photography are printed from a high quality, professional printing lab. The Photographer uses a color calibrated computer monitor that is specifically designed to produce high quality coloring that local labs cannot handle.
3. The Client may share digital images via social media. The Client does NOT have permission to screen shot images from the gallery, add filters to digital images (e.g. Instagram and Facebook filters), or capture the photographs in any other fashion than the original image provided by the Photographer. When sharing digital images with no watermarks on social media, the Client agrees to give the Photographer proper photo credit. (e.g. tagging Jen Oswald Photography on Facebook and crediting @jenoswaldphotos on Instagram)
4. Copyright Law states that Copyright vests in the author or creator of the work of are. All photographic materials, including but not limited to, negatives, transparencies, proofs, previews, and fishished product, shall be the exclusive property of the Photographer. The Photographer shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, contest entries, editoral submissions and use, or for display on the Photographer's website and/or social media. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood by the Client that any alteration of original images by the Client is strictly prohibited witout the written permission of the Photographer.
Termination and Rescheduling
1. If the Client cancels this agreement (Client decides they no longer need Photographer's services), or fails to show up at the agreed location at the agreed time, the retainer shall be forfeited. The Client understands that by entering into this agreement, in the event of a cancellation or postponement of the photography session, the retainer paid is non-refundable. Retainers are transferable if a date change is necessary. In the event that the Client reschedules the photo session for a second time, or fails to attend the session on the session date for any reason, the Client forfeits the right to rescedule another date and the retainer fee remains non-refundable. Rescheduling for a third time will forfeit the original retainer fee for the previous scheduled sessions and the Client will require another $75 retainer for the third rescheduled session. If the weather is cause for cancellation the session will be resceduled without fault of the Client.
2. The Photographer does not offer free or discounted re-shoots on the basis of Client regret over wardrobe choice or location choice. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, act of God, or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a rescedule is unable to be agreed upon, the Phographer shall return the retainer to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials within 90 days, due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged files without fault of the Photographer, the session will be redone at no cost to the Client. If the Photographer and Client cannot agree on a new date and time, the retainer fee will be returned and the Client will waive any further liability from the Photographer. Should the Photographer have an emergency and no longer be able to provide photography services to the Client, the Photographer will refund the retainer and any remaining fees received by the Client to the Client.
Damages and Injury
1. In further consideration of the Client and the Client's family being permitted to participate in a photography session with the Photographer, the Client knowingly, voluntarily, and expressly waives any claim the Client may have against the Photographer for injury or damages. The Client hereby waives and releases the Photographer from any and all liability of any nature, and will not sue for damage which the Client or Client's family may suffer, including specifically, but not without limitation, any injury or damage resulting from action of any family member, and the Client assumes all risk of any such damage or injury to themselves or family while attending any photography session held by the Photographer.
2. Heirs, legal representatives, and the Client forever release and will hold the Photographer free and waived from any and all claims, liability, damge, loss, or expenses arising out of any injury to any person or damage to any person's property by the Client's family while in the care, custody, and control of the Photographer. The Client agrees to assume full responsibility, and will not sue the Photographer for any risks, injuries, or damages, known or unknown, which the Client and Client's family might incur or towards any other animal, person or property while in the presence of the Photographer or any other Oswald Innovations LLC affiliates.
Permits, Location Fees and Expenses
Clients will be responsible for obtaining any and all permits and/or paying any fees or commissions required by any venue, person or location being utilized for any sessions included herein this contract. This will include, but not limit houses of worship, parks, reception venues or event coordinators. Any additional expenses beyond what is outlined in the previous paragraphs and specifics of this contract, including, but not limited to, travel, lodging, admittance and parking fees, will be the responsibility of the Clients.
Clients agree that if any action is initiated in a court of law for breach of this Agreement, or for any reason pertaining to this Agreement, then the venue shall lie in the locality where the Photographer's business license is registered.
This contract is the ENTIRE agreement of the parties. No other terms or conditions are expressed or implied. Any additions, corrections or modifications to this contract must be in writing and signed by the Clients and Photographer. Oral modifications are not enforceable at any time. The Laws of the State of Florida shall govern this Agreement.
The undersigned hereby warrants that he/she is over the age of 18 and has full contractual capacity.
Client(s) agree(s) to only sign if they have read and agreed to the terms of service in this contract and they believe all information is deemed correct to the best of their knowledge.
As legal guardian to any parties under the age of 18 years, the Client consents to the agreement terms and conditions.
The Photographer agrees to the above contract or agreement with Clients named above and will perform contracted services.
Owner of Oswald Innovations LLC,
DBA Jen Oswald Photography