1. AGREEMENT, JURISDICTION and SEVER ABILITY: This contract contains the entire understanding between Jacquelyn Genevieve Photography and THE CLIENT(S). It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
The laws of the State of Michigan shall govern this contract, and resulting arbitration shall take place within Macomb county. THE CLIENT(S) assumes responsibility for all collection cost and legal fees incurred by Jacquelyn Genevieve Photography should enforcement of this contract become necessary.
In the event that any part of this contract is found to be invalid or unenforceable, the remainder of this contract shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this contract shall not constitute a waiver of any other portion or provision of this agreement.
2. CLIENT(S) affirm(s) the CLIENT(S) is/are at least 18 years old and has the capacity to enter into a contract with Jacquelyn Genevieve Photography.
3. Jacquelyn Genevieve Photography is an independent contractor and not an employee of the CLIENT(S).
4. PAYMENTS: THE CLIENT(S) agrees that 25% reservation deposit is required at the time of contract acceptance, 50% due 6 months prior to event, and 25% of the remaining balance is due 14 days prior to the event.
(THERE IS A $50 CHARGE ON PAYMENTS RETURNED FOR ANY REASON)
B. Failure of the Clients to pay the Full Final Payment on or before the date listed above shall constitute Termination. If final payment is not received on or before the date listed above, Supplier will not attend, and shall not be expected to attend, said Event.
5. RESERVATION: Upon your signature, Jacquelyn Genevieve Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Retainer Fee of 25% is non- refundable, even if the date is changed or the wedding cancelled for any reason, including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of signing the contract. The Reservation Deposit is applied towards the contracted wedding photography package. THE CLIENT(S) understand(s) and agree(s) that the entire amount owed for the wedding photography package described in the contract is due 14 days prior to the event.
6. FINAL IMAGE DELIVERY: After your wedding, Jacquelyn Genevieve Photography will provide THE CLIENT(S) with a private 60 day gallery that will display final edited digital images 6-8 weeks after the wedding. The clients can make print orders at this time. The clients are also allowed to give any family members or friends access to the gallery to purchase prints if desired. Only the CLIENT(S) is allowed to download photos from the gallery for personal printing use. Printing orders could take up to 2 weeks to recieve. Should you need more time than 60 days there will be an additional fee of $50 to reupload your gallery. If any photo credit is applied in your package you must order within 60 days or you are subject to lose the total amount of credit. If photo boxes with USB are included with your package, they are custom made and take an additional 6 weeks to recieve after the online gallery is delivered.
7. PHOTO STORAGE: Upon receipt of photos; THE CLIENT(S) accepts all responsibility for archiving and protecting the photographs. JGP does not guarentee permanently archiving image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability. JGP guarentees the files will be protected for 6 months from the event date, after that JGP is no longer responsible. It is THE CLIENT(S) responsibility to make sure that digital files are copied to new media as required. If a gallery needs to be retrieved and it is available, a $50 fee is required.
8. TERMINATION OR CANCELLATION: This Agreement may be terminated under any of the following conditions:
A. In the event that THE CLIENT(S) reschedules the Wedding/Event Date, Jacquelyn Genevieve Photography will amend the Wedding/Event Date in this contract and THE CLIENT(S) will forfeit the Retainer Fee but receive credit for all other monies paid up to the date. A new retainer fee will need to be paid in order to proceed with the new Wedding/Event date and amend the contract.
B. In the event that THE CLIENT(S) reschedules the Wedding/Event Date and Jacquelyn Genevieve Photography is NOT available on the new Wedding/Event Date, it will be treated in the same manner as a cancellation and THE CLIENT(s) will forfeit all monies paid up to the date.
C. In the event that THE CLIENT(S) cancels the Wedding/Event outright, THE CLIENT(S) will forfeit all monies paid up to the date. Cancellation must be in writing even if a phone call was made to inform Jacquelyn Genevieve Photography of the cancellation.
D. At Jacquelyn Genevieve Photography’s discretion:
(i) In the unlikely event that Jacquelyn Genevieve Photography is unable to provide the services described in this agreement on the Wedding/Event Date for any reason including, but not limited to, illness, injury, emergency, or act of God, sudden event or other circumstances beyond the control of Jacquelyn Genevieve Photography, a Substitute Photographer may be sent at no additional cost to THE CLIENT(S). This contract will be transferable to another Photographer that JGP provides. The photos would still be edited and delivered the same by JGP. If THE CLIENT(S) declines the Substitute Photographer, THE CLIENT(S) may instead terminate this Agreement, and receive a full refund of all money paid.
(ii) In the event THE CLIENT(S) fails to make any installment payment due as described under the Section 4-Payment of this contract.
D. Return of monies paid.
(i) In the event that any refunds are due under the terms of this Agreement, Jacquelyn Genevieve Photography will effect such refunds to the person or entity from whom or which the funds derived within 30 days of the date acknowledged.
E. CANCELLATION: In the event that THE CLIENT(S) cancels the wedding photography services outlined in this contract on the wedding date before the wedding ceremony takes place, THE CLIENT(S) agree(s) that it will be treated in the same manner as a cancellation and THE CLIENT(s) will forfeit all monies paid up to the date.
9. PRE-EVENT CONSULTATION: It is strongly recommended that THE CLIENT(S) schedule a pre-event consultation before the wedding date to finalize the actual shooting times and locations.
10. EVENT GUIDE: THE CLIENT(S) will be responsible for designating an “EVENT GUIDE”. The role of the EVENT GUIDE is to identify people/objects of whom/which specific photographs are desired, as well as to make certain that these subjects are available when needed. It is recommended that THE CLIENT(S) develop a list of desired family formal photos and share this with the EVENT GUIDE and all persons included in family formal photos well before the wedding. The Photographer will NOT be held accountable for not capturing desired photographs if there is no one to assist in the identifying or gathering people/items/locations for the photograph(s).
11. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Jacquelyn Genevieve Photography is not responsible for key individual’s failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to Jacquelyn Genevieve Photography. Jacquelyn recommends that THE CLIENT(S) designates a “Go to Person” to point out important individuals to the photographer, whom THE CLIENT(S) wishes to include in informal or candid photographs. Clients also understand that the photographer is not responsible for artificial tan or makeup mishaps and that there will be a $150 an hour charge for corrections.
12. HOUSE RULES: The photographer is limited by the guidelines of the ceremony officiant or the reception site management. THE CLIENT(S) agree(s) to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT(S) responsibility; Jacquelyn Genevieve Photography will offer technical recommendations only.
13. DIGITAL NEGATIVES, PRINTS AND COPYRIGHTS: The photographs, digital negatives or prints produced by Jacquelyn Genevieve Photography are protected by the U.S. Copyright Law (all rights reserved) and may not be reproduced in any manner without Jacquelyn Genevieve Photography’s explicit written permission. All copyrights, as well as originals, whether negatives or digital, remain the sole property of the Supplier. Upon final payment by THE CLIENT(S), print usage agreement of the resulting images will be transferred to THE CLIENT(S) under the following conditions:
A. The digital files given to THE CLIENT(S) are for personal use and distribution of photographs to friends and relatives only.
B. Images may be used on PERSONAL web sites or publishing sites as long as a copyright notice appears near the images stating “© Photo by jacquelyngenevievephoto.com” is required.
C. RAW images are not released to THE CLIENT(S). They remain under the ownership of Jacquelyn Genevieve Photography.
D. PRINT ORDERS: Prints of photos may be ordered at the following rates. Prints and albums included in collections must be ordered within 60 days after delivery of final images. Other print options are available upon request at an additional fee.
-5x7: $8.00
-8x10: $10.00
-11x14: $15.00
-16x20: $30.00
(PLEASE NOTE THAT THESE PRICES AND OPTIONS ARE SUBJECT TO CHANGE WITHOUT ANY PRIOR NOTICE)
14. MODEL RELEASE: THE CLIENT(S) hereby assign(s) and grant(s) Jacquelyn Genevieve Photography and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT(S) or in which THE CLIENT(S) may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction’ and to copyright the same. THE CLIENT(S) hereby release(s) Jacquelyn Genevieve Photography and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Jacquelyn Genevieve Photography may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Jacquelyn Genevieve Photography.
15. EXCLUSIVITY/GUEST PHOTOGRAPHY: It is understood that Jacquelyn Genevieve Photography will act as a sole and exclusive wedding photographer. Jacquelyn Genevieve Photography reserves the right to bring on an assistant at her discretion. Since flashes from guest’s cameras may reduce the integrity of shots taken by Jacquelyn Genevieve Photography, THE CLIENT(S) acknowledge(s) that they are responsible for notifying all of their guests that guest photography is not permitted at any time while the professional photographer is in session. The formal photography time is for the exclusive use of Jacquelyn Genevieve Photography to capture the formal wedding portraits. Due to time constraints and the need for subjects to pay full attention to the professional photographer, guest photography is requested to be done at a separate time.
16. LIMIT OF LIABILITY: Jacquelyn Genevieve Photography warrants and declares that every effort will be made to provide high quality photographic services. In the unlikely event of severe medical, natural or other emergencies, it may be necessary to retain an alternative photographer. Jacquelyn Genevieve Photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a 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. In the act that THE CLIENT(S) should take Jacquelyn Genevieve Photography to court for any purpose regarding the event, Jacquelyn Genevieve Photography and its insurance company will take care of all matter, as Jacquelyn Knoll cannot personally be sued in anyway.
17. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, Jacquelyn Genevieve Photography cannot place an unconditional guarantee on the following. Jacquelyn Genevieve Photography will not be held responsible for any ruined photographs due to guests flashes; or any other ruined photographs due to any other cause in or outside of Jacquelyn Genevieve Photography’s control. Jacquelyn Genevieve Photography will attempt to abide by the rules of the church/synagogue in regards to camera placement at the ceremony. Many cities, counties, state agencies and private venues/businesses are charging a photography permit fee. Clients are responsible for the payment all such fees. In the event Clients fail or refuse to pay in full any such permit fee despite having been informed by Jacquelyn Genevieve Photography that such fee is required and/or has been assessed, Clients are responsible for fee plus any and all related costs or fines if applicable.
18. FORCE MAJEURE. JGP shall not be liable to Client for delays in performance occassioned by causes [force majeure] beyond JGP'S reasonable control and without its fault or negligence, including but not limited to accident, illness, Acts of God, or of the Public Enemy, acts of war, acts of the government in its sovereign capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of JGP's suppliers at any tier.
In the event it shall become impossible for JGP or Client to perform their obligations under this Contract for reasons of Force Majeure, the party so unable to perform may terminate this Contract or alter the contract upon written notice to the other.
In such event, Client shall pay JGP only for work completed [and expenses incurred] at the time of termination.
19. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT(S) and Jacquelyn Genevieve Photography at the time of acceptance of this contract shall be recognized as amendments to this contract.
20. PROFESSIONAL IMAGE MANIPULATION: Jacquelyn Genevieve Photography does not give permission for any images to be altered in any way. THE CLIENT(S) will accept that Jacquelyn Genevieve Photography has performed to its best ability and has no further responsibility towards images and manipulations after delivered to THE CLIENT(S). If images need to be further altered by JGP after the initial delivery the THE CLIENT(S) will be sujected to aditional fees.
21. THE CLIENT(S) agree that all special requests are left up to the photographers discretion and style.
22. EVENT FOOD SERVICE: It is Clients’ option to provide the photographer and assistant or second photographer a meal for events of 4 hours or longer. If no meal is provided, it is understood that the photographer and its assistant(s) will leave the event for one hour, without notice or request, to purchase a meal. The Supplier is not responsible for any photos that may be missed during this time period.
23. SAFE WORK ENVIRONMENT: THE CLIENT(S) agree to undertake best efforts to ensure that guests and attendees at the wedding treat the Photographer and the Photographer’s staff with respect and dignity and that the Photographer is provided with a safe working environment. Should an issue arise, the Photographer will make reasonable effort to contact the designated Point of Contact to handle the matter. If the situation is not remedied in a reasonable amount of time, the Photographer retains the right to cancel the remainder of the event. Safe working environment issues include, but are not limited to, guests, attendees, or other vendors of the wedding committing any instances of sexual harassment, violence, threats, or other similar behavior that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation, the THE CLIENT(S) will not be entitled to any refund.
I have read and understood the terms above. I hereby agree to the terms of this agreement.