Session Contract, Model Release, and Agreement Form


SESSION CONTRACT

Entire Agreement:  This agreement contains the entire understanding between Jessi Lynne Photography and 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:  A signed contract and the booking/reservation fee are required to reserve the specified coverage.  This reservation fee is non refundable.  Upon payment, Jessi Lynne Photography will reserve the time and date (approximate for Newborn Sessions, until the baby is born) agreed upon by both parties.

Cooperation:  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 the photographs. Jessi Lynne 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 Jessi Lynne Photography beforehand.

Artistic Rights:  The Photographer retains the right of discretion in selecting the photographic materials released to the client.

Copyright & Reproductions:  The photographs produced by Jessi Lynne Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Jessi Lynne Photography’s explicit written permission or print release. It is a breach of this agreement to reproduce or alter the images. If displayed on social networking sites, I ask that in the comments, “Photos by Jessi Lynne Photography,” or similar, somewhere visible on the photo or on the information tab below each single photo with a link to our website or Facebook page (www.jessilynnephotography.com).

Upon CD/DVD distribution or images purchased off your online web gallery, limited copyright ownership of the resulting images will be transferred to the CLIENT under the following conditions:

  • The photographic images are the property of CLIENT for personal use only and shall not be submitted to contests, reproduced for commercial use, or authorize any reproductions by parties other than the Photographer.
  • If the Photographer provides a digital file print release, the CLIENT must act in accordance with the release.
  • CLIENT still must give recognition on social media in the information/comment section (ie: "Photo courtesy of Jessi Lynne Photography" with a link to our Facebook page and/or website)

The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s social media, blog, website and/or studio. 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 that any duplication or alteration of original images by the CLIENT is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer (This includes scanning, cropping, or other editing changes).

Exhibition: Requests for photographic images to be used by Jessi Lynne Photography may be requested at a future time.  CLIENT grants Jessi Lynne Photography permission to display selected images resulting from this assignment as an example of Jessi Lynne Photography’s work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.

If client's photo is requested to be used in any print or online publication, they will discuss this with
Jessi Lynne Photography. Jessi Lynne Photography grants client limited rights to use the images in marketing materials with specifications that photo by Jessi Lynne Photography is listed on the image/article. If client requests to use the image in the distribution of products such as but are not limited to posters, clothing, etc., a 5% compensation rate of the total number of sales will apply unless otherwise agreed upon in writing.

Model Release:  The CLIENT hereby grants Jessi Lynne 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 Jessi Lynne Photography and its legal representatives and assigns from all claims and liability relation to said photographs.

Limit of Liability:  In the unlikely event that the photographer is injured or becomes too ill to photograph the event, Jessi Lynne Photography will make every effort to secure a replacement photographer or, if possible, to reschedule the session.  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 session or can be used towards a rescheduled session.  Jessi Lynne 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 Jessi Lynne Photography’s control, Jessi Lynne Photography liability is limited to the return of all payments received for the session.  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.

Photographer: The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

Weather Policy: 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.

Props: The client is responsible for bringing any special props that they would like in their photos.. We do, however, provide a wide variety of props at the studio as well.

Locations: If you have more than one location for your session, the travel time going from destination 1 to destination 2 and so forth does count towards the total amount of the session time.

Location Access and 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.

Travel, Additional Family Members, and Overage Fees: 

  • If we are going to be shooting in your home or on location, the CLIENT shall pay $30 per 30 miles away from the studio.
  • Depending how many people you list on the questionnaire, and the nature of the Session, there may be a fee to add family members and/or additional pets.  We will discuss this and get in writing what the charges will be to make sure we are in agreement.  Any additional family members not listed on the questionnaire, will cost an additional $35 per person.
  • If your session goes over the allotted time, as long as it is not the fault of the Photographer, there will be a $50 fee per each additional hour.

Pricing: The charges in the agreement are based on the Photographer's Standard Price List.  We do run specials throughout the year, this does not mean future Sessions will be on special if we aren't running a special at the time. This price list is adjusted periodically and future orders shall be  charged at the prices in effect at the time when the order is placed. 

Outfits: 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.

Tardiness: In the event that the client is late to the appointment set, the client’s session will still be for the same scheduled ending time.

Rescheduling/Cancellations: If weather, illness, family emergency, or any other reasonable issue arises, we will be happy to reschedule your session.  In the event that the CLIENT requests to reschedule a session due to any other issue, we will need at least 7 days notice to use your retainer towards the rescheduled session.  There is no refund for cancelled sessions/no shows.

Indemnification: The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events. You are responsible for the safety of your kids.  You agree to hold Jessi Lynne Photography harmless, along with the owner of any property we may be using for our session.  You agree you will not sue Jessi Lynne Photography or the owner of any of the properties should injury occur.

Security Deposits:  In the event of cancellation, the booking fee/deposit paid is non-refundable.  It shall be liquidated damages to Jessi Lynne Photography in the event of a breach of contract by CLIENT.  The CLIENT shall also be responsible for payment for any Jessi Lynne Photography material charges incurred up to time of cancellation.

Completion Schedule: Editing and CD creation takes approximately two to four weeks, but may take longer. Jessi Lynne Photography will post at least one image/sneak peak from your session on our Facebook page. Feel free to share this link on your page! A blog reguarding your session may appear on our website within one month of your session which you may also share to your Facebook page =)

 

Thank you so much for choosing Jessi Lynne Photography. We hope you have a wonderful experience with us. Our goal is to provide the best product and customer service possible so that you continue to see us as clients and feel comfortable referring us to your friends and family.  Most importantly, we want to make sure you are HAPPY and will cherish these precious memories and creative moments through these photographs for years to come! =)


MODEL RELEASE


I, authorize the Photographer to use and to create images for promotional material, online usage, and other areas of marketability. I further authorize the distribution of photographs to potential clients of the Photographer for portfolio purposes. I agree and understand that the photos will be taken digitally.
I, further acknowledge that I will not be compensated, either now or at any time in the future, for any use of marketing and that the Photographer of such photos exclusively owns all rights. 
I, also hereby waive all rights and release the photographer from, and shall neither sue nor bring any proceeding against the photographer or his agents for any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy or personality or any similar matter based upon or relating to the use and exploitation of the photos.
I also consent to the use of my own name or any fictitious name, which may be chosen in connection with the aforesaid photographs. I hereby release any and all claims whatsoever in connection with the use of my photograph and name and the reproduction thereof as aforesaid. I hereby waive any right that I may have to inspect and/or approve the photographs or any advertising copy that may be used in connection therewith or the use to which it may be applied. 


AGREEMENT FORM

PHOTOGRAPHY AGREEMENT: This agreement is between the Client, whose name and address is listed below, and Jessi Lynne Photography.

Photographer:  Jessi Lynne Oberlin | Photographer/Owner

                     

Client:

 

 

Please fill out the information below.  I will also have a hard copy for you to sign at the pre-session consultation or when you arrive for the actual portrait session.