Studio Agreement
This Agreement is a legally binding contract between Jenna Elizabeth Studios, LLC (hereafter “THE PHOTOGRAPHER” or “PHOTOGRAPHER” or “JES”) and the undersigned hereafter referred to as “THE CLIENT).
This Agreement is entered into on the below specified date.
THE SCOPE OF WORK
This agreement is for services and products related to photography.
The photography services consist of a Personal Style Consultation (hereafter “Consultation”) , Photo Shoot (hereafter “Session” or “the Session”), and an in-person ordering appointment (hereafter “Ordering Appointment”).
The photography products consist of high quality, prints, photo books, and wall art.
SITTING FEE
In consideration of the photography services provided by the PHOTOGRAPHER, detailed The SCOPE OF WORK, the CLIENT agrees to pay the PHOTOGRAPHER a Sitting Fee of $350.00. Upon signing this contract, CLIENT acknowledges the Sitting Fee is non-refundable.
The Sitting Fee reserves the PHOTOGRAPHERS time and is not a retainer or a deposit. PHOTOGRAPHER agrees not to not make this time slot available to any other potential clients.
CANCELATION, RESCHEDULING, AND LATENESS
If the CLIENT cancels Consultation, Session, or Ordering Appointment for any reason, the Sitting Fee is non-refundable.
If CLIENT needs to reschedule their Consultation, Session, or Ordering Appointment for any reason, they must call to reschedule as soon as possible. Rescheduling dates will be determined by PHOTOGRAPHER'S availability. Sitting Fees are only transferable at the PHOTOGRAPHERS discretion.
If the PHOTOGRAPHER is unable to perform this Agreement in whole or in part due to circumstances outside of the PHOTOGRAPHERS control, such as inclement weather, sudden injury, illness, lost equipment, or acts of God, the client shall be allowed to reschedule at the PHOTOGRAPHER’S discretion or the PHOTOGRAPHER will refund the Sitting Fee. The PHOTOGRAPHER will assume no further liability in regard to this agreement.
Any CLIENT who is late to a Consultation, Session, or Ordering Appointment will have the minutes/hours late subtracted of the duration of the agreed-upon time scheduled. If a client does not show up for a Consultation, Session, or Ordering Appointment, PHOTOGRAPHER reserves the right to reschedule or cancel services with no refund to CLIENT.
If PHOTOGRAPHER is late to the Consultation, Session, or Ordering Appointment, the minutes/hours late will be added to the duration of the agreed-upon time scheduled.
TRAVEL FEES AND ADDITIONAL FEES/EXPENSES
Travel up to 50 miles from PHOTOGRAPHERS zip code (08722) is included with the Sitting Fee. There is an additional travel fee of $2.00 per mile for any session located outside the 50-mile radius.
The CLIENT is responsible for covering any additional fees and costs related to millage, plane tickets, hotels, admission fees, permits, parking, etc.
Weekend and holiday rates apply to sitting and travel fees.
CONSULTATION
CLIENT will receive up to a 1- hour, in-person, or on phone style consultation with Jenna.
CLIENT will receive Jenna’s Style Guide containing her cultivated list of preferred fashion sites.
SESSION
The PHOTOGRAPHER will photograph CLIENT or CLIENT requested subject(s), discussed at the Consultation with the understanding that the CLIENT desires the above mentioned Session Type.
PHOTOGRAPHER will make a good faith effort to achieve CLIENTS desired results. However, PHOTOGRAPHER will retain ultimate discretion and control over the session. PHOTOGRAPHER will use the equipment PHOTOGRAPHER finds appropriate. CLIENTS desired results are limited by the terms of this agreement.
JES also reserves the right to refuse to photograph any situation or pose that presents a risk of endangering the safety or risking injury to either the PHOTOGRAPHER or the subject(s) being photographed.
CLIENT understands that each session carries a minimum product order of $250.00.
CLIENT is responsible for any property damages caused by CLIENT, and or CLIENTS subject(s).
CLIENT assumes responsibility of making JES aware of ANY food allergies. JES assumes no liability or responsibility for any allergy that was not disclosed prior to Session.
CLIENT acknowledges that a legal guardian must accompany all minors to the Session.
MINI SESSIONS
Mini Sessions are offered one day only at PHOTOGRAPHERS' discretion.
Mini Sessions will incur a nonrefundable Fee of $290.00 that will include two artistically edited high-resolution digital images chosen by the CLIENT at the time of the session.
CLIENT will receive a phone-style consult, a 1 Hour In-Studio Session for up to 2 subjects, with up to 3 wardrobe changes. Mini Sessions will use no more than 3 different backdrops chosen by PHOTOGRAPHER.
CLIENT has the option to purchase additional images at a discounted rate of $190.00 per image.
Additional images must be purchased the same day as the session in order to receive a discounted rate otherwise regular per image rate of $250.00 will apply.
Mini Session CLIENTS agree to the terms of the JES Model Release.
ORDERING APPOINTMENT
CLIENT agrees to have images presented in person either “in studio” or at “CLIENTS home”, approximately two weeks following the session to ensure accuracy of image representation, unless prohibited by travel distance.
CLIENT understands that there is a minimum purchase amount of $250.00 per Ordering Appointment. *Excluding Mini Sessions.
PHOTOGRAPHER will be prepared with lightly edited images for CLIENT to review along with product samples.
PRODUCT
Digital Negatives are included with every image purchased. *This is a web quality with release.
JES will deliver product(s) to CLIENT at no additional cost.
JES guarantees the quality of all products. If any product arrives damaged, JES will replace at no additional cost to the CLIENT.
Products will not be released to CLIENT unless order has been paid in full.
DIGITAL NEGATIVES IMAGE RELEASE
Digital Negatives are included with all purchased images.
Images are for personal web use ONLY and are not meant for reproduction in any form, which includes but is not limited to, printing, downloading, copying or altering image(s) in any way.
IMAGES STORAGE AND ARCHIVE FEES
Images from each session will be stored at no charge for a period of 3 months following initial ordering appointment.
If CLIENT wishes to store or archive images for a period longer than 3 months, there will be an incurred storage fee. Storage Fees start at $150.00 for every 100 images for a period of 3 months.
JES will not archive or store images for a period longer than 2 years.
JES is not required to store images for a session in which an Ordering Appointment has not been completed within 6 weeks of session date.
EXCLUSIVITY
It is understood and agreed that no other PHOTOGRAPHER will be allowed to photograph or take pictures during the Session while PHOTOGRAPHER is working, unless otherwise agreed by the Parties in writing. This restriction applies to CLIENT and any associates of CLIENT and includes cell-phone cameras, computer cameras, and their equivalents.
LIMITS OF LIABILITY
PHOTOGRAPHER will refund Sitting Fee, but will not be liable for any other injuries, if photographic materials are damaged in processing, lost through camera malfunction, or otherwise lost or damaged, rendering the photographic material unusable, without fault on the part of PHOTOGRAPHER.
Upon delivery of product, PHOTOGRAPHER is not liable for damage of photographic materials though storage malfunctions.
In no event, regardless the circumstances, shall PHOTOGRAPHER be liable for consequential, emotional, third-party, punitive or any other damages, including attorney’s fees, resulting from PHOTOGRAPHER’S services or lack thereof. PHOTOGRAPHER shall only be liable up to the price of this Agreement.
ATTORNEY
If legal action is necessary to enforce the terms of this contract the prevailing party shall be entitled to reasonable attorney fees in addition to any other remedies to which that party might be legally entitled.
INTELLECTUAL PROPERTY RIGHTS
All photos and images taken by JES remain the sole, copyrighted, intellectual property of PHOTOGRAPHER, even after full payment by CLIENT and distribution to CLIENT.
RESTRICTIONS OF PHOTOGRAPHY USE
CLIENT shall not modify or otherwise alter PHOTOGRAPHER’S photographic materials. This includes the use of filters, cropping, overlays, or any other alteration that modifies the PHOTOGRAPHER’S intellectual property.
CLIENT shall not post physically or in digital form, including on any social media, website, blog, or application, any of PHOTOGRAPHER’S photos without PHOTOGRAPHERS expressed written permission and attributing the PHOTOGRAPHER.
CLIENTS do NOT have the right to sell, share, or enter poritiats into contests or talent agencies without prior written authorization from JES
CLIENT shall never distribute, make available for download, or reproduce any of PHOTOGRAPHER’S photos without written consent of PHOTOGRAPHER, unless the photos include PHOTOGRAPHER’S watermark.
CLIENT shall not publish photos without PHOTOGRAPHER’S written consent and attribution to PHOTOGRAPHER.
MODEL RELEASE
All CLIENTS are required to sign a model release.
With a signed Model Release, PHOTOGRAPHER may reproduce, use, and distribute the photos and images for any personal, business, marketing or studio purposes. CLIENT expressly agrees to release to Photographer any personal or proprietary interest in the photographic materials that result from the session and agrees that PHOTOGRAPHER may showcase, sell, or otherwise distribute photographic materials from the session, including those depicting CLIENT.
APPROPRIATE CONDUCT/ SAFE WORKING ENVIRONMENT
The CLIENT(S) expressly agree(s) to take best efforts to provide JES, and JES’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to JES staff, the CLIENT(S) will agree to relieve and hold JES harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of JES's work. The CLIENT(S) shall be responsible for payment in full, regardless of whether the situation is resolved or whether JES resumes work detailed in this Agreement.
NO GUARANTEED RESULTS
As stated in The Session portion of this agreement, PHOTOGRAPHER will make good faith and effort to achieve CLIENTS desired results. However, photography is a subjective art form, and CLIENT acknowledges that the PHOTOGRAPHER can not and will not guarantee any particular results, including CLIENTS desired results. JES is responsible for providing technically proficient images consistent with her represented style. An effort will be made to capture positions and facial expressions desired by CLIENT, however, JES is not responsible for images not captured resulting from lack of cooperation from CLIENT, and or CLIENTS subject(s).