Terms of Photo Shoot
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The photographer shall not be held liable for photographs not taken. Parents are responsible for the actions of their children.
The photographs produced by Christy Whitehead Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Christy Whitehead Photography’s explicitly written permission. CLIENT grants Christy Whitehead Photography permission to display or sell selected images resulting from this assignment as an example of Christy Whitehead Photography’s work and release all claims to profits that may arise from use of images. By signing this contract you agree to these conditions for you as well as for any children you may have with you at the shoot. The CLIENT hereby grants to Christy Whitehead 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 Christy Whitehead Photography and its legal representatives and assigns from all claims and liability relating to said photographs.
Headshots include all of the other terms, however, headshot sessions include digitals for commercial use by the client. Images may be used for YOUR company's useage (web, brochures, business cards, etc for YOUR company) and may not be resold. We ask that you cite Christy Whitehead Photography as the photographer where possible.
Headshot sessions do NOT have an official ordering appointment, however, prints or upgrade may be made if you like.
PORTRAIT SESSION TERMS
(Pregnancy, newborns, children, families, cake smashes and general portraits)
Not Shown. We go through all your images and pull out the images that aren’t as good either because of closed eyes, weird looks or the angle isn’t quite as good as the one we have decided to show you. If by chance you know there is an image (maybe with grandma) that didn’t make the cut please let us know within 14 days of the images going into the gallery, otherwise the rejects will be deleted at that point.
Photo Storage. We will hold all edited images on a backup hard drive and in cloud storage for a minimum of three months. If your images are important to you, we highly suggest you purchase your images and back them up. Images not purchased may not be saved, so please purchase the images you are interested in.
ONLINE GALLERIES. If you purchase digital images, they will be delivered via an online gallery. You have 30 days to retrieve the images and download them. If you lose them or need them to be reuploaded, there is a $50 retrieval fee.
Online Use of Images. We love that our clients want to share our images on Facebook and on their websites. If you have bought a disc of edited images you may post all the images you want, we just ask that you put something like “Photos by Christy Whitehead Photography” under the image. If you did NOT purchase a disc of images, we often post sneak peaks to our blog or on Facebook. Feel free to copy those and repost. However, you may NOT crop or alter the image in any way.
Rights to Images. By purchasing digital negatives of images, you are purchasing the right to print and use the images for your own personal enjoyment. They may not be sold or used by you or anyone else that you dictate in an advertising or commercial form. Photographer retains copyright to the images to use for her own commercial use and advertising.
ORDERING APPOINTMENT. Upon booking you understand that you will be returning to our studio for an Ordering Session and will be choosing your images and wall art at that time. You have up to 90 days after your portrait session to schedule your Ordering Appointment. After 90 days, we cannot guarantee pricing or to even have your images, so please make your appointment in a timely manner. If you do not set up an ordering appointment within 90 days of your session, we'll assume that you are no longer interested and your session may be deleted. If we still have your session, your product pricing will be subject to the current pricing, if it has changed since when you booked. There will be no refunds for sessions that were not ordered from within 90 days.
ORDERING APPT PAYMENT PLANS. At least 30% is due for your wall art purchase at the time of your ordering appointment and because it is a custom order is non refundable. Your order may not be placed until it is paid in full. If you are on a payment plan, please email us to let us know you made the last payment.
After we review your order for accuracy, you will be notified to come pick it up. Orders take aprx. 6 weeks to arrive after they have been ordered. Orders may not be picked up unless they are paid in full.
PRINTED ORDER STORAGE. Orders will be kept for up to 6 months. We cannot be held responsible for an order past 6 months. We will attempt to contact you at least 3 times to the email or phone number on file, but after a year, if you have not made an attempt to come pick up your order, it may be destroyed. We are not responsible for changed phone numbers or email addresses. There will be no refunds for orders that have not been picked up. We cannot be held accountable for damage to orders that have been at the studio for longer than 6 months.
Refunds. When you pay your retainer, this holds your time with us. This is non-refundable. In the event of an emergency, the photographer may reschedule you at her discretion.
Additional Ordering Sessions. We do one complimentary ordering and viewing sessions as part of your package. A second Ordering session is $100.
IF YOU ARE BOOKING A HEADSHOT PACKAGE or PRODUCT PHOTOGRAPHY: By purchasing a digital download in high resolution, you are agreeing that these images are for YOUR company's useage (web, brochures, business cards, etc for YOUR company) and may not be resold. Files may be used for your own marketing and advertising. We ask that you cite JaxPhotographer.com as the photographer where possible.
A retainer is due upon signing to hold your session date and is non refundable. The remainder is due at the start of the shoot.
COVID-19 Release of Liability Form
Symptoms of COVID-19 include:
○ Shortness of Breath or Difficulty Breathing
○ New loss of taste or smell
○ Muscle pain
○ Sore Throat
○ Repeated shaking and chills
I agree to the following:
I understand the above symptoms and affirm that I, as well as all household members, do not currently have, nor have experienced the symptoms listed above WITHIN THE LAST 14 DAYS.
I affirm that I, as well as all household members, have not been diagnosed with COVID-19 WITHIN THE PAST 30 DAYS.
I affirm that I, as well as all household members, have not knowingly been exposed to anyone diagnosed with COVID-19 WITHIN THE PAST 30 DAYS.
I affirm that I, as well as all household members, have not traveled outside of the country, or to any city considered to be a "hot spot" for COVID-19 infections WITHIN THE PAST 30 DAYS.
I understand that Christy Whitehead Photography cannot be held liable for any exposure to the COVID-19 virus caused by misinformation on this form or the health history provided by each client.
Our studio is following these enhanced procedures to prevent the spread of COVID-19; however, the company cannot guarantee that you will not become infected with COVID-19. Further, attending a photoshoot could increase your risk of contracting COVID-19.
By booking a session with us, you agree to release Christy Whitehead Photography from any and all liability for the unintentional exposure or harm due to COVID-19. I understand the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 and accept sole responsibility for any injury to myself (including, but not limited to personal injury, disability, and death), illness damage, loss, claim, liability, or expense of any kind that I may experience in connection with my photo session. I hereby release, covenant not to sue, discharge, and hold harmless Christy Whitehead Photography, its employees, agents, representatives, and independent contractors, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Christy Whitehead Photography, its employees, agents, representatives and independent contractors, whether a COVID-19 infection occurs before, during, or after participation in the photo session. Christy Whitehead agrees to abide by these standards and affirms the same.
By booking a session with us, you agree to the terms stated in this agreement as well as the terms stated.