Julie Jay Images Contract

Photographer: Lesline Mullings of Julie Jay Images.

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You, the client, hereby grants Julie Jay Images, its legal representatives, assignees, and those acting under its authority permission to copyright photographic portraits or pictures of the Client (the "Pictures"), and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which the Client may be included in whole or in part, or composite. Copyright permission includes use of images for advertising, website or social media, unless denied  permission from you, the client.  

NON-REFUNDABLE RETAINER: A $100 retainer is required to book the session and secure the date. The deposit is deducted from the total of the session. In the event that the Client(s) cancel the session for whatever reason the booking fee/retainer is non-refundable. It will be considered as liquidated damages to photographer. The non-refundable retainer is due at the time of booking or signing this agreement. 

PAYMENT: Payment is due in full before the session begins in either cash or via PayPal or Zelle. If products are part of any order, none, including previews, will be delivered until balance has been paid in full. Payment for prints, if ordered through Julie Jay Imsgrs, is required in full at the time of placing a print order. Prints will not be ordered until payment is made. You receive full print rights with your digital images. Payments for extra images outside of package is required before selected images are edited and released. 

RAW Photographs: RAW or Unedited photographs cannot be purchased.

CONFIRMATION: A signed “Photography Services Contract” and payment of the non-refundable retainer are necessary to confirm the stated portrait services and date from the Photographer.

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COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Julie Jay Images is not responsible if key individuals fail to appear or cooperate during the session, or for missed images due to details not revealed to Julie Jay Images. Clients understand that children and babies can be unpredictable and it is the expectation that the photographer will try their best to capture the best images of the baby but smiling pictures are not guaranteed.

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SESSION CONDUCT & SAFETY: Only session participants may be present at the session unless otherwise agreed by Photographer. If session participant is a minor, a parent or guardian must be present. The use of personal cameras, including cell phone cameras, during the session is prohibited. The Client and Photographer shall treat each other with respect. The Photographer is not responsible for cancelations due to weather conditions, scheduling complications, shortening of session time due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. If at any time the Photographer feels threatened (verbally or physically) or otherwise unsafe, Photographer reserves the right to terminate the session. Client assumes full responsibility for their own safety and that of their family members/fellow session participants during the session.  Photographer is not liable for any injuries that may occur during a photography session, regardless of location. The Photographer cannot be held responsible for damage to garments due to environmental events. Client is responsible to arrange personal assistance for garments. Client shall release Photographer from any claims against their person or business.

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The photographer (Lesline Mullings) is not responsible for any reaction the client, child, or baby has to the provided cake. In the case of known allergies, clients are required to provide their own cake with no reduction of session price. 

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COPYRIGHT AND REPRODUCTIONS: The photographs produced Julie Jay Images are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any matter without Julie Jay Images written permission. Any reproduction, display, distribution and/or use of the copyrighted images for advertising or commercial use shall be allowed only upon Julie Jay Images written permission specifying usage and fees. If the Client purchases digital files from Julie Jay Images the Client may not edit, add filters, or modify said images in any way. The purchased images are for personal use only including printing, copying, emailing and for personal use on the internet. Violators of this federal law will be subject to its civil and criminal penalties.

CREATIVE LICENSE: Themes, backdrop and arrangements of props will be designed according to the photographer's taste and style. Photographs will be edited in the Photographer's usual editing style and Client hereby relinquishes any right that he/she may have to request major editing changes to the finished product or products, digital or printed. Client waives any publication right he/she might be entitled of in connection with the Pictures, with the exception of the personal use of the pictures and as part of personal modeling portfolio. Client agrees he/she has no right to sell, license, publish, or use for marketing, any of the pictures to any person or entity.

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 SELECTING IMAGES: Images included in the package to be edited must be selected with 48 hours of receiving the link to the proofing gallery. After 48 hours the proofing gallery will be removed and there will be a $50 fee to reupload the proof images.Payment for additional images outside of the number included in the package must be sent Immediately. If payment is not received in 24 hours after favorites list is submitted, the photographer reserves the right to select and edit the number of images included in the package. 

Images are edited at Julie Jay Images’ sole discretion. Julie Jay Images reserves the right to use professional judgment to select which photos to deliver and edit. Such selection shall constitute all images that will be made available to Client and all others will be purged. All editing will be done as a natural enhancement, the photographer will not edit any images that conflicts with the Photographer’s morals or editing style. Digital Images will be delivered within 3 weeks of photography session when paid in full and print /product orders delivered within 4 weeks after payment. Additional images/products may be purchased based on Julie Jay Images’ current pricing.

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ORIGINAL PHOTOGRAPHS: Original photogaphs are not included, only edits. The Photographer retains the right to edit the photographs and omit any image. It is understood that the Photographer will not deliver every exposure taken. Client agrees to abide by Photographer’s editing decisions.

ADDITIONAL EDITING: Only natural editing consistent with the Photographer’s style will be delivered. Additional editing can be done for $30.00 USD per image.

NON-DISCRIMINATORY POLICY Julie Jay Images does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of services. We are committed to providing an inclusive and welcoming environment for all members of our staff, volunteers, subcontractors, vendors, and clients.

INHERENT QUALITIES: Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media, which may deteriorate due to delimitation and oxidation. Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. It is recommended that all images be backed up in a safe place.

Julie Jay Images is not responsive for quality of print not placed through Julie Jay Images.

DISPUTES: In the event of a dispute, Client or the prevailing party shall pay all court costs, the Photographer’s legal fees, and expenses, and legal interest on any award or judgment in favor of Photographer.

ATTORNEY FEES: If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

ARBITRATION: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $350. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

LIMIT OF LIABILITY: The Client further releases Julie Jay Images, its parent company, subsidiaries, affiliates, officers, agents, servants, or employees (“Releases”) from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting the Client to conspicuous ridicule, scandal, reproach, scorn and indignity. Client also waives any and all claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by Client, or any of the property belonging to Client, whether caused by the negligence of the release, or otherwise, while performing the photography session, or while in, on or upon the premises where the photography session was performed. In the unlikely event that the Photographer cannot perform this Agreement due to any act of God, a casualty, weather event, act or event that is outside of Julie Jay Images’ exclusive control or due to the Photographer’s illness. Julie Jay Images’ responsibility and liability is limited to the return of all payments received. This limitation on liability shall also apply in the event that photographic materials are damaged, lost through camera or computer malfunction, or otherwise lost, in the mail or other, or damaged without fault on the part of Julie Jay Images. In the event Julie Jay Images fails to perform for any other reason Julie Jay Images shall not be liable for any amount in excess of the paid retail value of the Client’s session or product order.

This Agreement incorporates the entire understanding Julie Jay Images and the Client. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.

The State of New York governs this agreement.

It is the express intent of the Client that this document shall bind all members of Client’s family, heirs, assignees and personal representatives.

The Client represents that he/she is 18 years or older, and this release was willingly signed.

Booking the session consents that I have read the above policies and model release and agree to all the terms and conditions set forth there.