We hate that our contract is so long, but these clauses were caused by instances of lack of expectation in the past, so in reality, I’m ok with it being long now due to CLEAR expectations being agreed upon (for both parties).
At the bottom of this page, we had Chat-GPT summarize it in short for you folks that do not like to read. You really SHOULD read it and understand it.
Full Contract
1. Clients shall reimburse the photographer for any additional costs the photographer may incur for travel, meals, parking, and other costs noted in the initial booking link (if applicable).
2. If the photographer fails to appear at the place and time specified in this booking, a full refund shall be issued to the client. Additionally, the client acknowledges that the photographer is on active duty in the Air National Guard, works shift work, and that mission needs come first and is subject to last-minute changes at a moment's notice. The photographer will fully refund the client if the military mission interrupts photographic services. The client acknowledges that military orders are not optional, they are mandatory.
3. Retainers are non-refundable and are required to secure our appointment. The retainer covers the guaranteed time and services rendered, including scheduling, consultations, and processing fees. In the event of inclement weather, the retainer can be applied to reschedule within one year. However, retainers cannot be refunded or used to reschedule due to subjective and preferential dissatisfaction with weather conditions. Multiple retainers are required for multiple days/times. One rescheduling pass is allowed for life/limb emergencies, provided it is communicated ASAP. A retainer payment is necessary to confirm an appointment, irrespective of whether a contract has been signed.
4. In the event of inclement weather that poses a safety risk, the photographer and the client will collaborate to reschedule the session to a mutually convenient date or time. If rescheduling is not feasible, the photographer will issue a refund for photography services (excluding the non-refundable retainer). Please note that weather conditions, such as cloud formations, atmospheric factors, or natural lighting, apart from inclement weather, are not considered valid reasons for cancellation, rescheduling, or refund requests.
5. The photographer will deliver the digital JPEG files within three days after the photoshoot (or one month after final payment for weddings). In the event of any unforeseen delays caused by circumstances like illness or emergencies, the photographer will notify the client and provide a new timeline. The client is responsible for promptly downloading the photos unless basic edits are required. It is the client's responsibility to review the gallery and communicate any basic editing requests before downloading as soon as possible. By downloading the photos without requesting basic edits, the client indicates satisfaction with the photos, and the transaction is considered final. Online galleries are typically available for a year but may be removed earlier due to space constraints. If there are significant delays that cannot be resolved, mediation or legal assistance can be pursued.
6. The photographer, at their professional discretion, selects the best photos from the session, considering factors such as composition, lighting, and overall quality. This ensures timely delivery of the final product and maintains the photographer's commitment to excellence. Clients are encouraged to trust the photographer's expertise in curating the final collection. Should clients have any specific preferences or concerns, it is recommended to discuss them with the photographer before the selection process begins, or (at the latest) before downloading.
(a). “Choice Select” Option:
(i) The "Choice Select" option is available to clients for an additional fee of $100, granting them the right to select their preferred images from the session.
(ii) Clients must complete their selection (by tagging as favorites) within three days post-session to align with the photographer’s established editing schedule.
(iii) The fee permits selection of a set number of images included in the session package. Selections beyond this are billed at $20 per additional image.
(iv) Should the client not exercise their selection rights within the three-day period, the photographer will select the images to maintain the agreed turnaround time for delivery.
7. Clients shall assist and cooperate with the photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the photographer’s direction; providing a person to guide the photographer to desired persons and/or scenes; pre-shoot consultations, etc. The photographer shall not be responsible for photographs not taken as a result of the client’s failure to provide reasonable assistance or cooperation.
8. Clients are responsible and liable for personal situational awareness and safety, even though the photographer will guide/aid clientele in the safest manner possible.
9. The photographer and the client must maintain clear and consistent communication through email, social media, texting, or phone calls to facilitate efficient bookings and reservations. If any verbal or contracted deadlines or expectations are exceeded, it is expected that the client will contact the photographer. Please be aware that the photographer has other full-time employment in addition to peak photography booking throughout the year. However, when prompted by the client, the photographers will prioritize completing overdue work. Both the client and the photographer are expected to respond to each other's messages within 24 hours, preferably sooner, especially on the day of the scheduled appointment. On the day of the appointment, correspondence will be within 1 hour.
10. The photographer retains the copyright of the photos and grants the client unlimited, non-exclusive rights to use and reproduce the photos for which the client has paid. The client acknowledges that they do not have the copyright to the photos and cannot authorize other businesses to use the photographer's photos without prior written authorization from the photographer.
-This clause serves as the client's print release.
11. Any drone footage/usage (if requested) is considered "recreational" in purpose, and not commercial in any way. To clarify further, it is considered "for fun". Any drone usage will require an equipment fee of $100.
12. Editing Policy:
(a) The client agrees not to modify or edit any of the photographer's photographs, including applying filters or cropping, on social media platforms or any other medium.
(b) The photographer will provide basic edits to the photographs, including adjustments to highlights, shadows, exposure, and occasional removal of minor background objects/people/blemishes, if feasible, as part of the session fee.
(c) Basic editing revisions are included in the session fee and cover one round of revisions as per the client's request.
(d) Any additional editing requests beyond basic edits, such as head swaps, makeup application, altering body proportions, or enhancing physical appearance, are considered extraneous and may incur additional costs based on time and complexity (if accepted).
13. The client acknowledges viewing the past work of JoJo’s Foto’s before the scheduled shoot and understands the unique style and look that is mostly produced. Also, the client has discussed in-depth with the photographer the desired product. If no expectations are relayed, the client acknowledges trust in the experience of the photographer to produce their regular product.
14. The client grants the photographer rights to use their photos for marketing/advertising purposes. This includes any family members under the custody of the client in the photos (social-media exclusion can be mutually agreed, upon request). Anyone photographed with the client has given verbal permission to the client to agree to this clause (along with the other clauses).
15. The photographer does not approve of any laws being broken during any photo session. Common examples of this are bringing dogs to a beach where dogs are not allowed, entering the water during double red flags, bringing alcohol on Panama City Beach beaches during March, starting a fire on the beach without a permit, breaking and entering, etc. Any laws violated by the client are not endorsed by the photographer, and any fine the photographer may receive due to the willful ignorance of the client will not only be reimbursed by the client but the client will also be invoiced a $500 inconvenience fee, on top of any legal fees incurred in the defense of the photographer.
16. The photographer is not responsible for factors such as fly-away hairs, hairstyles, blemishes, sunburn, tan lines, choice of clothing, squinting or blinking, eyewear, hats, distractions, or any other preferences that could have been addressed before the photoshoot. It is acknowledged that the photographer is not responsible for eliciting specific expressions or ensuring that individuals are looking at the camera. Any reasonable preferences for editing should be communicated to the photographer in written format (e.g., message, email, text message) before the editing process begins.
17. The photographer is not accountable for weather conditions, including cloud formations, sunset/sunrise, atmospheric conditions, natural lighting, barometric pressure, reflections of light, visual anomalies, or light flares. None of these factors are valid reasons for canceling an appointment, rescheduling, or requesting a refund.
18. The client is responsible for downloading their digital JPEG files from the online gallery within 30 days of the delivery date. While the photographer will make reasonable efforts to keep the online gallery accessible during this period, the client acknowledges that galleries may expire due to storage limitations. If the gallery is removed or expired, a re-upload fee of $100 will be charged for the client to regain access. It is recommended that the client promptly download and backup their photos for long-term preservation. The photographer is not liable for any loss or damage to the photos after the initial delivery unless otherwise agreed upon in writing. The final photographs will be delivered to the client in a high-resolution digital format (JPEG) via an online gallery and digital download link.
19. The client agrees not to make any negative commercial comments about the photographer or the photography company. If dissatisfied, the client will discuss the issue with the photographer or photography company directly. Legal action should be pursued if a mutual resolution cannot be reached, instead of resorting to negative commercial comments. Both parties pledge not to engage in negative commercial comments or reviews about each other, including internet reviews.
20. The photographer is not responsible for how individuals perceive themselves or others in the photographs. The photographer's role is limited to capturing and delivering the images.
21. The client authorizes the photographer to charge a $100 inconvenience fee to their debit/credit card if the client cancels or reschedules within 24 hours of the original appointment time, including no-shows.
Applicable Law
This contract shall be governed by the laws of the County of Bay in the State of Florida and any applicable Federal laws. Any mention of the Air National Guard is purely biographical in nature, and the ANG, USAF, or DOD are not accountable for this contract in any way.
Chat-GPT Summary
Summary of Terms:
Clients are responsible for reimbursing the photographer for additional costs related to travel and other specified expenses.
If the photographer fails to appear, a full refund will be issued. The photographer's military duties take precedence, and refunds will be provided if military missions interfere with photography services.
Retainers are non-refundable and cover guaranteed time and services. Inclement weather may allow for rescheduling within one year, but retainers cannot be refunded based on weather conditions.
Rescheduling due to inclement weather is possible, but other weather conditions do not qualify for cancellation or refund requests.
The photographer delivers digital files within a specified time frame. Clients should promptly download and review the photos. The transaction is considered final upon downloading. Online galleries may be accessible for a limited time.
The photographer has the discretion to select the best photos. Clients are encouraged to trust the photographer's expertise.
Clients should cooperate with the photographer during the session to ensure desired photographs are captured.
Clients are responsible for their safety during the session.
Clear and timely communication is expected between the photographer and client.
The photographer retains the copyright of the photos but grants the client non-exclusive rights for personal use. Authorization is required for others to use the photos.
Drone usage incurs an additional equipment fee.
The photographer provides basic edits, and additional editing requests may have extra costs.
Clients should be familiar with the photographer's style and communicate preferences.
The photographer has rights to use photos for marketing purposes.
Clients must abide by laws during the session, and any violations may result in reimbursement of fines and an inconvenience fee.
The photographer is not responsible for certain factors or preferences that could have been addressed before the shoot.
Weather conditions or natural phenomena are not valid reasons for canceling or requesting a refund.
Clients must download their digital files within the specified timeframe. The photographer is not liable for loss or damage after delivery.
Negative commercial comments should be avoided, and disputes should be resolved directly.
The photographer's role is limited to capturing and delivering images.
Cancellation or rescheduling within 24 hours may incur an inconvenience fee.
The contract is governed by the laws of the County of Bay in the State of Florida, and the military entities mentioned are not involved in the contract.
Please note that this is a summary, and it is always recommended to review the full contract for complete understanding.
Condensed Summary for Lazy Readers:
Clients pay for additional costs and cooperate with the photographer.
Retainers are non-refundable but can be applied to reschedule due to inclement weather.
Photos are delivered digitally within a timeframe.
Photographer selects the best photos based on expertise.
Clients should communicate preferences before the shoot.
Clients promptly download photos; photographer not liable for loss or damage.
Avoid negative comments and follow laws during the session.
Cancellation/rescheduling within 24 hours may incur a fee.
Photographer retains copyright, grants non-exclusive rights for client's paid photos.
Editing limited to basic adjustments; additional editing may have extra costs.
No modifying or editing photos without permission.
Contract governed by laws in Bay County, Florida. Military entities not involved.
Again, please refer to the complete contract for detailed information on print rights, copyright, and editing policies.