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Terms and Conditions

Last updated: May 5, 2022

When you purchase a session, you are agreeing to the following terms:

 

ENTIRE AGREEMENT  This agreement contains the entire understanding between Jodi Olson 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 and signed by all parties involved.

PAYMENT AND PRICES  All sessions require a $35 nonrefundable booking fee. Upon your purchase, Jodi Olson Photography will reserve the time and date agreed upon and will not make other reservations for that time and date. For this reason, the payment is non-refundable. The $35 booking fee does not include digital downloads or prints. Once the photos are ready the photographer will send a link to the client for purchases.

RESCHEDULING  Due to the time specific nature of this service, clients may not reschedule under any circumstance.

TORRENTIAL WEATHER  If the weather is torrential and the photographer determines that the shoot is not possible, the session will be rescheduled for another day.

PERSONAL CAMERA  Client may not bring their own camera or recording equipment to the session. If a camera is present, photographer will have to request that it be put away.

REQUESTED COVERAGE  Jodi Olson Photography will honor requested photographs but does not guarantee any specific photographs.  The photographer will work as fast as possible on preparing the client’s photos for purchase but please expect a possible 4-6 week turn around time.

ARTISTIC STYLE  Client acknowledges that she/he has viewed examples of previous work and is satisfied with the overall style of photography that is presented. Client understands that differences in locations, subjects, and lighting allows for variations in the final outcome of the session. There is no way to know how the photos will turn out from this endeavor simply because this is an event in the future. Furthermore, the photographer reserves the right to artistically interpret how to photograph a scene. This may mean that some shots are color, and some may be black and white.

All editing is done at the photographer’s discretion. The photographer reserves the right to refuse any additional edits requested. If the client wishes to request additional editing of images this is done at a separate fee starting at $20 per image.

Spray tan at your own risk. The photographer will not be held responsible for spray tan discoloration.

COOPERATION & PHYSICAL LIABILITY  All parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Photographer is not responsible for missed images due to any individual’s failure to appear or cooperate during the photoshoot. If there is any threat to the photographer or their equipment by any subject, photographer reserves the right to end coverage immediately with no further liability to finish the photoshoot, with no refunds given. Additionally, client is responsible for their own conduct and the conduct of all participants in the session. Any damage to equipment or studio components caused by the client are the sole financial responsibility of the client. Client agrees to hold photographer harmless for any injuries or damages sustained preceding, during, and immediately following the photoshoot.

Sessions will be conducted at a location agreed upon by the photographer and client. The photographer will not trespass or use any property/locations that is considered unlawful to do so. The photographer is bound by any rules in regard to private property or location. If the client wishes to shoot on private property, it is the client’s responsibility to obtain authorization from the owner of the property. The photographer is not responsible for hazards at the location and the client agrees to enter into the session at their own risk.

COPYRIGHT AND REPRODUCTIONS  The photographer owns the copyright to all images created during the session and shall have the exclusive right to make reproductions. The photographer maintains the right to make reproductions for the client or for the Photographer’s portfolio, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the photographer’s studio.

IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD   Client understands and agrees that they are not buying the image(s) but they are paying only for the license to use the image(s) as specified on the agreement. Note that buying the copyright to the image(s) will always be much more expensive than any licensing fee.

Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable, and non-transferable. Image(s) may not be used in a logo, corporate identity, trademark, or other service mark.

Copyright metadata contained within any digital file may not be altered or removed without the express consent of the photographer.

Unless otherwise agreed, photographer retains the right to use the image(s) for own self-promotion.

LIMIT OF LIABILITY    In the unlikely event that the photographer cannot perform this agreement due to a medical, natural emergency, or other cause beyond the control of the photographer, then the photographer shall return the deposit to the client but shall have no further liability with respect to the agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the photographer. In the event the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retail value of the client’s order.

INHERENT QUALITIES   Client is aware that color dyes in photographs and digital downloads may vary depending on which print lab they chose to use, and client releases photographer from any liability for any claims whatsoever based upon discoloration due to such inherent qualities.

PHOTOGRAPHIC INTEGRITY AND ALTERATIONS  Client will not make or permit any alterations including but not limited to filters, presets, additions, subtractions, or adaptions with respect of the image(s), alone or with any other material, without prior express permission of the photographer.

SOCIAL MEDIA   It is understandable that the client might want to post their new photographs on the internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. The agreement will serve to allow posting of low resolution or high-resolution photos to social media sites, only in the case that Jodi Olson Photography is credited and that the photos are NOT altered with filters, presets, or other altercations. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from internet images that Jodi Olson Photography has uploaded to Facebook or her website. The client and family members can purchase photographs that do not have the watermark on Jodi Olson Photography’s website. You are permitted to click the “share” button on any photos posted by Jodi Olson Photography on Facebook.

 

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