Legal Stuff & Translation
Terms and Conditions
This agreement is between JBR Photo (hereafter “Photographer” “the Photographer” or “Photography Company”) and the addressee, hereafter referred to as “CLIENT”.
Translation: Let's make some awesome photos together!
This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at the time and place indicated on the invoice. The client’s payment of this invoice, or any part thereof, constitutes agreement with the terms below:
Translation: Once you make a payment, you are agreeing to everything below.
1. Deliverables: PHOTOGRAPHER agrees to provide no fewer than 5 photos (not applicable to wedding photography) for CLIENT to view after the shoot, and will make every effort, but is not required to provide more than this number of images. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary. The photographer is under no obligation to deliver any photos to the client which, in the photographer’s sole discretion, do not meet quality standards.
Translation: I will be taking lots of shots. I will deliver at least 5 fully edited images and I won't send you any images that don't make the cut (does not apply for weddings).
2. Fees: In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the TOTAL indicated on the invoice. A non-refundable down payment of 30-50% of the total fee for the shoot will be required to reserve the date and to consider the shoot as “booked”. The remainder of the fee is due one day before the shoot. Alternative arrangements can be made if agreeable to the photographer and documented in writing.
Translation: I will need a downpayment to reserve the date for you. The remainder is due before the shoot. But I'm flexible, so let me know if you need to make special arrangements.
3. Work Product: PHOTOGRAPHER will deliver retouched digital photos to CLIENT via Downloadable Online Gallery no more than 14 days after the date of the SHOOT. RAW format files will not be provided to CLIENT under any circumstances. All photos delivered to CLIENT are licensed for CLIENT’S personal use only, but are not to be altered. Photographic prints can be ordered but are NOT included in the price of the shoot.
Translation: I deliver your photos via online gallery. I will not provide original RAW format files. Photos I send to you are for your personal use. Print them, post them, or send them to grandma, but PLEASE don't alter them before you do(i.e no IG filters, weird cropping, etc.)
4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.
Translation: I'm open to trying any poses or settings you suggest but you can't sue me if it doesn't turn out perfectly like you envisioned.
4.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.
Translation: If something goes wrong that's out of my control, you can't sue me, but I will give you your money back or reschedule the photoshoot at no extra charge..
4.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
Translation: If my camera or something else fails and I can't deliver your photos, you can't sue me, but I will return your money or reschedule the photoshoot at no extra charge.
4.4 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 30 (thirty) days after the photos have been delivered to CLIENT.
Translation: I'm not obligated to keep all your photos for longer than 30 days (but I probably will...in case you need them later)
4.5 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT or model poses or works with PHOTOGRAPHER.
Translation: If you hurt yourself during the shoot, it ain't my fault.
4.6 – PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
Translation: I will deliver the best product I can for you, it may not be what you've seen other photographers do. We all have our own style.
5. Duty of Client - CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of reception centres, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevents the photographer from photographing the event(s) is not the fault, liability, or responsibility of the photographer.
Translation: You, the client, need to get permission to shoot where we're shooting (if permission is needed). You pay any fines that are incurred if you don't get permission.
6. Exclusive Photographer - CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.
Translation: You are hiring ME to take photos. Do not permit other "photographers" to invade my shoot.
7. Model Release - Unless expressed to the photographer in writing prior to the shoot, CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or advertising.
Translation: If your photos turn out great (and I believe they will), I may post them on the JBR Photo website, Instagram of Facebook accounts. If you don't want me to do this, tell me in advance. Please take note of this if you are having photos take of children in special situations (e.g. Foster Children).