This contract is an agreement of terms and conditions with all photographic and offered services provided by JKC Captures. These Terms are binding and shall govern and agreement between “PHOTOGRAPHER” JKC CAPTURES and the “CLIENT(s) signing. 

Scope of work 

This contract is for services and products related to Product Session, Up to 2 hours for 2 Products, on a black or white backdrop and a minimum of 20 digitals. Session location will take place at  3117 Fite Cir #101 Sacramento, CA 95827 on 3/15/23 at 5PM

Retainer to secure your date is $15O 

Remaining balance of $349 is due by session start time.

PHOTOGRAPHER and CLIENT are to arrive for the session at 10 minutes early at provided studio location. For studio mini sessions/Holiday/themed the price includes one client. A fee of $25 will be charged for each extra participant for the session.

PHOTOGRAPHER agrees to provide no fewer the included amount of digitals for your scheduled session. Client gallery will be sent within 14 business days of session. Unless an earlier agreed upon date or number of images is decided and agreed upon both parties. RAW photos will NOT be delivered. PHOTOGRAPHER is not obligated to provide more than this number of images and will perform routine post-processing services on these photos before viewing and delivery.

Services.1 PHOTOGRAPHER will provide the Services as agreed with the CLIENT in writing. The CLIENT shall provide PHOTOGRAPHER with all necessary special information and instructions regarding the Services. Ex: special image and attire requests. PHOTOGRAPHER is not responsible for client attire choices, hair and make up, or any physical appearance out of PHOTOGRAPHER control. PHOTOGRAPHER shall use its best efforts to provide the Services in a timely and professional manner. PHOTOGRAPHER shall be entitled to make any changes to the Services that are necessary to comply with any applicable law or safety requirement.

PHOTOGRAPHER processes all images before gallery viewing. Upon viewing client gallery, CLIENT will have access to additional purchase packages with prints, digitals, wall art or a la carte ons. Add - on Packages on website outline what is included. CLIENT will be responsible for completing their order unless help is requested to ensure accurate image selection. Files must be downloaded after purchase within 7 DAYS of purchase through the link and not screenshotted to maintain upmost quality. PHOTOGRAPHER is not obligated to hold onto digitals after delivery. Packages will not be delivered until payment is received unless agreed upon prior. There will be an additional reasonable wait time for prints, and wall-art, which CLIENT must arrange to pick up from Photographer Studio in Sacramento, CA. (Usually within 30 days of order placement) CLIENT is responsible for shipping costs if pick up cannot be arranged. 

Images include basic edits to match PHOTOGRAPHER  style. This includes adding minor adjustments to lighting, color, detail and sometimes PHOTOGRAPHER or 3rd party presets. All editing will be aligned with previous work of PHOTOGRAPHER, and client agrees to view PHOtOGRAPHER style before scheduling the session. There will be an additional charge of $10 per image for extra fine tuning editing requests example not limited to removing a stain off clothing, photoshopping an eye or head swap, glamour eye pop, skin softening and fine tune editing. .

 

Indemnification 

PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment, or pose during the session though requests can be made here: If PHOTOGRAPHER is unable to perform the services in this contract due to any cause, CLIENT agrees to indemnify PHOTOGRAPHER for any loss, damage, or liability. 

CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability or loss related to technological failure, including data loss. 

CLIENT understands and agrees that PHOTOGRAHER is not required to maintain copies of the images from this shoot after images have been delivered to CLIENT. 

CLIENT agrees to hold PHOTOGRAPHER harmless for any personal or emotional injury resulting from session. CLIENT knows their limitations and physical condition of what images can realistically be captured without participant harm or injury. 

DUTY OF CLIENT

CLIENT will respect studio and property on site. Client understands that they must provide their own child supervision and have another adult for assistance if they need. Children may not be left unattended in the lobby. Client understands that they are allowed to have refreshments or snacks provided in the waiting area at their own risk. Sessions at studio give not only JKC Captures, but also Seasons Studios permission for image usage on studio business platforms for marketing purposes. 

EXCLUSIVE PHOTOGRAPHER

CLIENT understands and agrees that no other photographer or person taking images of any poses with cell phones or professional gear of lighting situations, poses, set ups, or any part of session is permitted. 

CLIENT agrees that no other photographer or person will alter JKC Captures images after delivery this is included to photoshop, adding filters, and cropping. 

Late Or No Show Policy PHOTOGRAPHER will wait no longer than 5 minutes from CLIENT session start time. Please arrive promptly and communicate if you will be late. At session start time, photo capturing will begin. CLIENT session time is the start time- be prepared in attire with everything needed on hand for your session. If CLIENT is more than 5 minutes late, the retainer and booking fee will be forfeited and unable to go towards a future session.

Fees The CLIENT shall book the Services in advance by contacting PHOTOGRAPHER or via website scheduling. A retainer is required to secure the booking and the session will not be reserved until payment is received. If there is a remaining balance, this is due before by start time of session. Any add on packages or products will be due gallery viewing and will be collected during the ordering process. Prices are outlined on the website prior and at time of purchase. Prices of packages are subject to change overtime and may not be the same price as your previous session or package purchase. CLIENT does not have an obligation to purchase a package, if CLIENT is unhappy with images no purchase or download is necessary. 

Cancellation and Refund Policy 4.1 If the CLIENT cancels the booking within 5 days of session, the retainer will not be refunded, and services will not be rescheduled. If CLIENT cancels the session more than 5 days before, the retainer will be transferable to another date based on availability of PHOTOGRAPHER. This rescheduling is allowed one time. If CLIENT cancels second scheduled session the retainer will not be returned or applied on future booking. If PHOTOGRAPHER cancels the booking, the session WILL be rescheduled. If the Services are cancelled on the day of the photo session due to circumstances beyond the control of the PHOTOGRAPHER (such as bad weather), the PHOTOGRAPHER shall offer to reschedule the photo session. If CLIENT cannot reschedule within 6 months of original session, funds may be forfeited. 

If CLIENT cancels a giveaway session at any time, the session will not be rescheduled. Time and energy are strategically put into these giveaway sessions for business and marketing purposes and may not be rearranged. Space is also previously secured and scheduled to secure our giveaway sessions, so to be respectful to others involved we are unable to be flexible. PHOTOGRAPHER will keep a list of clients who wish to participate in future model calls for business and marketing and can reach out to you if needed. 

For giveaway sessions CLIENT agrees to  PHOTOGRAPHER specifically using CLIENT gallery for special business and marketing purposes. CLIENT is asked to support PHOTOGRAPHER by inviting all their social media friends to like and follow, tagging PHOTOGRAPHER in social media posts, and sharing posts by PHOTOGRAHER. This helps PHOTOGRAPHER benefit from your session and expand for new clients allowing to stay in business. 

Copyright and Use of Images The CLIENT shall not reproduce, sell, license, or otherwise use the images for commercial purposes without the prior written consent of the Studio. CLIENT holds printing rights of purchased digitals for personally printing although for best quality are recommended to print with PHOTOGRAPHER.

Model Release Agreeing to this contract and any session with PHOTOGRAPHER allows employees of Photographer and associated studio to use session images for business purposes, marketing, publishing, and advertising. This may include and is not limited to social media pages, websites, and printing. If you do not consent to PHOTOGRAPHER’s use of images you must let PHOTOGRAPHER know at time of booking. 

Liability The PHOTOGRAPHER and/or Studio shall not be liable for any loss or damage suffered by the CLIENT as a result of the Services, except in the case of death or personal injury caused by the negligence of the Studio. PHOTOGRAPHER shall not be liable for any loss or damage to CLIENT or property belonging to the CLIENT or any third party. CLIENTS are responsible for the safety and supervision of their children and company. PHOTOGRAPHER will not be responsible for children injuries due to lack of supervision from guardians. CLIENT must bring guests to help supervise children not being photographed during the session. Unphotographed subjects must refrain from interfering with the session. PHOTOGRAPHER will not extend session time due to sibling or family interference. 

Governing Law These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which PHOTOGRAPHER is located.

Entire Agreement These Terms represent the entire agreement between the PHOTOGRAPHER and the CLIENT and supersede all prior agreements, understandings, and negotiations between them.

By accepting these Terms, the Client acknowledges that they have read and understood these Terms and agree to be bound by them.