Terms and Conditions
For the purpose of the Terms and Conditions detailed below, “Client” shall refer to the party procuring the services and detailed on the first page of this document. “Photographer” shall refer to Jen Abraham Photography.
1. Exclusive Photographer. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the event. Guests, Family and friends of the Client shall be permitted to photograph as long as they shall not interfere with the Photographer’s duties.
2. Deposit and Payment. The Client shall make a 25% deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. Balance shall be paid in full during or before the event for the service to be provided. The deposit is not refundable if the Client cancels or changes the engagement. If the Photographer fails to appear at the place and time specified above, the deposit shall be refunded to the Client.
3. Picture List. The Photographer will do her best to accommodate any requests for specific photographs. However, there is no guarantee that all photographs on a request list will be provided. The Client 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, 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.
4. Preview. The images will be ready to preview within three weeks of the Bar/Bat Mitzvah. The images to be presented will be chosen at the photographer’s discretion and enhanced. Images will be previewed via online gallery. The client will receive a 40% discount on all additional product purchases.
5. Archive. All images will be available for ordering for 60 days following client viewing date. After one month, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond Photographer’s control.
6. Copyright and Reproductions. The Photographer retains copyright in the photographs, and hereby grants the Client unlimited but non-exclusive rights to use or reproduce the photographs for which the Client pays. The Client may purchase professional prints and additional media available at an online gallery posted by the photographer, and the Client will receive a custom flash drive with edited images. In all cases, Client shall fully understand that the Photographer is providing a non exclusive license to reproduce said digital images, but the Photographer will retain the official copyright to all images. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for newspaper announcement of the Bar/Bat Mitzvah, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall request that the newspaper run a credit for the Photographer adjacent to the photograph, but shall have no liability if the newspaper refuses or omits to do so. The newspaper may not sell the images.
7. Model Release.The Client hereby grants the Photographer the absolute and irrevocable right and unrestricted permission to use and publish photographs of the Client or in which the Client may be included. These photographs may be used, reused, published, and republished in any and all media including the Internet and print, and as stand-alone photographs for any purpose whatsoever, specifically including: restricted purposes of self-promotion, including advertising the Photographer’s business, in any manner and medium, to alter and composite the same without restriction and without the Client's inspection or approval, and to use the Client's name in connection with any use if she so chooses. The Client releases any right to inspect or approve the finished photographs or any end product derived from the finished photographs. The Client releases the Photographer from all claims and liability relating to any digital manipulation or alteration, whether intentional or otherwise, that may occur or be produced in the taking of the photographs, or in any processing or publication of the photographs.
8. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the retainer 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 or equipment malfunction, lost in the mail, or otherwise lost or damaged.