It is understood that Jacey Vermeersch (“Photographer”) is the exclusive, official photographer retained to provide the photographic services requested on this contract.

The Photographer reserves the right to use the negatives and RAW files, as well as any edited/manipulated reproductions of the photographs for advertising, display, publication, or other purposes, not excluded from the web, social media (Facebook, Instagram, Twitter, Pinterest, etc), business cards, or posters.

Image Delivery, Revisions, and Rush Editing

The Photographer will only deliver edited images to the Client and will not provide the original form of the photograph. This includes the negatives and RAW files. The Photographer retains the right to omit any image, and it is understood by the Client that not all exposures will be delivered. Client agrees to abide by the Photographer’s editing decisions. The Photographer will not provide the photographs until the balance is paid in full by the Client.

When the photographs are delivered, the Client has up to 60 days to request any changes or editing. Suppose Client is unsatisfied with the images for any reason due to circumstances that are not controllable by the Photographer (ie. weather, body image, hair, clothes, etc.). In that case, the Client may reschedule and pay for another session.

Revisions and requests are subject to an additional fee due to time, resources, and expertise of the Photographer. The Photographer will make the decision, based on the request, whether to charge per image, an hourly rate, or a flat fee. Advanced retouching may be sourced out to another professional, where the Client pays their rate. These prices will be paid in full by the Client before proceeding, and is non-refundable.

Completion of post-processing duties may take 2-4 weeks to deliver, after final payment is made.

RUSH FEE for editing: within 24 hours is $400, and within 5 days $80 if you would like to have your photos back sooner than the estimated date.

Digital Delivery, Print Release, Backup Responsibility

The Client will receive photographs on a digital platform to download and alongside will be provided a print release form for personal use. This allows the Client to print and use photographs on the web, social media, or email.

Client understands that when publishing the photographs online, i.e. a personal website, social media, etc., Client will not edit or manipulate the photograph in any regard. This includes editing a watermark, cropping, filters, additional editing, retouching, etc.

Client is responsible for making a backup of all photos from the digital download. The Photographer will make every attempt to keep archival copies of the photographs but does not guarantee that they will be retained indefinitely.

DIGITAL IMAGE AND PRINTS — TERMS OF USE

The Client may not reproduce the album or files in any way. The album is only for the Client who has the authority to print photographs (as noted in the print release). The Client may not edit or manipulate the photographs in any way.

This includes but is not limited to, removal of watermarks, cropping, or using filters. Printed photograph quality will depend on where it is printed, and the Client may print at the professional photo lab of choice (excluding the right to print at one-hour labs at supermarkets and pharmacies). Photographer highly recommends using the print store provided with the online gallery. These will ship in 3-4 business days.

If included and consulted with the Client, there may be an additional ‘web’ folder where photographs are resized and sharpened for web viewing (i.e. Facebook, Instagram). The Client should not print these files. These files should be solely used on the Internet (i.e. web, social media, email, etc.).

Photographs may only be used for advertising (modeling, headshots, etc.) for an additional fee. Credit to Jacey Vermeersch must be given for the photograph. Photographs may not be entered in photo contests without expressed permission from the Photographer. An additional fee may be required for use.

Cooperation, Respect, and Liability

Client shall assist and cooperate with the Photographer to obtain desired photographs. The Photographer shall not be responsible for the photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation. The Client and other parties being photographed will be respectful to the Photographer. The Photographer has the right to end the session, without refund, if there is a lack of cooperation or respect.

Client will not hold the Photographer or the owner of the property liable for any injury that may occur during the session. In the event the Photographer files a suit to enforce any term or condition herein, the Photographer is entitled to expenses of litigation, including reasonable attorney fees.

Pricing, Payment, Tips, and Cancellation

The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect—at the time the order is placed.

Client shall give a non-refundable retainer of 50% of the booking price or the package deal when the date is confirmed. Final payment is due on the date of your session before you will receive your photos. Late payment will incur an additional $25 fee per day. You will receive your photos within 2-4 business weeks after your final payment is made. 

Tips are appreciated, but not required.

Client understands and agrees that the Photographer will not book other sessions during this time. If Client cancels the portrait session or fails to attend the session on the Session Date, for any reason, the Photographer shall suffer losses that are difficult to ascertain. As such, Client agrees that, in the event of cancellation by Client, the non-refundable retainer shall be forfeited by Client, and paid to Photographer as liquidated damages and not as a penalty. Client and Photographer agree that such amount is reasonable. Prices and policies are subject to change without notice.

By paying the non-refundable retainer, you have read the Fine Print and Policies and are in agreement.

FOR ALL SESSIONS (NOT INCLUDING WEDDINGS AND EVENTS)

Photographer understands weather, illness, or other reasons that may cause the Client to reschedule a session. Client will not be charged a penalty when rescheduling a session as long as the Client provides 24 hours' notice. Client may reschedule the session, at the convenience of the Photographer, without being charged a fee. If the Client does not show up to the session or fails to reschedule within 24 hours, Client will incur a $50.00 reschedule fee at the discretion of the Photographer. The Photographer may reschedule without penalty. 

TRAVEL

Travel within the area is included in the session fee. A travel fee for sessions outside of the immediate city may be added to the cost of this Contract. Travel fees are based on mileage, to and from the location, and may change as necessary. All travel fees, including gas and tolls, must be prepaid. Parking fees will be added to the final cost of the session.

NOTICE OF COPYRIGHT:

It is illegal to copy or reproduce these photographs without the Photographer’s permission, any violators of the Law will be subject to its civil and criminal penalties.

Photographer retains the copyright to the photographs. Printing and/or distribution rights are granted as noted above in, “Digital Image and Prints - Terms of Use.”

All retainers and payments are non-refundable.

This Contract incorporates the entire understanding of the parties. Modification to this Contract must be in writing and signed by both parties.

RELEASE AND WAIVER OF LIABILITY

I, HAVING AGREED TO ACT AS A MODEL, HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THIS ACTIVITY OR EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems, which preclude my participation in this activity or event. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity or event in which I may participate and that it will govern my actions and responsibilities at said activity or event. In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

A. I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the ordinary negligence of the provider or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event, THE FOLLOWING ENTITIES OR PERSONS: Jacey Vermeersch and/or their owners, directors, officers, employees, volunteers, representatives, insurance carrier, and agents, the activity or event holders, activity or event sponsors, activity or event volunteers;

B. I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in the above paragraph from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence of such entities or persons or otherwise.

C. I acknowledge that Photography by Jacey Vermeersch and their owners, directors, officers, employees, volunteers, representatives, insurance carrier, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of Jacey Vermeersch Photography.

D. I acknowledge that this activity or event may involve physical activity, and may carry with it the potential for death, serious injury, and property loss. I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during this activity or event.

E. I understand that at this event or related activities, I may be photographed.

F. I acknowledge that flash photography or strobe lights may be used during this event or activity.

G. I agree to allow my photo, video, or film likeness to be used for legitimate purposes by the event holders, producers, sponsors, organizers, and assigns. The accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

H. I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL VIA INVOICE PAYMENT.