Terms and Conditions

 

When booking a session, you agree to these terms of service upon paying your booking retainer fee.  Any trade work agreed to by the photographer and another vendor is still subject to these terms and conditions.

Welcome:

Thank you for booking me for your editorial / commercial assignment. When I receive this electronically signed document, the assignment will be booked and arrangements will be made for the date stated below. I can't wait to work with you and I look forward to shooting for your company!

Definitions:

This Agreement is between Jay Skorupski (“Photographer”) and [You] (“Client”) which includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor.

 “Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analog, photographic, optical, electronic, magnetic, digital, or any other, media.

 

Cancellation Policy

50% retainer at the time of booking, 50% remainder due at time of photoshoot.

Payments may be made by PayPal, Apple Pay or Credit Card upon receiving an invoice. Additional cancellation details below. 

If notice of cancellation is given less than three (3) business days before the shoot date, Client will be charged 50% fee. Client is also responsible for payment of all shoot-related expenses incurred by Photographer up to the time of cancellation.
For cancellations or postponements required other than inclement weather which is addressed below, or the fault of a third party, Photographer will charge no additional fee, but Client will pay any and all applicable expenses incurred by photographer related to the assignment, up to time of cancellation.

Real Estate Sessions require a 100% payment at the time of booking. Any additional fees: mileage (billed state rate), additional square footage, needs specified by Client, etc will be billed after the session is complete. Final payment due on receipt.

Extension Policy

Hours may be extended with mutual consent. The possibility of an extended day should be discussed beforehand. The package hourly rate will apply.

Payment Policy

50% non-refundable retainer at the time of booking, 50% remainder due at time of photoshoot unless otherwise noted. Payments may be made by Cash, PayPal, Apple Pay or Credit card.

Real Estate Sessions - require a 100% payment at the time of booking. Any additional fees: mileage (CT state rate), additional square footage, needs to be specified by Client, etc will be billed after the shoot is complete. Final and remaining payment due on receipt.

License Policy

Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified on this Agreement. 

The term of license begins from the date Photographer receives full payment of invoice and upon delivery of images.

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

The use of any Image(s) by Client will not constitute a work of joint authorship.

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

Unless otherwise agreed, Photographer retains the right to use the Image(s) for his self-promotion.

To discuss full ownership of said Image(s), please contact Photographer 

Photographic Integrity and Alterations

Client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of the Photographer.  

Portrait sessions include editing which consists of changes to the color, crop, contrast, & exposure at the photographer's discretion. Portrait sessions do not include retouching.

General Liability and Releases

Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).

Client will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).

Photographer is not responsible for obtaining model, property, trademark, copyright, or any other releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.

Should Photographer agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release.

 In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.

Credit Line & Copyright Notice

Placement of a credit line or copyright notice is required when posting the images on the internet. If a credit line or copyright notice is required but not actually provided, Client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.

Releases

All permits and permissions required for the Photographer to photograph the event, whether for location, personal release or any other cause, are the responsibility of the Client to obtain.

Reshoots

Client will be charged 100% fee and expenses for any re-shoot required by Client. For any re-shoot required because of force majeure, (other than inclement weather which is addressed below) or the fault of a third party, Photographer will charge no additional fee and Client will pay all expenses. If Photographer charges for special contingency insurance and is paid in full for the shoot, Client will not be charged for any expense covered by insurance. A list of exclusions from such insurance will be provided on request.

Failure to Perform

If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfill his obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.

This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.

Archiving Digital Files

While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client. 

Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.

All digital files created by, or on behalf of, Client that contain any Image(s) will be deleted or destroyed within ten days after the expiration date of license.

Any requests for the photographer to reproduce images that were already delivered will incur a $100 processing fee. 

Delivery of Photos

No part of any order, including previews, will be delivered until the balance is paid in full.

Delivery of Digital Images

Photographer will provide images to Client within 30 days of the Event Date as high-resolution digital files without watermarks.

Digital File Quality

Photographer is committed to providing high quality services. Unless otherwise specified, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.

Photographer uses cameras and monitors that are color calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities.

It is Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.

All editing is done at the photographer’s discretion. The photographer reserves the right to refuse any additional edits requested.  Some images may only be produced in color or black and white at the artists discretion. If the client(s) wish to request additional editing of images this is done at a separate fee starting at $50 per image.

 

Session Terms

Sessions will be conducted at a location agreed upon by the photographer.  The photographer will not trespass or use any property/locations that is considered unlawful to do so.  The photographer is bound by any rules states for the property or location.  If the Client wishes to shoot on private property it is the Clients soul responsibility to get 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.

No other photographers/videographers are allowed during the session unless agreed to in writing by Photographer. Client or guest will refrain from taking cell phone images during the session unless agreed upon by the photographer.

Acceptance of Terms

Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.

No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.

This Agreement will be deemed to be a contract made under the laws of the United States and the State of Connecticut, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the state of Connecticut. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Photographer.

If any provision of this Agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

In addition to oral and written agreements, placing a retainer fee for a future session and/or use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.

This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof

Execution

Digitally signing this agreement has the same effect as manually signing a paper original.

Thanks for accepting these Terms and Conditions