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Jamie Kay Photography

Vibrant. Joyful. Classic.
  • Home
  • Meet Jamie
  • Galleries
    • E-Sessions
    • Weddings
    • Families
  • Investment
  • Say Hello!
Name *
Phone
Session Date
Session Time
Collection *
This contract contains the entire understanding between Jamie Kay Photography and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all relevant parties. The laws of the State of Virginia shall govern this contract. CLIENT assumes responsibility for all collection costs and legal fees incurred by Jamie Kay Photography should enforcement of this contract become necessary. In the event that any part of this contract is found to be invalid or unenforceable, the remainder of this contract shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this contract shall not constitute a waiver of any other portion or provision of this agreement. CLIENT affirms that CLIENT IS at least 18 years old and has/have the capacity to enter into a contract with Jamie Kay Photography. Jamie Kay Photography is an independent contractor and not an employee of THE CLIENT.
Upon your signature, Jamie Kay Photography will reserve the time and date agreed upon and noted above and will not make other reservations for that time and date. For this reason, the Reservation Deposit of $50 is non-refundable, even if the date is changed or the session is canceled for any reason, including acts of God, fire, strike, and/or extreme weather. The Reservation Deposit is to be paid at the time of signing the contract. The Reservation Retainer is applied towards the contracted photography session. THE CLIENT understands that the entire amount owed for the photography session described in the contract must be paid in full at the end of the photography session. Payment may be made by cash, check (made out to Jamie Kay Photography), PayPal, or Venmo. There is a $50 charge on payments returned for any reason.
After the photography session, Jamie Kay Photography will provide THE CLIENT with a web gallery which will display the digital images. These images are chosen and edited at the sole discretion of Jamie Kay Photography. Once the images are uploaded to the gallery, Jamie Kay Photography will notify the CLIENT.
This Agreement may be terminated under any of the following conditions: a. At the CLIENT’S discretion. CLIENT understands that pursuant to this Contract, Jamie Kay Photography may forgo opportunities to book other business on the session date. The CLIENT understands, in exchange for this consideration, CLIENT agrees to the following scenarios with regard to refunds/application of monies paid to Kay Photography: i. In the event that the CLIENT reschedules the session, Jamie Kay Photography will amend the session date in this contract and the CLIENTS will receive credit for all monies paid up to the date the CLIENT requests the session be rescheduled. ii. In the event that the CLIENT cancels the session outright, the following stipulations will apply: 1. With more than two (2) weeks’ notice before the session was scheduled to take place, THE CLIENT agrees to pay Jamie Kay Photography liquidated damages equivalent to the Reservation Retainer. 2. With less than two (2) weeks’ notice before the session was schedule to take place, THE CLIENT agrees to pay Jamie Kay Photography liquidated damages equivalent to the Reservation Retainer plus ½ the remaining balance. b. At Jamie Kay Photography’s discretion i. In the unlikely event that Jamie Kay Photography is unable to provide the services described in this Agreement on the session date for any reason including, but not limited to, illness, injury, emergency or act of God, sudden event or other circumstances beyond the control of Jamie Kay Photography, a Substitute Photographer may be sent at no cost to THE CLIENT. This contract will be transferable to said Photographer. If THE CLIENT declines the Substitute Photographer, THE CLIENT may instead terminate this Agreement and receive a full refund on all money paid. ii. In the event CLIENT fails to make any installment payment due as described under the Payment section of this Agreement within ten (10) days of its due date, Jamie Kay Photography shall have the right to immediately terminate this Agreement. Prior payments will not be returned. c. Return of monies paid i. In the event that any refunds are due under the terms of this Agreement, Jamie Kay Photography will affect such refunds to the person or entity from whom or which the funds derived.
The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Jamie Kay Photography is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to Jamie Kay Photography. When using public space, Jamie Kay Photography is limited by the guidelines of the site management. The CLIENT agrees to accept the technical results of their imposition on Jamie Kay Photography. Negotiation with the officials for moderation of guidelines is the CLIENT’S responsibility; Jamie Kay Photography will offer technical recommendations only.
The photographs, digital negatives or prints produced by Jamie Kay Photography are protected by U.S. Copyright Law (all rights reserved) and may not be reproduced in any manner without Jamie Kay Photography’s explicit written permission. If CLIENT earns or purchases downloadable images, limited copyright ownership of the resulting images will be transferred to the CLIENT under the following conditions: a. The digital files are the property of the CLIENT for personal use and for the purposes of the electronic reproduction and distribution of photographs to friends and relatives. b. The CLIENT must obtain written permission from, and compensate Jamie Kay Photography prior to an event where the CLIENT or the CLIENT’S friends and/or relatives publish or sell the photographs for profit. c. Images may be used on personal websites as long as a copyright notice appears near the images stating they were taken by Jamie Kay Photography. A web link to www.jamiekayphoto.com is not required but is certainly appreciated.
Images are edited at Jamie Kay Photography’s discretion. Online gallery may not include all images shot. Jamie Kay Photography reserves the right to edit and release only those deemed creditable as professional in quality and within Jamie Kay Photography’s artistic standards. The CLIENT hereby assigns and grants Jamie Kay Photography and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases Jamie Kay Photography and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Jamie Kay Photography may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display, and any other purpose thought proper by Jamie Kay Photography.
Within three (3) days of the session date, a “Sneak Peek” of Jamie Kay Photography’s favorites will be posted on www.facebook.com/jamiekayphoto. The remainder of the images will be posted in an online gallery 1-2 weeks later. The CLIENT will be notified via email when the gallery is available for viewing. CLIENT has two (2) weeks from date of gallery delivery to request changes or additional edits to images. After this time, an hourly fee of $50 will be applied to any requests or editing of images. Jamie Kay Photography will allow for limited professional image manipulation (if technically possible). This includes opening of an individual’s eyes, red eye removal, removal of images/objects, color correction, blemish touch-up, etc. It is understood that if a technicality prevents Jamie Kay Photography from performing the requested image manipulation, or if a technicality prevents the final result to meet the CLIENT’S requirement, the CLIENT will accept that Jamie Kay Photography has performed to its best ability with regard to the specific task and that Jamie Kay Photography has no further responsibility towards image manipulation.
Jamie Kay Photography takes the utmost care with respect to exposure, transportation and processing of photographs. However, in the unlikely event of the CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond Jamie Kay Photography’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

Thank you for completing your photography contract. I look forward to working with you!

 

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A Northern Virginia wedding photographer who loves to travel!