All Services, Deliverables, and Charges are subject to all Terms and Conditions appearing herein
Terms and Conditions
1. Exclusive Photographer. JGC Photography shall be the exclusive photographer retained by the Client for the purpose of photographing the Client
2. Payment. The Client has paid for a standard photo session which is 30 minutes with up to 5 people. Any changes to the standard photo session will result in additional fees charged a la carte.
3. Cancellation. If the Client shall cancel this Agreement seven (7) or more calendar days before the wedding date, any payment paid to JGC Photography shall be refunded at 50% of the amount. If Client shall cancel within three (3) days of the photo session date, liquidated damages shall be charged in the amount of the full session fee.
4. Photographic Materials. All photographic materials, including but not limited to digital negatives, proofs, and previews, shall be the exclusive property of JGC Photography. JGC Photography shall make previews available to the Client on a website for the purpose of selecting and downloading photographs and sharing. Online proofs will be maintained online for a minimum of ninety (90) days from the day they are initially posted. After this period, JGC Photography may choose to remove online proofs or Client may request to maintain them online for $50 per month.
5. Copyright and Reproductions. JGC Photography shall own the copyright on all images created and shall have the right to make reproductions. JGC Photography shall only make reproductions for the Client, friends and family of the Client ordering via the JGC Photography website shopping cart, or for JGC Photography’s portfolio, website, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of JGC Photography’s studio. If JGC Photography desires to make other uses, written permission of the Client shall be obtained prior to use.
6. Client’s Usage. JGC Photography will provide the Client with a print release as a limited license to print any photos downloaded from the JGC Photography client gallery. The Client is obtaining prints and full resolution digital images for personal use only, and shall not sell said prints or digital images. Client may place these images online with credit to JGC Photography.
7. Failure to Perform. If JGC Photography 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 JGC Photography shall return the deposit 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 malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of JGC Photography. In the event JGC Photography fails to perform for any other reason, Samay Studio shall not be liable for any amount in excess of the retail value of the Client’s order.
8. Photographer. JGC Photography may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional and practice a style similar to that agreed upon at the time of the signing of this Agreement.
9. Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes. Client is aware that discs or memory devices provided by JGC Photography may degrade over time due to the inherent nature of discs and drives. Client releases Photographer from any liability for any claims whatsoever due to such inherent qualities of prints and discs.
10. Photographer’s Standard Price List. The charges in this Agreement are based on JGC Photography’s Standard Price List. This price list is adjusted periodically and future services shall be charged at prices in effect at the time when order is placed, unless otherwise specified.
11. Client’s Originals. If the Client is providing original prints, negatives, or transparencies owned by the Client to JGC Photography for duplication, framing, reference, or any other purpose, in the event of loss or damage JGC Photography shall not be liable for an amount in excess of $5 per image.
12. Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration in Santa Clara County and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $500
13. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of California.