🌸 Give your mom the gift of memories by entering our giveaway for a chance to win a family photo shoot valued at $800, proudly sponsored by @jazzyphotography .
To enter, simply like this post, follow our page and tag a fellow mom who would love this prize.
Winner will be announced on Friday, May 12th on social media. Don’t forget to read the terms and conditions for entry found below:
Terms and Conditions
JAZZY PHOTOGRAPHY A.B.N. 92 550 648 061 STANDARD TERMS AND CONDITIONS
This document is a contractual agreement made between: Jazzy Photography (referred to hereafter as “Photographer”) and Client.
Jazzy Photography
and the Client (the Parties) hereby acknowledge the following standard terms and conditions of Agreement (this Agreement).
DEFINITIONS
“Assigns” means a person or any company to whom Jazzy Photography has assigned or licensed rights under this release as well as the licensees of any such person or company.
“Client” means the person or entity signing this agreement.
“Consideration” means $1 or something else of value the Client has received in exchange for the rights granted by the client in this Agreement.
“Content” means all photographs, film, audio, or other recording, still or moving, taken of the Client as part of the Shoot.
“Images” means the photos taken by Jazzy Photography in respect of the Services, and includes Proofs (proof images) and/or high-resolution digital files and includes all Images taken at the Session, both available for review, and the final images ordered by the Client (Final Images).
“Jazzy Photography” means Jazzy Photography A.B.N. 92 550 648 061, its employees and assigns.
“Media” means all media including digital, electronic, print, television, film, radio, social media (including Facebook and Instagram), online blogs, and other media now known or to be invented.
“Model” means the Client and includes the Client’s appearance, likeness and voice.
“Order” means the Images ordered by the Client after the Shoot.
“Parent” means the parent and/or legal guardian of the Model. Parent and Model are referred to together as “the Client” in this Agreement, as the context dictates.
“Price” means the
Standard charges set out in the schedule provided to the Client prior to the commencement of this Agreement and is subject to variation from time to time, or as provided to the client from time to time.
“Services” means the photography Services, being either the portrait package (“portrait package(s)”) or wedding package (“wedding package(s)”) described to the Client by Jazzy Photography at the time of entry of this Agreement.
“Session” means the date the photos are taken by Jazzy Photography in respect of the Services.
“Shoot” means the photographic film or recording session described to the Client by Jazzy Photography from time to time.
AGREEMENT TERMS
PORTRAIT SESSION: Client is guaranteed up to 20 minutes of shoot time per session and 5 edited high resolution digital images. Photographer is not responsible if client and/or key individuals fail to appear or cooperate during portrait sessions. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes. Client agrees to the terms of the service that has been outlined on the Website splash page and in this contract. For Mother’s Day Minis, sessions are only offered to Mothers and mother figures and their children (of any age). Family session are to be booked to include other family members.
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation of the portrait session/agreement by Client, the amounts paid are 50% refundable, as long as 48 hours notice is given. If less than 48 hours notice is given, the amounts paid are non-refundable. In the case of illness, or any concern with health or risk of exposure to Covid 19, the session will be rescheduled to a later date when clients/photographer are well but the same set can not be guaranteed.
COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions. As sessions are conducted in the studio, Clients are asked to ensure children remain safe, do not touch photographic props, equipment or behave in a way that could cause harm to themselves or the equipment/space. If at any point the Photographer feels uncomfortable with the behaviour of a client or a child and safety is a concern, the photographer will cease the session and ask the client to leave the studio space. Payments will not be refunded.
INTELLECTUAL PROPERTY
- Jazzy Photography is the owner of the intellectual property created by the Jazzy Photography in the course of the Services, including but not limited to the Images & Content, digital or electronic material, transparencies, negatives and prints relating to the Images.
Jazzy Photography retains all rights and ownership in the Images and the Content and any negatives (or digital equivalent) from which the Images are derived. No interest in the negatives (and/or digital equivalent) is assigned or licensed to the Client by this Agreement, unless expressly specified in the Summary. Unless otherwise agreed in writing, Jazzy Photography is not responsible for storing or archiving the Images.
Jazzy Photography shall own the copyright in all Images and Content created and shall have the exclusive right to make reproductions. Jazzy Photography shall only make reproductions for the Client or for Jazzy Photography’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of Jazzy Photography’s studio. Jazzy Photography is entitled to use any Images & Content created for any social media or for advertising unless the Client denies consent in writing through email.
The Images, digital negatives or prints and Content produced by Jazzy Photography are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Jazzy Photography’s explicit written permission. The Client, has limited copyright ownership of the resulting images will be transferred to the Client under the following conditions:- a.
The negatives, Digital Images, Digital Files and/or slides are the property of the Client for personal use and for the purposes of the reproduction and distribution of Images to friends and relatives. - b.
the Client must obtain written permission from, and compensate Jazzy Photography prior to an event where the Client, the Client’s friends or relatives publish or sell the photographs for profit.
JAZZY PHOTOGRAPHY’S INTERPRETATION
- The Parties agree and acknowledge that the details of the Services, Content & Images and/or works the subject of this Agreement have been discussed by the Parties applicable brief.
- It is further acknowledged that in the event the Client or the Client’s representative is not present on the Photography Date(s) at the Location, then Jazzy Photography’s interpretation of the Services shall prevail.
CLIENT’S USAGE: Client is obtaining digital files and a print release. Client understands that Photographer is not responsible for colour and print quality for prints obtained through vendors outside of Jazzy Photography. Prints/digital files obtained through Jazzy Photography are for personal use only. Client shall not sell said prints/digital files or authorise any reproductions by parties other than Jazzy Photography. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads “Jazzy Photography” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
Images received from Jazzy Photography may not be altered from their original version in any way. This includes but is not limited to: turning colour images to black and white, adding text, cropping, or colour accenting. Photographs are hand edited to Photographer’s standards and reflect on the artist. Unedited images will not be given to the client or third party under any circumstance.
Clients are welcome to upload and share purchased photos onto Social Media as long as credit is given to the photographer by stating the company name ‘Jazzy Photography’ and linking to our Facebook, Instagram or Website home pages. Under no circumstances can any image be altered using filters.
If client wishes a specific effect to be used on images, this may be requested in writing.
Photographer holds full copyright of images and may use images for studio products, print marketing, awards, and promotions either in print or online. Online use may be on social media (Facebook, Instagram and Pinterest). If you wish for yours and your family’s images to not be used in any of the above forms, please contact Jasmin in writing and your wishes will be respected.
EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions, advertising and on Social Media and website and releases all claims to profits that may arise from use of images.
LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date.
WARRANTY AND INDEMNITY
- The Client warrants to
Jazzy Photography that: - a.
it has the capacity and authority to enter into this Agreement; - b.
it has obtained the necessary clearances in relation to the subject matter to be photographed; and - c.
it will only use the Images in accordance with the rights granted under this Agreement.
The Client agrees to indemnify Jazzy Photography against any actual and direct loss, claim, injury or damage (including any reasonable legal costs or expenses properly incurred) by Jazzy Photography, as a direct result of breach by the Client of the above warranties or any breaches of this Agreement.
PRINT LIFE: Client is aware that colour dyes and inks in non-archival prints may fade or discolour over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discolouration due to the inherent qualities when prints are not purchased from photographer. Prints purchased from the photographer are guaranteed against natural light fading and will be replaced in the case of unexpected bleaching. In the case of canvases being bought, these come with a 20 year guarantee and canvases with a 75 year unconditional guarantee.
PORTRAIT FEES: Mini Portrait Sessions fees are a flat rate.
Please note that all prices for preschool fundraising fundraising initiatives are linked ONLY to the service as advertised with given preschools/schools. For all other bookings, full studio pricing is issued. No exceptions.
PRINT FEES AND SHIPPING: Prints through the photographer are ordered a la carte either in a viewing session on via our gallery shopping cart. All prints include standard retouching and shipping through the Australian Postal Service. Pick-up is available but shipping from the supplier to the studio must be paid by the studio. Prints generally ship via Priority Mail two to four weeks after Client’s print order has been paid in full. Rush printing and shipping can reduce delivery times by one week. A 50% rush fee is applied to the cost of each rush print. Shipping should take between4-6 weeks from artworks been uploaded to printer from Jazzy Photography. Due to Covid impacts, Jazzy Photography can not take responsibility for shipping or suppliers taking longer than this time frame as this out of our control during this time. We will endeavour to communicate throughout the whole process and keep clients updated as to the timeline of prints arriving to them on time.
RETOUCHING, CONVERSIONS AND DIGITAL FILES: Standard retouching includes light blemish and stray hair removal. Complex retouching includes such changes as the removal of scars or heavy blemishes. Tonal conversions include converting colour images to black-and-white. Files are automatically lightly retouched and available in colour and black and white for no added fee. Complex retouching may result in an additional fee charged at $75/hour.
Hi-resolution digital files are delivered via an online site. You may download via computer only through this site. The price for the digital files is not refundable once delivered, and is not adjustable per client.
Once a product is ordered, the CLIENT understands that the products can not be altered and that full payment is due without exception. The CLIENT has read and understood the materials in products before ordering and understands that even though products come with a guarantee, this is only relevant when necessary care has been taken of the product.
PRIVACY: To view Jazzy photography’s privacy policy, please click here. This form and collection of data is used with third party CRM 17 hats. Their privacy policy can be found here. Once your images have been taken, they will be uploaded to an online gallery. This gallery will not be searchable, it will require an email address and a password to enter and a pin number to download the file.Pic Time privacy policy can be found here.
- RELEASE
- For consideration herein acknowledged as received, and by signing this release the Client
hereby gives Jazzy Photography permission to license the Content and to use the Content in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. The client agrees that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified.
The Client agrees they have no rights to the Content or the Images (other than those expressly granted in this Agreement) and all rights to the Content and Images otherwise belong to Jazzy Photography. The client acknowledge and agrees that the client has no further right to additional consideration or accounting, and that the client will make no further claim for any reason to Jazzy Photography. The client acknowledges and agrees that this release is binding upon their heirs and assigns.
The Client releases and discharges Jazzy Photography from any and all claims and demands arising out of or in connection with the use of the Content and the Images, including without limitation any and all claims for libel and invasion.
The Client agrees Jazzy Photography/Filmmaker will not be responsible for any accidents, property damage. The Client agrees to release and hold harmless Jazzy Photography, its agents and employees from any and all claims for damages.
The Client acknowledges that if they wish to have the Content or the Images removed from public media after the date of this release, that any such request must be made in writing to Jazzy Photography and that any such request will be considered at the absolute discretion of Jazzy Photography, and may be subject to the Client refunding any consideration paid by Jazzy Photography and any consideration paid in respect of this Agreement.
The Client hereby assigns and grants Jazzy Photography and its legal representatives the irrevocable and unrestricted right to use and publish the Images and Content of the Client or in which the Client may be included, for editorial, trade, advertising, competition 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 Jazzy Photography and its legal representatives and assigns from all claims and liability relating to Images and Content. It is agreed that Jazzy Photography may display and use the Images and Content taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Jazzy Photography.
If applicable, if the Client or its guests are minors or lack capacity in the jurisdiction of residence, the Parent warrants and represents that Parent is the legal guardian of the Client/Model, and has the full legal capacity to consent to the shoot and the execute this release of all rights in the model’s content. If you are a parent signing in the capacity, please enter your details and your name below.
The Parties agree to cooperate and communicate for the best possible result within the definition of this assignment. Jazzy Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed Images due to details not revealed to Jazzy.
Although Jazzy Photography will do everything possible to ensure that the best Images are obtained from your session, a child or baby’s unwillingness to comply or engage in the session is the parent or care-givers responsibility not Jazzy Photography’s, and a rescheduling of the session is at Jazzy Photography’s discretion, depending on the circumstances for the session.
In the unlikely event that Jazzy Photography is injured or becomes too ill, or has an extreme emergency preventing her from photographing the event, Jazzy Photography will make every effort to reschedule the event. If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for the package purchased.
Jazzy Photography takes the utmost care with respect to exposure, transportation, processing
and archiving the Images. However, in the unlikely event that Images have been lost, stolen, or destroyed for reasons within or beyond Jazzy Photography’s control, Jazzy Photography’s liability is limited to the return of all payments received for the portrait package. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Jazzy Photography. In the event Jazzy Photography fails to perform for any other reason, Jazzy Photography shall not be liable for any amount in excess of the retail value of the Client’s order.
The Client is responsible for their conduct at all times. Any breakage or damage to equipment or studio contents are the sole financial responsibility of Client. The Client agrees to hold Jazzy Photography and its agents harmless for any injuries or damages sustained preceding, during, and immediately following a session.
The Client is obtaining the Images and Content for personal use only, and shall not sell said Images/Content. If the Client is obtaining Images/Content for newspaper announcement of the wedding, editorial use or website, Jazzy Photography authorizes the Client to reproduce the print in this manner. However, in such event, the Client agrees to run a credit for Jazzy Photography adjacent to the photograph. If the client wishes to use any images by Jazzy Photography on Social Media, they can only do so by ensuring Jazzy Photography is ‘Tagged’ and/or Jazzy Photography’s Website is credited along with each image.
COVID ADDITION 2022:
The client agrees that they and their attendees will only enter the studio grounds if eligible to do so at the time of the sessions according to Public health Orders, and are not unwell or feeling any flu-like symptoms. The client agrees and knows that Jazzy Photography will spray and wipe down used surfaces in between each shoot, is double vaccinated and will abide by public health orders to the best of ability. Jazzy Photography is not liable should Covid 19 be caught at the premises. If any rules alter between the writing of this agreement, signing it and the session, the client must abide by all current guidelines at the time within out community. Should a session need to be cancelled, Jazzy Photography will reschedule to booking or give a refund.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.
This constitutes an order for one Family Mini Session with Jazzy Photography.
By signing this agreement, you agree to all the terms above for your self and your family/guests who enter the studio under your booking.