Terms & Conditions

Ok, now for the legal stuff. If you have questions, please do not hesitate to reach out to [email protected]. The best work comes out of great relationships. Honesty, respect and gratitude are the keys to a great relationship, and therefore we have an interest in treating each other with these values at all times. As much as legal documents are important, what truly binds us is our drive to do good work with good people and to develop a relationship of mutual respect and trust.

To keep the terms simple, the "Photographer" is me or any other person working with me. The "Client" is, the person who signs the form, which—along with the following terms—constitutes our contract. The "Session" is the contracted time we have together, and it begins and ends.

Deposit and Payment

For Regular, Extended, and Mini Sessions, Session cost must be paid up-front. For Weddings, Newborns, and Commercial Sessions, a deposit of one half the cost of the Session must be paid up-front. Following payment of the deposit, balance of any fees due is to be paid on, or before the date of the Session. Deposit secures the time and services of the Photographer for the Session and may be non-refundable or transferable in the event of Client cancellation, it being the agreed loss suffered by the Photographer due to cancellation. Sessions that are postponed by Client to a later date will retain their fee as long as the photographer can reasonably re-schedule for the new date and time. If your wedding must be changed due to CDC restrictions on gatherings during a global pandemic, your deposit will be retained for a rescheduled date or refunded for a cancellation during the timeframe that the restrictions are in place. No photographs may be delivered until all payments due have been paid in full.

Booking & Session

Booking dates and times must be requested by Client at least 14 days prior to the desired date of Session (except for limited-time offers and openings such as seasonal Mini Sessions). Times and dates subject to Photographer availability and will be agreed upon in writing via email. Client must arrive on-time and ready for Session. Arrivals and preparation time after the agreed upon Session start time may be factored into total Session time (e.g. arriving 5 minutes late to a 30-minute Mini Session may result in a 25-minute session).

Copyright and Photographer usage

All photographic materials, including but not limited to digital files, proofs, and previews, shall be the exclusive property of the Photographer and may be used by Photographer for uses including (but not limited to) business portfolio and promotion. Parents/Guardians of Children under 18 shall release photographic materials for purposes of Photographer's portfolio, print, and publishing. The Photographer shall own the copyright in all images created and shall have the exclusive right to authorize reproductions.

Client Usage

The Client may obtain digital files and prints for personal use only, and shall not sell said digital files, prints or authorize any reproductions thereof by parties other than the Photographer. Without permission from the Photographer, the Client shall not photocopy, screen shot, use as a basis for derivative works, manipulate in any way, or otherwise use the Photographer’s images for uses other than personal printing or social media posts. If Client is obtaining a print, Photographer authorizes Client to reproduce the print for him/herself or on behalf of friends and family for personal use. Client may post photos as-is to a personal, non-business social media profile. For business and commercial purposes, individual photo licensing may be granted by Photographer at an extra cost. Client may not apply filters, overlays, or manipulate the photos except to crop for profile photos without written permission from the Photographer. Client may optionally provide credit or tag photographer's account in posts (though not required).

Failure to Perform

If the Photographer 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 the Photographer’s illness, then the Photographer shall return the full 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 or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order. With sessions including children, if the Photographer cannot provide the stated photographic materials (i.e. number of images) due to uncooperative behavior, then the Photographer shall not be liable to provide a refund. Photographer will make every reasonable effort to perform this Agreement.

Time & Travel

Sessions begin and end at the agreed-upon times, without regard for travel. If travel between locations is requested during the Session, it will be considered part of the contracted time. Additional Session time may be requested, up to and including the day of your Session, with availability subject to Photographer's schedule. No photographic materials may be provided until Session, including additional time requested, is paid in-full. Travel outside of 10 miles from Canton, Ohio may incur additional travel costs, billed at-minimum the current IRS standard mileage rate for road travel. Airfare and lodging will be negotiated separately by Photographer and Client. All travel costs will be agreed upon in-writing before the date of Session.

Retouching & RAW photos

All images will be digitally edited for exposure, brightness, contrast, sharpness, etc. Some images may be lightly retouched for skin blemishes, distracting background details, etc. The Photographer's judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Additional retouching, digital manipulation, and artist finishing may be available upon request by the Client as an option at extra cost, quoted separately. RAW (unaltered) photo files will not be provided.

Complaints

Any complaints should first be raised by the Client with the Photographer in writing within 14 days from the date of receipt of images. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. This Agreement shall be governed by the laws of the State of Ohio.

Jake Muller is a Northeast Ohio photographer serving Canton, Massillon, Akron, and Alliance. He specializes in family and senior portraits and wedding photography.
Phone: ‪(330) 451-6146‬
Email: [email protected]
‪© 2020 Jake Muller Co.