The negatives/digital files remain the property of the Studio and will be kept on file a period of 12 months. I/we may be able to negotiate with the Studio for release of the negatives/digital files. Once The Studio delivers the final JPEGs/Products, I/we accept all responsibility for archiving and protecting images. The Studio archives the final edits for a period of 12 months only.
After the portrait session, each image is put through a careful selection process, where The Studio selects images that meet her high standards of quality. Images with eyes closed, unflattering poses, and duplicate images are removed permanently immediately after The Studio completes this culling process. I/we acknowledge that The Studio reserves the right to release only those images deemed creditable as professional in quality.
The Studio also retains complete control over which images are delivered in colour and which images are delivered in black and white. During the retouching phase for images printed through The Studio, The Studio will retouch any mark that will not be present in two weeks (i.e., acne). Any additional client requested edits, including but not limited to, removal of scars or birthmarks, removal of persons or things, body shaping, head swaps, etc., shall be outsourced to our editors at $30 per image per round of revisions. Extensive photoshop work will be invoiced to the client at $150 per hour.
ARTISTIC STYLE: I/we acknowledge that The Studio requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.); The Client is familiar with the Photographer's portfolio and is requesting Services with knowledge of the Photographer's style; understanding that the Photographer's work is constantly evolving; that Photographer's services are of unique and artistic nature; that the images created may be different from images taken by the Photographer in the past; and that in creating the images, the Photographer shall use her personal artistic judgement to create images consistent with her personal vision of the session, which may be different from the client and /or the Subject's vision of the session. Accordingly, I/we acknowledge that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance.
ADDITIONAL IMAGES/RAW IMAGES
Under no circumstance will The Studio release RAW images to Clients. The Studio selects the best representation of the images taken at the portrait session for the Client gallery, and all other images are deleted during the culling process; therefore, no additional images can or will be released to the Client.
LIMIT OF LIABILITY: The Studio represents that reasonable care is taken with respect to capturing, developing, processing, storing and delivery of images. However, in the event that The Studio fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of The Studio's control or The Studio's own negligence, The Studio's liability shall be limited to a refund of all payments made by the Client. The limit of liability for a partial loss of original images shall be a prorated amount of the exposures lost based on the percentage of total number of original images. If there is a failure to capture certain images that I/we requested or that were discussed at the consultation, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to the Client, and The Studio shall not be liable for the same.
Regarding ordering photographs, I/we also understand:
Orders must be placed at the Ordering Appointment, otherwise prices current at the time of ordering will apply and I/we will pay all reasonable freight and postage that I/we request. If a subsequent Ordering Appointment needs to be made, a $100 rescheduling fee will apply.
All orders must be confirmed in writing and accompanied by full payment unless other arrangements with the Studio have been made. All orders shall remain the property of the Studio until full payment has been received. Orders cannot be separated for collection unless paid for in full.
Upon full payment of the invoice, prints and products will be prepared to the highest quality the Studio can provide. All orders will be ready for pickup from the Studio at a convenient time, arranged by you and the Studio. You will be notified by email when your order is complete and ready for pickup.
Should you require delivery, this will be charged at appropriate freight rates as determined by the Studio. I/We agree to pay any additional freight costs before items are delivered.
Regarding alterations, changes, returns and refunds, I/we understand:
Due to the custom nature of prints and products, no changes, adjustments or alterations can be made once your order has been submitted for printing/production. Due to the custom nature of downloadable products, any and all requests for refunds or returns once digital files have been received by the client will be denied.
Due to the custom nature of photographic services, it is not possible to offer returns once orders have been submitted for printing/production as products cannot be resold. Refunds will be considered per client and per request. Refunds or replacements may be offered if a product is faulty. All products are inspected before delivery for any damages. Requests for refunds due to damage will be assessed per request.
Regarding non-payment of orders:
I/we acknowledge that if full or final payment is not made, any and all monies already paid to the Studio will not be refunded. Any partial payments already made to the Studio are considered forfeit and any claims for refunds will be denied. Should full or final payment not be made to the Studio within 6 months of initial order, the order will be cancelled.
Jade Read retains the copyright to all images, per Commonwealth of Australia Copyright Act 1968. I/we have permission to reproduce the images and make an unlimited number of prints, for personal use only. I/we agree that we may not use any images for commercial or editorial purposes, or enter any images into competition without the express written permission of Jade Read Photography.
Copyright and Licensing Notice: The images that are being provided are licensed to you for any reasonable personal purposes, including but not limited to: printing, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. Your purchase of the original files releases Jade Read Photography from any liability due to loss or damage of the images, and also releases Jade Read Photography from any obligation to maintain copies of any digital file, image, or photograph. Jade Read Photography retains the right to use and publish images and photographs taken at your photography session or event to further promote its service, including but not limited to: social media, portfolio, web site, public display, advertisement, national and international competitions and editorial use. Jade Read Photography agrees to limit the use of these images and photographs to promotional use only.