This agreement contains the entire understanding between Julia Toms Photography and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties.
This confirms my contracting agreement: I agree that Julia Toms Photography shall provide services to photograph you to the best of our abilities in accordance with the package selected. Every effort will be made to assure your satisfaction according to industry standards. Any artistic interpretation by the photographer will be deemed acceptable and correct. Due to the nature of the business, all sales are final. Although every care possible will be taken to produce photographs of all important and special moments during the session, the Photographer cannot place an un-conditional guarantee on the above. If you are not satisfied with your images through fault of Julia Toms Photography your images will be retaken. If you are not satisfied with your products through fault of Julia Toms Photography they will be replaced. Notification of dissatisfaction must be received in writing within one week of receipt of images or upon receipt of products in order to receive refund or replacement. We do all we can to ensure that you are satisfied with your images and products. We cannot be responsible for dissatisfaction due to circumstances beyond our control.
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Julia Toms 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 Julia Toms Photography. Julia Toms Photography shall use its own judgment regarding style and input in the production of pictures. This includes but is not limited to locations, poses and number of images taken.
Photographs/images produced by Julia Toms Photography are protected by Copyright Law. Upon final payment by the CLIENT, the CLIENT is granted limited license to use and or display resulting images as outlined in the Usage Rights on this document. Said images may not be altered or used in any manner outside what is prescribed in this document without prior written permission of Julia Toms Photography. The CLIENT must obtain written permission from and compensate Julia Toms Photography prior to the CLIENT, its associates, friends or relatives re-distributing or selling the photographs for any reason not prescribed in this document.
Images and Copyright
The CLIENT(s) & SUBJECT(s) hereby grant to Julia Toms Photography, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included for the promotion of its business and services, including editorial, trade, advertising and any other purpose and in any manner and medium.
In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents them from photographing the event, Julia Toms Photography will make every effort to reschedule the event. If for whatever reason this is not possible, responsibility and liability is limited to the rescheduling, or return of all payments received for the package purchased. Julia Toms Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Julia Toms Photography’s control, Julia Toms Photography’s liability is limited to the return of all payments received for the package.
Limit of Liability
The CLIENT(s) understands and accepts that the photographic coverage will be as our professional expertise determines and that not one photograph be deemed more important than another. Every effort will be made to comply with your wishes. Any additional requests not notified on this booking form must be made by the CLIENT in writing.
Any proofing product viewed are individually corrected for colour balance, density, contrast, etc. No retouching will be applied to any proof image. All prints that are subsequently ordered or used will receive individual attention in the form of retouching, enhancement, selective area adjustment, textures, etc. Retouching means correcting various elements in an image such as litter, distractions and minor physical flaws, (tired eyes, smoothing skin, removal of stray hairs etc) Julia Toms Photography is granted total artistic control over the final image and the CLIENT understands that these are the steps JoanneB Photography will take when referring to retouching.