Terms & Conditions

Intellectual Property

Client owns all copyrights in any and all work(s) created or produced by Provider for agreed service. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Client and may not be used by Provider unless the Client grants permission.

Artistic Release

Client has spent a satisfactory amount of time reviewing Provider's work and has a reasonable expectation that Provider will perform the Services in a similar manner and style unless otherwise specified in this Agreement. 

Consistency

Provider will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Provider current portfolio and Provider will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that: Every client and portrait shoot is different, with different tastes, budgets, and needs; services are often a subjective art and Provider has a unique vision, with an ever-evolving style and technique; Provider will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions; Although Provider will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Provider shall have final say regarding the aesthetic judgment and artistic quality of the Services;

Dissatisfaction with Provider's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.

Indemnification

Client agrees to indemnify, defend and hold harmless Provider and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Provider  provides to Client.

Cancellation, Rescheduling and No-Shows

 If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Provider to render Services due to the fault of the Client or parties related to Client, such as failure of one or more essential parties to the  to show up in a timely manner, Client shall  provide notice to Provider as soon as possible via email at jeffry@jeffryphoto.com. Provider has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Provider to provide the Services due to the fault of Client (or parties related to Client). Client pays a security deposit that is to reserve time on Provider’s schedule and excludes provider from providing services to other clients during that time. Security deposit is applied to the Total Cost and is non-refundable unless Client provides written notice of cancellation within 72 hours or more of the shoot. Client is not relieved of any payment obligations for cancelled services within 24 hours of the shoot, rescheduled services, failing to show up for the shoot, or should it become impossible for Provider to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. The Provider may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost if notice is received 24 hours or more from the time of the shoot.

Impossibility

Force Majeure. 
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. 

Failure to Perform Services.

 In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

Attempt to find another competent professional to take its place with the mutual agreement of Client(s);

If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered; and excuse Client(s) of any further performance and/or payment obligations in this Agreement.

Finality

 This Agreement constitutes the final, exclusive agreement between the parties relating to the  and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment.

 The parties may amend this Agreement only by the parties’ written consent via proper Notice.