Terms of Service and Contract Terms for Clients of Michael James Photography
The following are the terms and conditions of the agreement between the Client and the Photographer Michael James Norris, dba as Michael James Photography and MJPhotoPDX including its heirs and assigns and subcontractors. The terms are irrevocable and binding in perpetuity.
This agreement contains the entire understanding between the Photographer 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 parties. In the Event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
Deposit and Payment.
The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as services are rendered, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. Except by other agreement in writing Payment in full is required before services are rendered. Client has no rights under this agreement until payment is made in full.
Shooting time / Additional time
The Client and the Photographer agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. If the Client does not arrive at the appointed time for the Event(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the Client. When applicable Set Up and Tear down time is included in session time.
When applicable, the Client is responsible for all travel, accommodation, meal and transport costs unless provided by the Client. TRAVEL EXPENSES: All travel expenses are based on the distance between the Event location(s) and the Photographer studio address. For all Event(S), the first 50 miles roundtrip of travel are included. All miles in excess of 50 miles roundtrip are charged at $1.25 per mile. ACCOMODATIONS: For all Events in excess of 200 miles round trip the Client is required to obtain adequate lodging for the Photographer and his assistants when applicable.
The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to obtrusive guests, lateness of the Client or guests, weather conditions, schedule complications outside of the photographers control, incorrect addresses provided to the Photographer, rendering of decorations, or restrictions of the locations. The Photographer is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The Photographer is not held liable for missed coverage of any part of the Event(s). The Photographer will not be held accountable for failure to deliver images of any individuals or any objects at the Event(S).
Venue and Location Limitations
The Photographer is limited by the rules and guidelines of the location(s) and site management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; the Photographer will offer technical recommendations only.
Permits The Client is responsible for acquiring all permits and necessary permission for all locations on which the Photographer will be performing services.
If the Client shall cancel this Agreement 7 or more calendar days before the session date, any deposit paid to the Photographer shall be refunded in full. If Client shall cancel less than 7 days but greater than 3 days prior to session schedule, the Client is entitled to a 50% refund. Cancellations less than 3 days prior to session time forfeit their deposit.
All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make proofs and previews available to the Client for the purpose of selecting photographs, and downloading for personal use, on his website within a reasonable amount of time.
Copyright and Reproductions
Unless otherwise specified the Photographer retains copyright to any and all images from this and all Client sessions. The Photographer grants limited reproduction rights to the Client. The Client may at their discretion obtain from any retail outlet in unlimited quantities, in any size configuration up to 100 square inches. The Photographer further grants the Client the right to publish digital images on Social Networks and websites as long as watermark remains intact. Client shall provide this document to print retailers and shall serve as appropriate permission from the Photographer for limited print licensing. Further questions can be forwarded to the Photographer at 360-431-2636
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 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 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.
Capture and delivery
The Photographer is not liable to deliver every image taken at the Event. The determination of images delivered to the Client is left to the discretion of the Photographer.
Post Production and Editing
The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer.
Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. Likewise the Photographer cannot otherwise guarantee the quality of prints purchased anywhere other than from his own lab.
Promotional Use Release
The Client hereby assigns the Photographer the irrevocable and unrestricted right to use photographs of the Client or in which the Client may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The Client releases all claim to profits that may arise from use of images.
Due to the nature of our photography, it is understood that the Photographer is often working in conditions that are beyond the Photographers ability to ensure safety. As such everyone involved in this session is responsible for their own safety, and is liable for their own actions. Each agrees to hold harmless all of the other parties involved of any civil liability for actions that lead to injury or death as a result of those injuries as well as damage to personal and physical property except as protected by law.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and agreed upon by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Oregon and any dispute arising from this agreement shall be arbitrated in Portland,OR. Client agrees that damages arising from the substance of this agreement at no time exceed the amount of the Session Fee/Deposit amount and recovery for damages will be limited to the amount of the Session Fee/Deposit amount. If either party to this agreement is required to obtain counsel to enforce any provision of this agreement, the prevailing party shall be entitled to their reasonable attorney's fees and costs