IMAGE RELEASE, TERMS & CONDITIONS
- Image Release / Ownership. Client/Payee/Guardian and the Photographed Subject (“Client”), for good and valuable consideration, the receipt of which is acknowledged, hereby grants to JN Photography, its legal representatives, assignees, and those acting under its authority, the unrestricted right and permission to copyright and/or use, and/or publish photographic portraits or pictures of the Client (the “Product”), and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which Client may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, in any media for advertising, awards, business promoting, charities, competitions, displays, portfolios, profits, social media, internet websites, and other uses deemed practical by JN Photography. Client hereby relinquishes any right that he/she may have to examine or approve the finished product or products or the advertising copy or printed matter that may be used in connection with an image that JN Photography has taken of the Client, or the use to which it may be applied. Client waives any ownership and publication right he/she might be entitled of in connection with the Product, with the exception of the personal use that does not include competitions, financial gain, or commercial use. Client agrees he/she has no right to sell, license or publish any of the Product to any person or entity without the express written permission of JN Photography.
- Damages. Client further releases JN Photography, its owners, subsidiaries, affiliates, officers, agents, servants, or employees (“Releasees”) from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting the Client to conspicuous ridicule, scandal, reproach, scorn and indignity. Client also waives any and all claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by Client, or any of the property belonging to Client, whether caused by the negligence of the Releasees, or otherwise, while performing the photography session, or while in, on or upon the premises where the photography session was performed.
- Additional Personnel. It is understood and agreed that no other photographer will be allowed to photograph or take pictures while JN Photography is working unless JN Photography otherwise agrees. All other parties, including but not limited to, coaches, makeup artists, models, additional clients, filmmakers, actors, videographers, and musicians shall not work or be on scene unless JN Photography has approved their presence and agrees to other party’s or parties’ work(s) and presence. Client may take on-scene and behind-the-scene photographs with their cellular devices and/or tablets with the previous consent of JN Photography. Any violation of this section shall result in the Client being fined $250.00 or 5% of the total investment listed above, whichever is greater.
- Reasonable Assistance. The Client shall assist and cooperate with JN Photography in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at JN Photography’s direction; providing a person to guide JN Photography to desired persons and/or scenes; pre-shoot consultations, etc. JN Photography shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.
- Binding Document. It is the express intent of Client and his/her Guardian that this document shall bind all members of Client’s family, heirs, assignees and personal/professional representatives. It is the express intent of JN Photography that this document shall bind all Releasees and employees. Client represents that he/she is 18 year or older at the time of signature and this release and contract was willingly signed with full knowledge of the document’s contents or Guardian represents that he/she is 18 year or older at the time of signature and this release and contract was willingly signed with full knowledge of the document’s contents while the Client is under the age of 18.
- Quantity & Delivery. The quantity of the Product may consist of and include renditions of photographs and/or images at the JN Photography’s discretion. The JN Photography has the discretion to include additional renditions and/or quantities at no additional investment of the Client. JN Photography reserves full discretion to decide which images are printed and/or delivered digitally without the previous knowledge or input of the Client. The JN Photography shall not begin post-session work on the Product, nor shall the Product be delivered, until the Product is paid in full, including any additional services and/or prints, by the Client and/or Payee. Client acknowledges that the estimated delivery date of the Product is estimated with the implication that the Product shall be paid in full by the date of the photography session or by end of the financing schedule listed above. Refunds are not applicable in regards to this section.
- Hardware Failure. In the event of hardware failure such as camera equipment or memory card failure and JN Photography is thus completely unable to produce the Product inside or outside the contracted timeframe, JN Photography shall reimburse Client the entire investment, including any and all charges, taxes, and third party fees. Client has the right to accept reimbursement via JN Photography gift voucher, installments, or combination thereof. The amount and timeframe of installments shall be deemed solely by JN Photography, however, the complete and total reimbursement shall not exceed five years unless an extension is accepted by Client.
- Additional Costs. The Client shall reimburse JN Photography for any additional costs the JN Photography may incur for travel, meals, parking, and other reasonable costs necessary to the performance of these services. Client is responsible for reasonable and preapproved overtime performed by JN Photography at a rate of $60.00 per hour and an hour is limited to sixty minutes. A new hour begins one second after the close of the original End Time and so forth. Overtime must be verbally approved or approved in writing by the Client, Guardian, or Payee. Collection is due before JN Photography will release the Product to the Customer.
- Travel Fee. The JN Photography reserves the right to charge the Client a travel fee for travel requirements outside of 40 miles from the Lynchburg Regional Airport located in Lynchburg, Virginia. The travel fee will not exceed $2.25 per mile after 40 miles from/to the Lynchburg Regional Airport so long that transportation includes a Virginia Department of Transportation approved automobile and no other mode of transportation. All other modes of transportation, to include but not be limited to airplane, boat, train, and/or helicopter, will be charged to the Client’s account and must be paid in full prior to the JN Photography reserving such transportation.
- Cancelation Fee. The deposit is not refundable if the Client cancels or changes the Service. Client can cancel Service without monetary penalty, the deposit and third party fees excepted, before 20 days of the agreed date. There is an additional 20% monetary fee if the Service is canceled within 20 days of the Service date. There shall be no refunds if the Service is canceled within 48 hours of the Service date and time. If Client has not paid before the cancelation fee is initiated then Client will be charged the fee with their next contracted session and/or action will be conducted in the United States Court of Law. JN Photography has the right and sole discretion to reimburse Client via installments, JN Photography gift voucher, or combination thereof in the amounts deemed solely by the JN Photography. The purchase of additional images cannot be canceled and will not be reimbursed.
- Weather & Omission of Fees. JN Photography has discretion to omit fees in cases included, but not limited to, acts of God, unforeseen hazards, illness with receipt of a doctor’s note, family emergencies, etc. A new Service date will be freely offered to Client in cases of inclement weather. Client can request a change of date or location. JN Photography can accept or deny any request with, or without, financial penalties to the Client.
JN PHOTOGRAPHY MODELS CLUB
- Joining the JNP Model’s Club with Previous Experience. Models inquiring to join the JN Photography Model’s Club must submit an application that includes a relative resume and references. If the application is accepted, the applicant will be required to submit five photographs of himself/herself that were conducted by a professional photographer. Photographs must be a mixture of head portraits and full body portraits. If the applicant has not had a professional session in five or more years then only one of the five submitted photographs must be a recent unprofessional picture (cell phone, selfie, friend with a camera, etc.) If all documents are accepted then the applicant will be allowed to join the Model Club after his/her first free session with JN Photography (JNP) and after JN Photography conducts a soft criminal background check on the applicant.
- Joining the JNP Model’s Club with No Previous Experience. Applicants without previous work with a professional photographer or whose documents were not accepted must complete a paid full-length session with JN Photography. After the session JN Photography will decide if the applicant has modeling potential and, if accepted, JN Photography will conduct a soft criminal background check on the applicant.
- Juvenile Models. Club members who are under the age of 18 but at least 12 years of age must have a legal guardian sign each contract with the minor and preapprove each photography session. JN Photography may limit session types to minor models for ethical, moral, and/or legal reasons. JN Photography has full discretion on the genres of photography it will conduct with minors.
- Certification. Certified Models are members of the Model’s Club who (i) have been published at least three times in a bonafide magazine, or (ii) having outstanding recognition in the arts (e.g. acting, modeling, music, etc.), or (iii) have been associated and active in a modeling agency for over two years. Models must submit a request to be titled Certified, however, JN Photography may certify a model based on observed works, etc.
- Honorary Model. The title of Honorary Model is reserved for models with outstanding community outreach or have conquered a unique, personal challenge.
- Specials. Photographer Nathan Haefer desires to complete special projects annually. Such projects have a unique theme and/or technical work. Persons involved in a significant Special will receive life-long status in the Model Club unless the model is removed by JN Photography for any reason.
- Good Standing. In order to stay in good standing with the Model’s Club a person must have been involved in one special project, be involved in a special portraiture session that commemorates a special or unique accomplishment, or complete at least one mini-session every three calendar years. JNP reserves the right to remove a model’s status with sole discretion as to the reason, whether physical, intangible, actual, implied, with or without the violation of this section, etc., with or without the model’s notice. JN Photography may remove Certification or Honorary status with sole discretion as to the reason, whether physical, intangible, actual, implied, with or without the violation of this section, etc., with or without the model’s notice.
- Donated & Invested Sessions. JNP desires to maintain an energetic level of comradery in the brutal world of modeling and commercial photography. Therefore, we offer free to low cost sessions to members of the Model Club. Models can receive four free session annually and additional sessions proposed by a photographer affiliated with JNP under the discretion of its owner, or special styled sessions proposed by a model and approved by the owner of JNP. These free and discounted sessions will include a link to many, but not necessarily all, photographs and renditions with the JNP trademark and will be released to the model with limited usage rights. Models will have the opportunity to purchase individual images for unrestricted and/or commercial use at JNP’s standard commercial rate.
- Publications. JNP has the sole discretion to publish works. If published, attempts to notify the model will be made. Model may seek publication with JNP’s permission. Model will be responsible for reimbursing JN Photography the full cost of a printed copy of the publication whether the publication was a result of the photographer or the model.
- Venues. Public venues and venues under the discretion of JNP are free to models. However, private venues and venues focused on juveniles will be restricted to models who have cleared a background check provided by the Virginia State Police. There are no venue fees unless the model cancels or reschedules a session more than two times. To apply for a third session a model must pay, prior to the third scheduling, $20 for public property and their own residences, $40 for private venues and the JNP studio, or $125 for wedding venues.
- Casting Calls. JNP will attempt to notify Model Club members via a quarterly newsletter, social media, or email. Casting Calls not conducted by JNP should be scrutinized and questioned thoroughly by the model. JNP is not responsible for Casting Calls not conducted by JNP.
- Prohibited Content. JNP will not participate in pornographic, politically divisive, hateful, racist, or condescending works of art. JNP does not participate in nudity unless the images are in a completely artist and tasteful fashion such as the Discobolus of Myron sculpture, non-pornographic boudoir, and elegant bodyscape. Models who display, condone, or participate in any fashion of pornographic images or vulgarity that opposes the moral principles held by the owners of JNP, however subjective, may have their Model’s Club status revoked at the discretion of JNP. Revocation may or may not include the removal of model’s work and information from the JNP website.
- Webpage. Model Club members are granted his/her own webpage on the JNP website, www.jnphotographyva.com. The webpage will include a maximum of 2 photographs of the model (limited to two megabytes each), links to the model’s social media profiles, descriptors of the model, and a brief bio submitted by the model and edited by JNP at JNP’s discretion. It is the model’s responsibility to provide JNP updated information.
- Social Media. JNP reserves the right to place any images of the model on social media, except photographs that have been purchased under the Exclusive/Commercial rights purchase. JNP will attempt to credit the model on the post on Model Mondays and this may or may not include the model’s first name, last name, pseudo name, account link, JNP page link, or none of the above. JNP is not mandated to list the model’s information on any social media post and has the discretion not to.
- Awards. The contest rules are to the discretion of JNP and may or may not include public input.
- Edits. JNP reserves the rights to edit its policies without the notification to or approval of JNP models and clients.