Agreement Terms and Conditions for Service

Terms & Conditions For Service are as Follows:

All terms and conditions are hereby agreed upon by all parties, including any amendments. Any contract is governed in the State of Florida in St Johns County. The Clients agree that by electronically providing their name, event date, and either placing a retainer or purchasing a package this agreement applies to the event and all related services. The Client(s) signing this contract are purchasing a product or service from Jay Grubb Photography in which he or she, and or both agree and adhere to all terms and conditions outlined in this contract. This contract between “Jay Grubb Photography” (hereafter “Photographer”) and the couple holding the event and getting married (hereafter "Clients" or "Client"), governs the assignment of capturing the event on digital media and with the contract terms and conditions, constitutes the entire agreement between the parties concerning the assignment. Any amendments to this agreement shall be made and agreed in writing. The Photographer does not work for a 3rd party who is paying for the package or Photographer’s expenses, services, and or capturing the event or session. Additional products or services purchased and or added by the Clients, invited guest, or a family member shall adhere to the terms and conditions described within this contract. This agreement may be executed in one or more counterparts, including electronic versions, each of which shall be deemed an original, but all of which taken together constitute one and the same instrument. The term Photographer may refer to a person capturing still or moving images but not limited to as a photographer, attendant, assistant, or videographer. The Clients understand and agree to keep a copy of this document for their records either digitally or electronically. The Photographer shall provide a copy digitally of this contract upon payment or retainer of a package or photo session to the Clients only. The Clients agree to not use the format or any contents in part or whole of this contract for the Client nor for a business’s professional or personal gain unless prior consent in writing is provided by the Photographer.

Severability

If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision and all other provisions will continue in full force and effect.

Assignment:

Photographer is authorized to capture still or moving-photographs(video) at the event on the agreed upon date provided by the Client and or a photo session. Services are nontransferable without written consent by both the Client and the Photographer in a mutually signed agreement, however the Photogrpaher is not required to enter another agreement upon the request of the Client. The term photograph may be represented by the term image and or moving images. The Photographer reserves the right to leave the event or location if the Photographer, the photographer’s associates, assistants, or individual determine his/her own safety, health, or equipment to be threatened physically or verbally; in which should a situation occur, the Clients shall represent the Photographer on the internet and offline in a positive manner with understanding no refunds whatsoever will be given nor will the Clients hold the Photographer liable whatsoever. The Clients understand and agree that art and service requires a workflow process and deliverables may vary with estimated delivery times.

Style. Client acknowledges and agrees that:

• Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style.
• Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and
• Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
• Family Photo Sessions may not be used for weddings or other events.

Photo Session & Wedding Proof Style Service & Packages:

Photo Session, Wedding, and Engagement Proof Style Packages are described as packages designed where the Photographer takes unlimited photos during the session or event and present heavily watermarked images in a photo gallery by the Photographer to the Clients in either physical or digital form in which the Client may choose which photos that they would like. No license is granted whatsoever to the Clients for proof images, as proof images are not suitable nor allowed to be used for any kind of reproduction or distribution whatsoever including physical or digital copying. Proofs are for electronic viewing purposes only. No screen shots or copying of any kind is permitted at any time. Should copying of a proof occur by anyone other than the Photogrpaher, a fee may be assessed to the Client. Proofs of Photographer’s selection of images taken at the event or session are provided in an online gallery which restricts copying, sharing, “screen shots” or downloading of these proof images. Within 30 days, the Clients shall indicate which proofs they have selected by choosing their selections using the tools provided by the Photographer. Final images shall be prepared and delivered to Clients after selections have been made electronically. Should the client take longer than the 30 days allotted to choose proofs, the Photographer may need to make workflow & scheduling changes which may result in extended wait times in which the Client shall not not hold the Photographer liable. Longer delivery times may transpire due to Client's delayed response, changes, special requests, Client inabilities to correspond, unforeseen circumstances, heavy workload, busy season, or technical difficulties. On the 31st day and hereafter the Photographer reserves the right to choose the final images to deliver to the Clients. The Photographer reserves the right to contact the Client either by mail, phone, text, or email. Should the Client request to exceed the 30 days allotted for image selection, the Client shall email a written intention with the understanding the Photographer may charge a fee to the Client for online gallery hosting fees, and or additional labor. The Client understands proofs are not intended for sale, purchase, download, or print. The Photographer reserves the right to choose final images delivered and The Client agrees this is satisfactory with a positive representation that the Photographer has successfully completed this contract. The Client shall not wait for moving images to be delivered for proof selection. A restoration fee for any expired online photo gallery that has been removed may apply determined by the Photographer due to the vast amount of effort to locate, export, upload, reorganize, cover storage expenses, and redeliver to the Client.

Expedited Service:

An expedited service may be requested by the Client to expedite a final image(s) in whole or part in which the Photographer shall determine the fee based on the quantity of work, value, and time of delivery requested.

Client's Responsibility

The Clients understand and agree no additional service or products are included other than what is written with the package, product, or service that was purchased.

The Client is liable for all participants safety, Photographer(s)'s safety, and Photographer(s)'s gear.

The Clients understand the Photographer does not work for any other vendor, family, member, or guest before, during, or after the event. The Clients understand and agree that no product or service shall be delivered with an unpaid or remaining balance either included with this contract, or additionally added services or products at a later date. Should the Client add an additional product(s) and or service(s) this contract is applicable. The Client understands and is responsible for any unpaid balances regardless of relationship status, situation, or unforeseen circumstance with the understanding the Photographer reserves the right to bill and collect monies from the Client.

3rd Party Personal Print Release & License to Use:

The Clients only shall be granted a usage license for personal, non-commercial reproduction of final versions of Client-selected images and or moving photographs(video) delivered to the Client by the Photographer in accordance with all terms of this agreement. The Clients shall not sell, license, sublicense, or authorize images still or moving to be sold in any way or for any purpose produced under this Agreement. Producing prints, albums, sharing online, etc. is permitted only by the Clients through 3rd parties if stated in the purchased package. Images still or moving from the assignment that are distributed via the Internet by the Clients shall be given credit that includes a link to the Photographer’s website. Unedited raw video footage delivered to the Clients included in a package may be edited by the Client or a 3rd party in a manner that does not defame or harm the Photographer, team members, subcontractors, or business. No 3rd party may claim ownership, creation, or rights to the raw video footage. Any edited delivered still images or moving photographs(video) such as an edited film by the Photographer may not be edited whatsoever by the Client without express permission in writing by the Photographer. Family members of the Client do not have permission to print images through a 3rd party without express written permission of the Photographer. Family members, vendors, and guests have permission to order prints directly from the online gallery provided by the Photographer. Clients may print still images on the Client's personal printer. Guests and family members may order prints directly from the photographer or through the Photographer’s online tools. Clients shall not have a 3rd party edit images unless given written permission. Family members or guests do not have any rights delivered images still or moving. The Photographer reserves the right to advertise or sell digital or physical prints of images taken at the event of guests, family members, or vendors at the event or through the Photographer’s online gallery, 3rd party, studio, or website. 

Model Photo Release & Liability:

The Clients irrevocably authorizes The Photographer and Jay Grubb Photography to capture use of photographs, moving images of the Clients, children, family, guests, and or property at the event or session. The Clients hereby grants to THE PHOTOGRAPHER and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the client at a session or event in which may also include Client's family, and or guests for editorial, trade, advertising and any other purpose and in any manner and medium. The Clients authorize Jay Grubb Photography and his/her/their assignees, licensees, legal representatives and transferees to use and publish with or without my name, company name, or with a fictitious name photographs, pictures, portraits, moving images, or images herein described in any and all forms and media and in all manners including edited images still or moving, and the purposes of publicity, illustration, commercial art, advertising, publishing including publishing in electronic form, internet websites, for any product or services, and or other lawful uses. The Client further waives any and all rights to review or approve any uses of the images, any written copy or finished product. The Client waives any and all financial liabilities of any present, future, or unforeseen circumstances before, during, or after the session, event, and or capturing of the assignment. The Clients release any liability from suggestions by The Photographer or representative of the Photographer. The Clients release The Photographer and Jay Grubb Photography of all liabilities from the physical actions and decisions made by the Clients, family members, and guests during a session and or the event. The Photographer or videographer is authorized to make suggestions or recommendations for the purpose of composition or lighting and I hereby release the photographer and or videographer from any monetary or financial liabilities resulting from suggestions or recommendations. The Clients understand it is the Client’s sole responsibility for the Clients own safety, property, and or persons under the age of 18. The Client hereby releases Jay Grubb Photography from any and all liabilities from the Client, family, clients, and or 3rd parties from the actions of Jay Grubb Photography, myself, 3rd parties, family members, invited guests, or 3rd parties that result in injury or liabilities.

Fees & Additional Coverage:

The package and price of the agreed upon package for the session and or event by the Photographer are for the original job description only as presented by the Client when booking. Subsequent changes or actual event condition changes may result in additional charges such as, but not limited to a larger guest count than initially presented, larger bridal party, date changes, postponements of the event, location changes, or multiple locations added which will increase the Photographer's workload, costs, or time worked before, during or after the event. The Clients understand should the event require less coverage or if the Client requests the photographer or videographer leave early, no refunds or transfer of services will be given regardless of circumstance. 

Should the Clients request the Photographer’s additional time, the minimum hourly rate of $350 per person and billed in one hour increments on the day of the event. In the situation, where an event is running behind longer than 15 minutes than the agreed coverage time specified in the contract, Photographer shall seek Client approval of additional expenses whenever reasonable and appropriate. Nevertheless, unexpected expenses shall be added on as an addition to the original estimated total, and shall be billed accordingly. No final versions of images will be released to Clients until unpaid balances have been received in full. Late Fees due to non payment for payment plan is 10% of the total value of the payment that is late and is considered late on the 15th day after the due date. A reactivation fee of may be incurred to restore a Print Credit or Gift Card's that has passed it's expiration date. A photo gallery or digital download link reactivation fee may apply should a client request and extension or reupload of images still or moving.

Parking and Transportation:

Due to the nature of service, The Photographer requires easy accessibility to his or her vehicle at all times during an event unless otherwise stated in writing. The Client is responsible for event or location parking fees above, tolls, entrance fees, and or transportation for all vehicles required to fulfill the assignment. In the event that an additional vehicle is required to perform requested services by the Client, The Photographer shall notify the Client prior to event and or Client request. The Photographer will provide a digital or physical receipt so that The Client shall reimburse the Photographer within 30 days upon receiving a reimbursement request.

Timeline & Coordinating of The Event:

A final timeline of the event in its entirety during the Photographer’s coverage hours must be provided in writing from the Client to the photographer prior to the event 14 days before the event in order to make adequate preparation. Coordinating service, guests, and other planned events on the day of the event is not the job of or role of the Photographer. Should a coordinator not be present, and the Client requests and or requires coordination by the Photographer an additional fee may be assessed to the Client which is determined by the Photographer; in which case the Clients shall not hold the Photographer liable for limitations, quality of service, or expectations of service. The Photographer reserves the right to refuse coordination of any other vendor's service at an event and or the coordination of persons at the event as this service is not the hired responsibility of the Photographer.

Payment:

All payments are nonrefundable and nontransferable including retainers, partial payments, and remaining balance payments. All payments and retainers are nontransferable to other services as the Photographer is hired specifically for the event outlined by the Client upon booking the Photographer. The Clients are responsible for the entire balance of the contracted amount regardless of circumstance or cancelation of services. Client will make payments such that they will be received no later than 30-45 days prior to the wedding or event date. Once any payment has been made, the payment is non refundable or transferable for any reason regardless of circumstance. Declined payments or charges by financial institutions are the responsibility of the Clients. Clients must pay in full prior to receipt of final still or moving images or services. Any accessed fees will not be refunded and are nontransferable for any reason including but not limited to cancelation or postponement of services. Should the Client not make the final payment by the 15th day before the event, the Client understands and agrees that the Photographer services reserves the right to cancel services and the retainer along with any payments are non refundable, nontransferable, and forfeited. Should service or products be added or extended on the day of the event which results in additional labor, charges, and or fees, no products or services digitally or physically will be provided until after the charge and or fee has been paid. No products or services will be performed until all remaining balances have been paid in full unless agreed upon in writing.

Payments, Changes, & Cancelation:

All payments are nonrefundable if the Client cancels services and or this contract. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, covid, pandemics, nature, war, terrorism, government ordered, shutdowns, civil disturbance, or the fault of a third party. Should the Client wish to cancel the Photographer must be notified of cancellation no less than 90 days before the originally scheduled date of the event. If cancellation occurs within 90 days of the originally scheduled event date, the Photographer shall be paid in full for the package or services in this contract or package agreed upon on the 45th day before the original event date. Should the event be cancelled prior to 90 days and the only payment made is the initial retainer, the Clients understand and agree that the retainer and any payments made to the Photographer are nonrefundable and nontransferable. No refunds shall be provided for any payments as the Photographer has reserved the specific date of the event for the Client in addition to other work, products, & services have been delivered to the Client. The Clients shall not represent on the internet negative, or false information in verbal or in writing of the Photographer in any way should the event or session be canceled by the Clients or Photographer regardless of the reason why the Client or Photographer canceled services. Any and all expenses incurred by the Photographer for the purpose of completing the Assignment such as but not limited to an photo session, consultation, correspondence, time worked, research, application fees, rental or purchase of photo equipment, hard drives, usb thumb drives, photo albums, paper, ink, props, etc. shall also be paid by the Client. The client agrees to provide cancellation notice in writing by mail or email and releases THE PHOTOGRAPHER from any responsibilities and liabilities. Once the Clients have canceled services in writing, the Photographer is not obligated to provide any future service, communication, or products.

Photographer reserves the right to cancel this contract, product, or service at any time, particularly if the scope of work required completing the assignment changes substantially or an unforeseen circumstance arises. If this contract, service, or product is cancelled at any time before or after the event by the Photographer, any amount other than services or products already performed or delivered shall be refunded to the Client, with the exception of any expenses incurred in the production of the assignment which shall not be refunded to the Client. All payments are nontransferable for other services. 

Postponement of Event Date:

Should the Clients request a date change of the Photographer's services under 90 days, at the Photographer's discretion, an event date's change fee is $500 to move to a Monday-Thursday or $1500 to move to a Friday, Saturday or Sunday in which will be paid by the Clients to the Photographer within 14 days of the Client's request. Should the Client wish to change the package or services from the original agreement, the agreed value of the new package or service must be equal to or greater than the original agreed upon package or service in this contract or selected package and a new contract must be created with a new retainer placed by the Client and non transferable unless agreed to in writing by both parties. The Photographer reserves the right to deny services on the requested new date without reason as the assignment has changed substantially as originally represented by the Clients. Additional fees will apply for changes that increase the PHOTOGRAPHER’s work load, travel time, rates, fees, or other unforeseen expenses and in which the Clients understand and agree in paying any additional expenses at the current rate set by the Photographer. Reduced guest count and or length of time needed by the Client, will not incur a monetary reduction or refund from the Photographer to the Client. Should the event be postponed to a later date for any reason, Clients understand that Photographer may not be available for the new date and will forfeit 100% of monies paid including retainers, partial payments, and final payments. Should the Clients postpone the wedding to a date for which the Photographer is not available or may not be able to find an alternate service provider, the assignment shall be considered cancelled by the Client, and the cancellation policies outlined in this contract shall apply. The Photographer shall be notified of any postponement or likelihood of postponement as soon as possible by email. 

In the event the event is postponed for any reason including but not limited to hurricanes, Covid, government shutdown, and or venue closure, additional expenses may be incurred such as new rates, seasonal rates, travel and time expenses, economic inflation, and other unforeseen expenses. The Photographer is not required to perform services on the Client's requested new event date. The Clients understand and agree the total remaining balance of the original package and services shall be paid in full 30-45 days prior to the original event date should a postponement agreement between the Photographers and Client occur.

Breaks & Meals:

The Photographer and any Team Members will be provided a break(s) at an appropriate time(s) during the event. Should the event be 6 hours or longer a hot meal shall be provided for each PHOTOGRAPHER and Team Member present at the event. The PHOTOGRAPHER and or Team Member must have worked 6 hours or longer with preparing, setting up, or performing services on the event date at the location(s) of the event, to receive a hot meal. Should the event be 12 hours or longer, 2 hot meals for each Team Member shall be provided by the Client.

Force Majeure:

Neither party shall be liable in damages nor have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions

beyond its control including natural disasters, including but not limited to acts of God, Government restrictions (including the denial or cancellation of any permits), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

Neither party shall be liable for any failure or delay in performance under this Agreement to the extent said failures or delays are proximately caused by those causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, vendors, or any other party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of non liability, the party experiencing the difficulty shall give the other prompt notice. The aforementioned delays to the start of Vendor’s performance under this Agreement shall not entitle Clients to any extension of time of the ending period described in this agreement or the package purchased. The Photographer's failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, virus outbreaks, power failures, or damage or destruction of its work by others, shall not be deemed a breach of this Agreement.

Deliverables:

The Clients understand and agree that art requires a workflow process and they will adhere to the workflow in a timely manner. Packages, services, products, and art deliverables vary in estimated delivery times and the Clients understand and agree that the Photographer has other clients that may have various delivery dates that intertwine. Deliverables of services, products, or services included are only specifically what a package includes and nothing more than what is purchased. Moving or still images may be delivered between the estimated time of being delivered between the end of the event to 24 weeks due to nature of work process; however longer deliver times may transpire due to requests, the Client’s delayed selection of favorites, Client’s lack of correspondence, unforeseen circumstances, 3rd party shipping delays, Acts of God, Force Majeure, heavy workload, busy season, or technical difficulties. Estimated times are estimates only and no specific date is guaranteed due to the nature of service. Packaging for physical products included unless otherwise stated in a package or amendment shall be shipped in plain packaging. Boutique style packaging may be purchased for an additional fee upon request. The Photographer is not required or obligated to work with a shot list provided by the Client however the Client may provide a shot list with the complete understand and agreement any specific shot may not be delivered due to the nature of service at a live event. The Photographer is not bound to deliver images still or moving for the preparation or promotion of events or personal Client’s projects created outside of the package or this contract including but not limited to gifts, special requests, thank you cards, holidays, or social media posts. Final still images will be delivered in the JPEG file format unless other wise stated in the package, in accordance with industry standards, and shall be available via Internet for a period of no more than the specified length of time purchased in a package in a publicly-visible online gallery if included in the package or via a usb thumbdrive if included in the package. Online gallery extensions and or longer periods are available upon request but may incur a fee. Raw or original unedited files will not be provided unless specified in the package in writing. Raw images at the Photographer's discretion may be available at an additional cost to be determined by the photographer however the Photographer is not required to sell the raw files to the Clients. Using a RAW image or Raw video file requires additional editing which the Client understands. Physical prints shall not be provided under this Agreement unless stated in the package purchased. A DVD or USB thumb drive shall be provided if included in the purchased package only. Raw video footage often requires a physical storage device to be purchased by The Photographer in advance to the event and The Client understands raw video footage deliver dates may take longer delivery time than digital photographs for delivery. A Print Credit and Gift Card provided by the Photographer are considered complimentary, non refundable, and nontransferable amounts. Print Credits and Gift Cards have expiration dates in which the Client understands and agrees to use by the expiration date. Should the Clients not use in full or in part the Print Credit or Gift Card balance by the expiration date the Clients forfeit its value. A reactivation fee set by the Photographer may be incurred to restore a Print Credit or Gift Card's expiration date. An expired online gallery reactivation fee is to be determined by the Photographer based on the quantity and value of work involved. Web-ready, watermarked versions of the final images, appropriate for social networking websites (such as Facebook) may be provided upon request but are not guaranteed with digital jpeg images. The Clients agree that Photographer is hired for creative interpretation, and may deliver artistic images including ones that have areas of selective focus, or in black-and-white, with creative framing or cropping, or with other effects. While allowing for artistic interpretation, an image shall be considered “usable” if it generally meets the following criteria: 1) The primary subject of the intent of the photographers subject is in focus to the degree it is recognizable with out zooming in digitally larger than the intended resolution, 2) The exposure of the photograph is such that there is a range of believable tones from dark to light, 3) The color of skin tones is believable to a reasonable person. Retouched or edited photos are lightly edited or retouched photos which are at the Photographer’s discretion including straightening cropping, color adjustments, or other creative techniques. Body Manipulation or warp type editing is not included in retouched photos and an additional fee per photo will be charged to The Clients for specific requests withe understanding the Photographer reserves the right to refuse a request. Online Galleries & Prints are provided through a 3rd party company and are subject to technology updates, software updates, and potential errors outside of the control of the Photographer in such a circumstance occurs, the Clients shall not hold the Photographer liable in any way. Clients are advised to contact the 3rd party directly should an error occur. The Client understand and agrees when ordering prints or physical impressions from digital images, to properly choose the correct size of prints, adjust cropping, canvas dimensions, or other materials for the subject matter contained within the image. It is not the photographers responsibility to know the intended purpose of any specific digital image for printing purpose by the Client. The Client shall use appropriate cropping and aligning of an images subject matter when ordering physical variations on mediums such as prints, canvas, or other materials.

Policies & Expectations:

The Clients shall set realistic expectations based on the amount of work of special requests, package(s) or service(s) outlined by the Photographer, and or outside influences such as national and local situations in which may result in delays or restrictions. The Client understand and agree the date of the event or session may influence longer delivery times. The Clients will allot ample time for the Photographer to perform duties hired for as described in the contract for delivery with out harassment or daily inquires by phone, text, or email so that the Photogrpaher may work effectively and efficiently for all Clients. The Clients understand live events such as weddings have multiple moving parts, factors, and considerations in which the Photographer is not in responsible for. The Clients shall ensure a safe environment for the Photographer at the event. The Client shall respect the Photographer’s personal time outside of the event in a positive manner including personal and business media posts. The Clients understand the Photographer’s primary communication is email. The Client understand and agree before and after the event texting the photographer is not an included service or recommended communication as inquiries may go unanswered. Texting rates with the Clients mobile carrier may apply and not the Photographer is not liable for this expense should texting occur. The Client is highly encouraged to schedule a phone consultation for questions or discussions. The Client understands and agrees the Photographer has multiple clients which the Photographer interacts with and may not be available immediately to respond to or schedule due to the nature of service and business. The Client shall contact the Photographer via phone during the business hours of 9 am and 6 pm Monday through Friday, unless other arrangements have been made prior hand. The Client understands The Photographer travels frequently by vehicle and is at other events daily which is unavailable to respond for quality of service and safety. The Photographer frequently works in an environment away from email and phone communication to concentrate on capturing events, sessions, digital services, tasks, editing, and other aspects which require uninterrupted and undivided attention. 

The Client understands how to check junk and or spam folders in email accounts. The Photographer is not responsible for technical knowledge or abilities of the Clients’ or family members specific computer, mobile device, and or electronic device. The Photographer reserves the right to refrain from using The Client and or a Guest(s) camera(s) or device(s). The Client shall not request The Photographer to capture or participate in an illegal activity. The Client shall not request the Photographer to perform services that are illegal of any nature that put the Photographer, the Photographer's team, equipment, or the Photographer's family in danger. The Photographer is not responsible for intoxicated guests, clients, or resulting images still or moving affected due to the consumption of alcohol or drugs by clients or guests. The Photographer is not required to post an image still or moving on social media or online on behalf of the Client unless otherwise stated in a written agreement. Should The Client not adequately have backed up delivered media still or moving and requests The Photographer to provide a copy of media at a later date than the package includes, a fee may be accessed to account for the Photographer’s additional time and effort to search, recover, and deliver media; however, the Photographer is not obligated to do so. The Photographer frequently works in bulk of sessions, events, editing, and delivery to maintain a workflow balance of sessions, service, event coverage, and editing. The Photographer is not responsible for poor lighting conditions provided by The Client, nature, venue, DJ, mother nature, or other factors and The Client is hereby notified in writing to seek proper lighting at an event or location. The Photographer may provide lighting equipment the Photographer regularly uses. The Client shall notify the Photographer by email of an address change, for physical products to be shipped/delivered. Should the Client not have provided the Photographer an updated address and the Photographer has shipped the deliverables to an outdated address, the Clients may be required to pay for additional shipping, and or replacement of physical product. Additional fees may be assessed should the client not pick up the shipped/delivered products timely from a delivery carrier causing the Photographer to redeliver or reship products. The Photographer is not responsible for lost products from shipping carriers. The Photographer is not responsible for education of family members and or guests on technologies used. The Photographer may provide complimentary tools or sources for education purposes only but is not guaranteed by this contract. The Client shall have a clean uncluttered area to work in, at, or around particularly in small enclosed areas or locations. The Photographer is not responsible for cleaning a room, hotel room, accommodation, or work area by another company, vendor or individual. The Client or The Client’s guests shall have the Client’s materials prepared for capturing as well as any other desired items to be captured prior to the Photographers arrival. The Photographer is not required to work with a shot list nor guarantee any specific image should a shot list or request be provided.

Copyright:

All work produced under this contract is copyrighted by Photographer, and all rights are reserved to the Photographer except those specifically granted herein. No “work for hire” contract is agreed or implied. Grant of any reproduction rights to any images produced and delivered to the Client is conditioned upon receipt of payment in full, and subject to all terms and conditions of this Agreement. All rights not expressly granted to the Clients shall be reserved by Photographer. Under no circumstances shall Clients present, or permit any third party to present Photographer’s work as being that of anyone other than Photographer. The Clients also understand that the Photographer is the primary photographer and or video service provider and will encourage guests to refrain use of professional camera equipment such as DSLRs unless otherwise specified in another agreement or amendment to ensure the increase in opportunity to capture a specific moment or view. There may be times that no other use of cameras are permitted for the photographer for setting up photographic shots from the Photographer’s experience, creativity and originality. Use of guests’ smart phones, point and shoot cameras, flash equipment, or similar are permitted so long as it does not hinder the Photographer’s ability to capture moments, angles, backgrounds, or subjects for optimum customer satisfaction. Example: a wide angle view attempted by the photographer of a ceremony taken from the back of a venue or church in which guests have digital devices in the air or aisle hinders creativity, viewing, and social etiquette. The Client is aware and understands that couple's formals and large traditional group photo’s require the subject's attention and a guest’s camera can keep the subject(s) distracted preventing a Photographer the ability to capture the intended photo. The photographs and video produced by THE PHOTOGRAPHER are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without THE PHOTOGRAPHER’s explicitly written permission. Guests at the event do not have have the option to print photographs by the PHOTOGRAPHER unless explicitly written by the Photographer. Guests are encouraged to order prints directly from the PHOTOGRAPHER, The PHOTOGRAPHER’s website or The CLIENT’S online gallery. The Photographer has permission to sell physical or digital images to guests but is not required to do so. Client grants THE PHOTOGRAPHER permission to display images as an example of THE PHOTOGRAPHER’s work, marketing, and for entrance into photographic competitions and the Client releases all claims to profits that may arise from use of images.

Indemnification:

Clients hereby indemnify and hold Photographer harmless against any and all liabilities, claims, and expenses, including but not limited to attorney’s fees, Clients’ use of Photographer’s Work, or 3rd party claims.

Disclaimer:

The Client understands there are situations when a problem may arise, due to the sometimes unpredictable nature of assignment photography and the Clients understand and will provide accommodations or solutions for the Photographer. to perform the duties outlined in this contract and or package. Photographer shall take reasonable steps to complete Assignment satisfactorily and in keeping with this Agreement. In no circumstance shall Photographer be liable for any dollar amount that is greater than the sum of that which has been received by Photographer. Clients shall be responsible for obtaining any necessary permits, entrance fees, or permissions for the event, photo session, aerial drone use, and or paying any associated fees, in which the Clients understand the Photographer will not be held liable for any losses of coverage or time occurring because of missing permits or permissions. Every reasonable effort will be made to photograph aspects of the event, however Photographer will not be responsible for the lack of coverage or lost photo opportunities due to the need for more than one photographer, attendant, or videographer, proper Client planning, weather conditions, schedule complications due to lateness of individuals or groups, or rules and restrictions of the event locations. Photographer is not responsible for moments lost from moving to indoor or outdoor environments from another indoor outdoor environment that have different temperatures in which causes fogging or condensation on the Photographer’s equipment. Clients are encouraged to appoint a 3rd party such as a guest or event coordinator to gather together groups of individuals for group portraits. Rehearsals and consultations are highly encouraged for better final production and presentation quality. Photographer will make every reasonable effort to meet Clients’ wishes regarding desired images, but shall not be held responsible for failing to photograph still or moving images any particular individual, combination of individuals, group, or moment in time. Photographer does not guarantee to deliver any particular image. Photographer may choose to bring an assistant, production team for equipment assistance, additional coverage, or similar related assistance at the event. Damages or theft to the photographer’s equipment while on assignment are to be replaced by equal monetary compensation by the Client prior to the receipt of the final images or service products. The Photographer may make changes to an online gallery, pricing for future clients, website, features, and or service provider without prior consent or notification to the Client.

Technical Support

Technical Support is limited to the Client in this agreement or couple of the event only for up to 90 days after delivery. Guests and family of the event are not included in the Technical Support of this agreement. The Photographer is not liable for the knowledge or technology that the client and or couple uses in any shape or form.

Aerial Equipment, UAS, & Drone:

Aerial still photographs or moving images(video) are subject to local and federal laws as well as unforeseen circumstances, weather, location restrictions, and obstacles. Should the Photographer be unable to perform or capture aerial or moving pictures for any reason, the Client will not hold the Photographer accountable or liable should one or more of the circumstances apply in the previous statement. The Client shall not ask the The Photographer to perform or fly in an unsafe manner or location. The Client understand flying a drone, UAS, or aerial device is a Client and guest at risk service in which the Clients shall not hold the Photographer or any representative of Jay Grubb Photographer liable for personal, emotional, or property damage as the result of the use of a drone, UAS, or aerial device.

Revisions:

Revisions of any product digitally or physically are not included in this contract or agreement. The Clients understand and agree should the clients request a revision to either or both a still image or moving images(video), a fee may be administered by The Photographer to accommodate the additional work, time, and expenses included to accomplish the revision(s) in which the fee must be paid in full prior to delivery.

Storage & Image Permanence:

Images still or moving delivered to Clients shall meet industry standards for data and/or image permanence and health. Clients are advised to immediately make backup copies of digital files on archived media, verify those copies, and store them securely in three different locations physically. The Photographer is not responsible for digital or physical media in long term storage. Clients are further advised to replace those backup copies repeatedly, updating them to whatever is the current standard. The Clients are also recommended to make a 3rd backup and place at another suitable location in case of any unforeseen circumstance. Photographer shall not be liable for keeping archive copies of images, or for degradation of data over time. Images in the form of prints, albums, books, or other physical products are also subject to degradation over time and should be stored, displayed, and maintained by Clients with care. Nevertheless, degradation over time is always a possibility, and Photographer does not guarantee the permanence of any product. Should The Client not back up the media and requests The Photographer to provide a copy at a later date a fee may be accessed to account for the Photographers additional time and effort to search and recover media.

Adult & Photo Minor Release:

The Photographer has the absolute right and permission to take, use, reuse, publish, and republish photographic portraits or pictures of those photographed, including any minors, or in which any minor may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with the adult’s or minor’s own or a fictitious name, or reproductions of such photographs in color or otherwise, made through any medium at Photographer’s studios, website, or elsewhere, and in any and all media now or hereafter known, including the Internet, for art, advertising, trade, or any other purpose whatsoever. Clients also consent to the use of any published matter in conjunction with such photographs. Clients specifically consent to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. Clients waive any rights they may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such photographs or the uses to which it may be applied. Clients understand that the images of those photographed, including any minors, may be used in print or on the Internet. Clients nevertheless consent to this use. Clients release, discharge, and agree to hold harmless and defend Photographer, the legal representatives or assigns, and all persons acting under the Photographer’s permission or authority or those for whom the person is acting, from any liability by virtue of any reason in connection with the making and use of such photographs, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy. Clients hereby warrant that they are legal and competent adults and have legal authority to make such an agreement on behalf of any minor present at the event, photo session, and or wedding. Clients state further that they have read the included authorization, release, and agreement, prior to its execution, and that they are fully familiar with the contents of it. This release shall be binding upon the Clients, and Client’s respective heirs, legal representatives, and assigns. Clients also agree that and understand no other professional camera equipment for still images or moving are to be used to ensure proper coverage and or service for visual capture at the event unless otherwise discussed or stated in an amendment.

Photo Booth:

Clients will arrange for an appropriate space for the Photo Booth at a location event’s venue that is safe for guests, vendors, the Photographer. Client is responsible for providing power for the Photo Booth and a level surface. The electric circuit must be free of all other connected loads that may be harmful to guests, the Photographer, and or the Photographer's equipment. Outdoor locations may result but not limited to lower quality images due to lighting conditions, weather, or location. Placement of a Photo Booth next to an audio system is not recommend as it may have temporary or permanent injury to a guest, vendor, Photographer, or equipment. Any delay in the performance or damage to the photo booth equipment due to improper planning and or power is the responsibility of the Client. The Client shall provide crowd control or security services on large events. The Client shall provide the PHOTOGRAPHER with parking and specific directions to the event and to the space allocated for the Photo Booth. Client shall provide the PHOTOGRAPHER with safe and appropriate working conditions and a solid level surface or floor. The CLIENTS acknowledge that they shall be responsible for any damage or loss to the PHOTOGRAPHER’s equipment and any items used for performing a Photo Booth operation with the following reasons a) Any misuse of the Provider’s Equipment by Client or its guests ( invited or uninvited) or b) Any theft or disaster (including but not limited to fire, flood or earthquake). Client acknowledges the PHOTOGRAPHER shall have the right to decline service to client’s guests for misuse, inappropriate photos or inappropriate behavior. Should damages occur no final deliverables will be be performed until 100% of the fees assessed for repairs or replacement of items has transpired in addition to any lost monies due to the damage. The Photographer is not responsible for inappropriate behavior by guests with and or at a Photo Booth.

Use of Equipment:

Should the CLIENT request use of the Photographer’s equipment or has rented an item for use, the CLIENT takes 100% financial liability of the items used and actions thereof used with. Should an item be lost or stolen the CLIENT is responsible for reimbursement of the items and any lost monies to the PHOTOGRAPHER due to the absence of use of the item.

House Rules:

The Photographer is limited by the guidelines of the venue, property owner, ceremony official, FAA, or reception site management. The Clients agree to accept the technical results of their presented event, timeline, restraints, and imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the CLIENT’S responsibility; THE PHOTOGRAPHER will offer technical recommendations only.

Defamation:

The Clients and Photographer covenant and agree that in no event, and at no time before, during the Term of this Agreement, or at any time thereafter including cancelation of services, shall either of them disparage, denigrate, slander, libel or otherwise defame the other or the other’s businesses, services, properties or assets, or employees, personnel, agents, or representatives verbal or written form physically or digitally. All negative digital commentary shall be removed immediately upon the The Photographers request.

Governing Law.

This Agreement will be governed by the laws of St John's County, Florida. Should a disagreement occur, the Client is responsible for any and all attorney fees, court fees, and any associated costs including the Photographer's time, attorney fees, or other related expenses. The Client is responsible for the Photographer's loss of time to work in which the Photographer is unavailable to perform services for future, past, and current Clients at the Photographer's current hourly rate.

Limit of Liability:

The Photographer is not responsible for the safety or decisions The Client makes during a photo session or event in order to capture unique perspectives. In the unlikely event that the Photographer is injured or becomes too ill to cover the event, THE PHOTOGRAPHER will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the package purchased except for any services performed, products delivered, or time used for preparation of the event or photo session. THE PHOTOGRAPHER shall exercise the utmost care with respect to exposure, transportation, and processing of the photographs and moving images with the available lighting and presented by the Client and location to the Photographer. In the unlikely event that photographs or moving images in a whole collection have been lost, stolen, or destroyed for reasons within or beyond THE PHOTOGRAPHER’s control, THE PHOTOGRAPHER’s liability is limited to the return of payments received for the event minus any expenses that may have incurred such as performed photo sessions, performed services, equipment rental, or expenses used, paid fees of any sort, services rendered, or other duties performed for the event or session. The limit of liability is the value in this contract or individual specific service or product in which an itemized value by the photographer assign should an issue occur.. The Client further grants the Photographer release from any financial liability exceeding those monies paid based on style or creative interpretation.