These terms and conditions are a contractual agreement made between Jane Pruett, LLC doing business as Jane Pruett Photo (referred to hereafter as “photographer”) and you (referred to hereafter as “Client”). In order to book my service you must agree to the terms and conditions that are set out below. This agreement contains the entire understanding between the photographer and you, the client. It supersedes all prior and simultaneous agreements between the parties. Any additions or changes to this agreement must be in writing and signed by all parties involved.

1. Session Fee.
A non-refundable retainer is required for all sessions in regular price. For minis, a full amount must be paid to block the date. In the event of cancellation, the amount paid is non-refundable. No booked date is reserved until the full session fee/retainer is received. This fee includes the time and talent of the photographer.

2. Rescheduling & Cancellations.
If a situation prevents a photo session from taking place, the client may reschedule their session at least 72 hours /4 business days prior to their shoot without loss of the non-refundable retainer fee. Clients may reschedule their session one time without loss of the non-refundable retainer fee.. Should client fail to give timely notice, or decide to completely cancel the shoot, the retainer is forfeited and will not be refunded.

Photographer reserves the right to reschedule because of illness, weather, equipment malfunction, or other circumstances beyond their control. A full refund will be or rescheduling to days and time of your choice as long as it is available.

3. Late Arrivals.
Any Client that arrives late to the session will have the amount of time late deducted from the time allotted for the session. This may also result in a reduction of the number of shots taken and edited images. If the client is more than 30 minutes late, the session will be canceled and the entire non-refundable retainer/session fee will be forfeited regardless if on-site or in-studio.

4. Location Costs & Fees for On-site.
If there are any costs/fees associated with the location, the client has chosen for their session, such as the cost of photography permits or garage fees for parking, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment in any location. Non-refundable retainer/session fee does not cover travel cost for travel over 25-mile for regular sessions /15-mile for minis from Denver, Colorado 80237.

6a. Re-shoots.
Re-shoots are determined at the discretion of the photographer. Re-shoots will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer. (All sales are final, #9.)

7. Failure to Perform.
If the Photographer cannot perform this Contract because of fire or other casualty, strike, act of God and nature, or other cause beyond the control of the parties, or because of Photographer’s illness or emergency, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule cannot be agreed upon, Photographer shall return the non-refundable retainer/session fee and shall have no further liability. This limitation on liability shall also apply if photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault by the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount over the retail value of the Client’s order.

8. Proofs.
Jane Pruett Photo does not provide a proofing gallery. Images will be reviewed immediately following the photo session.

9. All Sales are Final.
Because of the custom nature of each session, all sales are final. Because of the post-production work involved with retouching images selected from the session, all sales of image files are final. Please be absolutely sure of your purchase of images at the time of ordering.

10. Archive.
All images will be available for ordering for at least 1 month following the client viewing date. After 1 month, the photographer may purge the images from their hard drive. Photographer is not responsible for loss or damage to the digital files because of circumstances beyond a photographer’s control.

11. Payment.
All payments are due in full unless payment arrangements have been made. Orders for retouched images will not be processed until payment in full is received.

12. Damage.
Photographer is not responsible for the damage of products after delivery to the client, including damage caused during transit by US mail if applicable. Client assumes all responsibility for the safety of all products upon receipt.

13. Model Release.
Client gives permission to Jane Pruett Photo to use the images (or variations of the images) from this session for publication in advertising materials, websites, blogs, portfolios, social media, displays, or other promotional methods for All About Headshots without compensation for such. Jane Pruett Photo will not sell these images to any third party without additional consent from you.

14. Copyright & Penalty.
Jane Pruett Photo retains all copyright rights to all images created during client’s session, but shall grant an exclusive license to the client to reproduce and publicly display the purchased images. Royalty free reprint rights will be provided with the purchased digital files. Royalty free print release documentation can be provided upon request. The print release does not allow selling or altering of your images without the photographer’s written permission.

15. Indemnification.
The Photographer shall be held harmless for all injury to the Client during the course of the photography session and the immediately surrounding events. Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. Client(s) will be responsible for their pets and for themselves and release photographer from any claims against their person or their business.

16. Miscellaneous.
This Agreement incorporates the entire understanding of the parties. Any modifications of this agreement must be in writing and signed 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. 

17. Waivers.
The waiver of any breach of this contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this contract.

18. Attorney’s Fees.
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action besides any other relief that may be awarded.

18. Retouching.

30 minutes is allotted for retouching of each image. If the client requests additional retouching, Jane Pruett Photo reserves the right to invoice the client for additional retouching cost. Cost varies dependent on retoucher’s fees.