STUDIO POLICIES

TERMS & CONDITIONS

In the following terms & conditions “the photographer” shall mean Jennifer Willard trading as Jennifer Willard Photography. “The clients” shall be those persons who hired Jennifer Willard Photography (and anyone in the pictures).. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing. 

1. COPYRIGHT

i. Copyrights, on original or edited digital or physical images, remain the sole property of the Photographer. In the event that digital negatives are provided, the photographer still retains copyrights on the photographs under Canadian Copyright Laws. Images are for PERSONAL USE ONLY! Please contact if you need to use your images for your business bio or any other use (including modeling, book or cd covers, etc), you will require a commercial license. You cannot enter your images into a contest without permission. Client may not edit (adding filters online is not an accurate representation of my work), crop (exception: printing to a specific size or if social media automatically crops) or otherwise change or alter the image without the express written permission of the photographer. You cannot start a photography business and use them in your portfolio. The Client may not transfer their personal license to other parties without written permission from the Photographer. This includes such third party vendors as prop makers, venues, florists, clothing makers, etc..

2. DISPLAY

i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc. If you do not wish to have your images showcased (model release) so that others can see the quality of Jennifer’s work then you must discuss this before signing your contract. Special circumstances (ie. Undercover police officers family or military family) can opt out of this for safety reasons but it is on a case by case basis.

ii. The client will provide the name of the photographer (Jennifer Willard Photography) on all images uploaded to social media.

3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION

i. Photographs taken during the course of the session will be at the discretion of the photographer although every effort will be made to comply with the clients requirements. 

ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather an the availability and willingness of subjects.

iii. The Photographer makes no guarantee, either expressed or implied, in regard to the quality of the Images, because they are subjective and in addition, may be influenced by many factors beyond the control of the Photographer. It is also understood that the Client is hiring the Photographer for her technical and artistic expertise and, therefore, the Photographer reserves the right to edit the Images as she sees fit. The Photographer does not guarantee that every pose tried will be included in the final images especially if they don’t meet the Photographer’s high standard. The Photographer's basic edits are under her discretion and do not include adding in additional people that were not in the session. Extra editing besides basic blemish removal is outsourced to a professional retoucher at $25 + HST an image at the cost of the client if the client asks for something specific that is out of the photographer’s normal scope of work.

iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. 

v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.  The photographer will either refund your session partially or entirely depending on how many images have been provided or come to another agreement with the client.

4. PAYMENT

i. A non-refundable session fee of an agreed upon amount will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website and seen in the contract provided to you in your invoice. The session fee will be deducted from the cost of the client's chosen package when calculating the final balance due. 

ii. Payment in full of the remaining balance will be due after you choose which images from your proofing gallery you would like edited.

iii. Additional goods ordered must be paid for in full at the time of ordering.  Once mock-ups of accordion albums, custom cards and albums, etc are approved the order will be placed and the Photographer will not be held responsible if you do not like the approved lay-out once you receive your products. Pick up is done at the studio in Odessa or at a pre-arranged meeting place in Kingston. If you need your products shipped to you, then a custom quote will be given by Canada Post with insurance and an invoice for that amount will be sent to you. Payment must be received before shipping can occur

iv. All session fees, packages, and products are subject to HST. Print and product fees are subject to change at any time. The session guide pricing sent to you is valid only if your session fee has been paid.

5. FORCE MAJEURE

i. If the Photographer is unable to perform due to fire or other casualty, strike, or other cause beyond the control of the parties, or due to the Photographer’s illness or injury, or by the illness or injury of the Photographer’s children or other unforeseen event or life change then the Photographer shall return the deposit to the Client if one was taken but shall have no further liability with respect to this agreement. This limitation on liability shall also apply in the event that images are lost through equipment malfunction, lost in the mail or otherwise lost or damaged without fault on the part of the Photographer. In the event that the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the Photographer’s fee (if one was collected).

ii. The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on a location shoot date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc. 

6. DIGITAL NEGATIVE FILES

i. Non-edited files (RAW) will not be shown to client (under any circumstances). Non-edited files (RAW) are not available for purchase. The Photographer chooses the best images (in JPEG format) to show you that meet her high standards. The Photographer agrees to provide the Client with proofs (un-edited images) of their session within 1 week. The amount of pictures in the gallery can vary depending on the session. Final Edited Images are only guaranteed to be kept for 6 months, after that they may be discarded to make room on external hard drives. All images not purchased/edited are deleted within 2 weeks (unless client has shown an interest in coming back to purchase more in the future, then those images will be kept for 6 months).

ii. All digital negatives (RAW and JPEG) remain the property of the photographer. All copyrights, as well as originals, be they negatives or digital, remain the sole property of the Photographer. In the event that digital negatives are provided, the photographer still retains copyrights on the photographs under Canadian Copyright Laws. Images are for PERSONAL USE ONLY!!!!

iii. Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, the photographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.

iv. Any images given through digital download will be in high resolution. Every monitor/printer is calibrated differently, therefore Jennifer Willard Photography is not responsible for the quality of the prints depending on where you choose to get your images printed. The only way to guarantee archival quality prints and exact colour is to print through Jennifer Willard Photography. The most closely accurate colour is found surprisingly on an IPAD or iPhone so if you feel your image colour is off when viewing your gallery on your home computer please look on a phone or IPAD for truer colours. Recently Kodak Kiosks have upgraded their software to not include photoshopped files.It is not the responsibility of the photographer to manage where you print your images once purchased but Jennifer Willard Photography will give recommendations to excellent consumer labs that print truer colours (not on archival, museum quality paper or inks as available through a true professional lab).

7. PERSONAL ACCIDENT

i. The Photographer is also not liable for any injuries incurred by the client during the session on location or at the Photographer’s Residential Studio. The client will never put your baby in a risky position and has been trained to look for any breathing issues. If you or your young child trips in the studio or on location and gets hurt, the photographer is not liable. Every effort is taken to make easy pathways for clients to walk in the studio without tripping hazards.

ii. The Photographer's home has a small breed puppy inside that is kept out of prop storage areas and are removed from the portrait studio space (kept on a different level of the house). Every effort is made to keep the pet away from anything to do with the studio and keep the area pet fur free (the breed has hair not fur but is not considered fully hypoallergenic) and therefore the Photographer is not liable for an allergic reaction to pets. If you are allergic to dogs please inform your Photographer before your session. The dog will never be near clients.

8. CANCELLATION FEES AND SICKNESS AND LATENESS AND COOPERATION

i. If the client(s) should have to cancel a session fully (ie. in the case of a miscarriage or death) then the session fee will be refunded to the client. In all other cases the session fee is non-refundable but is transferable to another date.

ii. If you or your child is sick I appreciate 24 hours cancellation notice but as a parent I understand that kids often get sick overnight right before their session or the morning of. If this is the case, please cancel with 2 hours notice with no penalization to you (and we will give you the same benefit if I am sick the morning of our session date or if my children are. Every effort will be made to contact you through email (and phone if one has been provided) and if you did not receive the rescheduling notice from me, I am not under any liability to refund you your session fee).. You may reschedule your session up to 2 times. The 3rd reschedule will have to incur a new session fee.

iii. For all no show clients or less than 30 minutes cancellation notice, you will forfeit your non-refundable session fee entirely (unless you have been sent to the hospital in an emergency situation) and will be required to pay for a new session fee if you would like to book into our calendar again.

iv. It is up to the discretion of the Photographer if a session needs to be rescheduled due to the lack of cooperation on the part of the child or a parent! It is also up to the Photographer if a new session retainer will be charged for a new session. The Photographer does not refund money due to children not smiling in pictures. Children are adorable no matter their expressions and this is who they are right now in their lives … that is what I try to capture. The Photographer also makes no guarantees that a particular pose will be in your final edited portraits as it is under the Photographer's discretion to choose the very best portraits from our session together.

v. the photographer has every right to feel safe before, during and after the session and if at anytime, for any reason, the photographer does not feel safe she has the right to end the session and part ways (ie. harrassment physically, mentally or verbally in person, on the phone or in written form).

9. DELIVERY

i. The photographer will endeavour to deliver digital image files as quickly as possible. However this could take up to 2-6 weeks during busy periods (the Fall and Summer Months). Most times I will be done editing within 1-3 weeks.

By paying your session fee you are agreeing to these Terms and Conditions provided here as well as in the contract sent to you.