Terms & Conditions

Welcome to Gem Joelene Photography. All artwork on this site is created and owned by Gem Joelene Photography. When you choose to purchase one of our mini sessions or you are subject to the following terms and conditions. We advise you to please read these conditions carefully prior to purchase, as once items have been bought, you are agreeing to abide by these.

Mini Session Booking Agreement

This Agreement is made effective for all purposes in all respects as of the date photo session is purchased by and between Gem Joelene Photography, hereinafter referred to as "the COMPANY" and Purchaser/ Authorised Purchaser hereinafter referred to as "The CLIENT" relating to the event(s) detailed below, hereinafter referred to as "The EVENT”. The EVENT is a photo session or Mini Session.

ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY 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.

RESERVATION: To reserve the EVENT date the client shall pay to the COMPANY upon execution of this agreement, a NON-REFUNDABLE session retainer. CLIENT understands and agrees that the COMPANY will not book other sessions during this time. If the EVENT is canceled by the CLIENT; or the client fails to attend the session on the session date and time for any reason, the COMPANY shall suffer losses that are difficult to ascertain. As such, the CLIENT agrees that in the event of cancellation/no show by the CLIENT the reservation fee shall be forfeited by the CLIENT and paid to the COMPANY as liquidated damages and not as a penalty. CLIENT and COMPANY agree that such amount is reasonable. CLIENT may gift a mini session they cannot attend to a family member or friend by emailing the COMPANY 7 days in advance of the Mini Session the name and email address of the person receiving the gifted Mini Session.

METHOD OF PAYMENT: Through COMPANY website or PayPal by Visa or MasterCard credit or debit card.

VENUE AND LOCATION LIMITATIONS: The COMPANY 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 COMPANY.

WEATHER: In the event, the weather impedes planned outdoor mini sessions a rain date will be published, the rain date will be within 10 days of the originally planned date, subject to availability.

SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT; or in the event that the safety of the photographer from the COMPANY is in question.

SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time, shooting will commence at the scheduled start time and end at the scheduled end time.

RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, the lateness of the CLIENT, weather conditions, schedule complications, incorrect email addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT.

FILM and COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY's explicitly written permission. An online gallery & print release for the resulting images will be transferred to the CLIENT.

The COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered/unfiltered BY CLIENT. The CLIENT must obtain written permission from the COMPANY prior to selling the photographs.

TERMS: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish 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.

LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement.
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 EVENT.

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to a camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals. The COMPANY is not liable for the loss of original images beyond the date of final delivery of all products included in the package. The COMPANY will provide you with a file containing all originals one time only.

CAPTURE AND DELIVERY: The COMPANY is not liable or required to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the sole discretion of the COMPANY.

POST PRODUCTION AND EDITING: The final post-production and editing styles, effects, and overall look of the images are left to the sole discretion of the COMPANY. Light editing of the overall image is included if needed in the price. Detailed editing such as but not limited to: removing strap marks, teeth whitening, skin smoothing etc. are not included in any collection price. The cost of post-production detailed editing is $50 per photograph.

PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.

I have read and understood the terms and conditions above. I hereby agree to abide by the terms and conditions of this agreement.