Terms of Service & Conditions

We will always do our best to fulfill and, hopefully, even exceed your photography needs. But it’s often best for everyone to have a few things written down so that we both know what’s what, who does what and when, and what happens if something goes wrong.

As is the industry standard, all our photography is conditioned upon the Terms and Conditions of our business. These terms may vary with each photo assignment. You, the client, will always receive exact details in advance of your proposed assignment. A Terms and Conditions will be included with every estimate and invoice.

Here’s a look at our general Terms and Conditions. Remember that these may not all apply in every situation and are subject to change, depending on the job at hand. The following is for informational purposes only.

You may already have a relationship with an advertising agency, graphic design company, marketing agency or public relations agency. That’s great because we’re not any of those things. We are a company that produces photography and we’re happy to help you with any photography-related issues. But we’re not qualified to help with such things as advertising layouts, web site design, graphic design, marketing or public relations campaigns.

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1. DEFINITIONS:

This Agreement is by and between Zee & JMalik Media & Photography (“Photographer”) and [You] (“Client”) which includes Client’s principals, employees, affiliates, and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company, or organization. Photographer’s relationship with Client is that of an independent contractor.

“Image(s)” means all visual representations delivered to Client by Photographer, whether captured, delivered, or stored, in photographic, magnetic, optical, electronic, digital, analogue, or any other, media.

2. USAGE RIGHTS and OWNERSHIP:

Client acknowledges that Photographer is the author of the image(s)/video(s) and also the first and sole owner of all copyrights of the image(s)/video(s). All Images/video and copyrights remain the exclusive property of Photographer without limitation. All usage rights to the image(s)/video(s) specifically granted by Photographer to Client appear on the reverse side of this Agreement. No electronic publishing, or Internet use, of any kind is permitted unless specifically stated.

IMAGES AND VIDEOS ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.

Client understands and agrees that it is not buying the image(s)/video(s) but is paying only for a license to use the image(s)/video(s) as specified in the booking of this Agreement. The term of license begins from the date Photographer receives full payment of invoice.

Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.

Client understand that it is illegal to reproduce (scan, take a picture of, copy) a printed image or video in any matter.

Unless otherwise agreed, Photographer retains the right to use any image(s)/video(s) for her/his self-promotion and editorial resale’s, provided that any such use is lawful and without harm to Client.

Notice of Copyright

Client understands and agrees that is illegal to copy or reproduce these photographs or videos elsewhere without photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties, starting at $500.00 per image/video. The included image(s)/video(s) may not be entered into contests, sold, copied, scanned, or used commercially in any format, digital, printed or otherwise. The images may not be used in any form other than private usage without express written permission from the copyright owner, Zee & JMalik Media & Photography and Zee & JMalik Media & Photography retains all publication and general reproduction rights for these images/video.

3. PHOTOGRAPHIC INTEGRITY and ALTERATIONS:

Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for color, contrast, brightness, sharpness, and cropping, are permitted.
Due to the custom nature of photography, refunds are not available.

4. GENERAL LIABILITY and RELEASES:

Client will indemnify, defend, and hold harmless, Photographer, her contractors, and her representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising from Client’s use of the image(s)/video(s).

Photographer is not responsible for obtaining model, property, trademark, or other releases in connection with any image(s)/video(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain the necessary permissions for any Image and or video uses that require a release.

It is Client’s responsibility to determine whether any releases delivered by Photographer are suitable for Client’s purposes.

In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.

Client is responsible for their own safety and actions while at the location of the portrait session. Photographer is not responsible for any liability, accidents, illnesses, damage or loss to person or property that may result from the photography session itself or anything related to the photography session.

5. PAYMENT:

Time is of the essence for receipt of full payment under this Agreement.

NO RIGHTS ARE GRANTED UNLESS AND UNTIL PHOTOGRAPHER HAS RECEIVED PAYMENT IN FULL. ANY USE PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR USE PRIOR TO RECEIPT OF FULL PAYMENT WILL BE DOUBLE THE INVOICE TOTAL.
No part of any order, including previews, will be delivered until the balance is paid in full. All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.

All sales subject to sales tax.

Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered.

6. CREDIT LINE and COPYRIGHT NOTICE:

Placement of a credit line or copyright notice is required only if specified on the reverse side of this Agreement. If a credit line or copyright notice is required but not actually provided, Client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.

7. CANCELLATIONS and POSTPONEMENTS:

Once Client and Photographer have agreed to time(s) and date(s) for a photography assignment, and a deposit has been made, Photographer will not accept other work from any other clients for that time(s) and date(s).

Where Client postpones or cancels an assignment, or is unable to reschedule said assignment to a time and date agreeable to Photographer, Client will be responsible for payment of any and all expenses up to the time of postponement or cancellation, plus:

(a) Thirty-five percent of Photographer’s fees for postponement, or cancellation, less than twenty-four hours from the scheduled time, or

(b) Fifty percent of Photographer’s fees for postponement, or cancellation, after Photographer has departed for location.

If the same assignment is rescheduled for a later date, full fee and any additional expenses will be charged for the actual shooting.

Any deposits paid on booking become non-refundable for cancellation, or postponement, if notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100 percent fee. Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the assignment occurs after photographer has departed to location and 50 percent fee if postponement occurs before departure to location.

Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or postponement. However, Photographer understands that life doesn't always happen as planned and consideration will be given in any such circumstance. Specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance.

8. RESHOOTS:

Client is responsible for sending an authorized representative to the shoot. If no representative is present, Client must accept Photographer’s judgment as to the execution of the Image(s).

(a) If Client requires a re-shoot, Client will pay Photographer an additional fee of one hundred percent of the fee stated in the invoice for the original shoot, plus all expenses for the re shoot.

(b) If a re-shoot is required for reasons beyond the control of Photographer or Client, including, but not limited to, weather conditions, acts of God or the fault of a third party, Photographer will not charge an additional fee, but Client agrees to pay all expenses for the re shoot.

9. FAILURE TO PERFORM:

If Photographer is unable to supply her photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond her control, then Photographer will attempt to procure the services of another professional photographer to fulfill her obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.

This limitation of liability will also apply in the event that any Images are lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.

10. KILL FEE:

Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any image(s)/video(s).

11. ARCHIVING DIGITAL FILES:

While Photographer may choose to archive the image(s)/video(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any image(s)/video(s) beyond the date of first delivery to Client.

Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.

Galleries will be automatically purged from the site after 30 days. A $50 re-hosting fee will apply to galleries that need to be put back on the site after the 30 day viewing period. If the pricing has changed since your original booking date, your images will be rehosted at the Photographer’s new pricing.
All digital files created by, or on behalf of, Client that contain any image(s)/video(s) will be deleted or destroyed within ten days after the expiration date of license and or galleries.
(a) Simple fixes, such as crops and blemish removal may be completed at the Photographer's discretion. More extensive retouching is done at a fee of $30 an image. If the pricing has changed since your original booking date, your images will be edited at the Photographer’s new pricing.

12. DIGITAL FILE QUALITY:

Photographer is committed to providing high quality services. Unless otherwise specified on the reverse side of this Agreement, Photographer may deliver, and Client agrees to accept, the image(s)/video(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the image(s)/video(s) is licensed. Client understands that the photographer will not release or give out unedited or RAW files.
Photographer uses cameras and monitors that are color calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the image(s)/video(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities.

It is Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.Every effort is made to secure equipment back-up, however due to the unreliability of digital equipment, data loss can occur at any time; except as explained herein, Photographer shall not be liable for any loss of digital data whatsoever.

13. PRINT QUALITY:

Photographer is committed to using high quality products. However, Client is aware that color dyes, inks, and other materials, used in photography may fade or discolor over time. As such, Client releases Photographer and her contractors, and representatives, from any liability for any claims, damages, or costs, arising from any fading or discoloration of any photographic prints. Print issues (i.e. damage during shipping, discoloration of photo, missing items) must be reported to the photographer within 7 days of receiving order for the issue to be resolved. Order corrections will not be completed after the 7 day time period.

14 TRAVEL.

A travel fee may be incurred for location shoots done over 15 miles from zip code 33771.

15. ACCEPTANCE OF TERMS:

Client may not assign or transfer this Agreement or any of the rights granted here under. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations here under.

No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s)/video(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.

This Agreement will be deemed to be a contract made under the laws of The State Of Florida, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the districts of Florida. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Photographer.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever-able from this Agreement and shall not affect the validity and enforce-ability of any remaining provisions.

In addition to oral and written agreements, use of any Image(s)/video(s) by Client will constitute acceptance of all the above terms and conditions.