Terms of Participation
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between Jennifer Zmuda Photography and THE CLIENT. THE CLIENT is the person completing this form and their dancer. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
2. RESERVATION: Upon your written confirmation, Jennifer Zmuda Photography will reserve the time and date agreed upon and will not make other reservations for that time and date.
3. SHOOTING TIME / ADDITIONS: The schedule is designed to accomplish the goals and wishes of THE CLIENT in a manner conducive to all parties involved. Shooting commences at the scheduled time. If THE CLIENT misses their scheduled session time no make up day will be provided.
4. DIGITAL FILES and COPYRIGHTS: The photos and videos produced by Jennifer Zmuda Photography are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Jennifer Zmuda Photography’s explicit written permission. Upon final payment by THE CLIENT, usage rights for personal use will be granted to THE CLIENT.
5. MARKETING RELEASE: THE CLIENT hereby assigns and grants Jennifer Zmuda Photography and its legal representatives the irrevocable and unrestricted right to use and publish photos and video of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction and to copyright the same. THE CLIENT hereby releases Jennifer Zmuda Photography and its legal representatives and assigns from all claims and liability relating to said use.
6. COMPLETION SCHEDULE: Post-processing begins 48 hours after the completion of the event. During post-processing Jennifer Zmuda Photography reviews and edits photos from the event. The photo deliverables will be delivered to THE CLIENT within 6 weeks from the commencement of post-processing.
7. METHOD OF Payment: Payment may be made via credit/debit card or by check mailed to the following address:
Jennifer Zmuda
3011 Templeton Rd
Columbus, OH 43209
8. PENALTY FEES & CHARGES: There is a $25.00 late payment fee for any payments that are not postmarked or delivered to Jennifer Zmuda Photography by the required date. Returned check for NSF fee is $36.00.
9. RIGHT OF WITHDRAWAL: Jennifer Zmuda Photography’s discovery of new information, changes to agreed circumstances, or other factors which circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities, or available times; missed appointments, and late payments are examples of contributing factors. Should Jennifer Zmuda Photography initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided.
10. ACTIVITY WAIVER & RELEASE: Being of lawful age and in consideration of being permitted to participate in the activity, the Participant releases and forever discharges Jennifer Zmuda Photography, as well as their spouses, heirs, executors, administrators, legal representatives and assigns from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims, and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the activity, and notwithstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.
11. LIMIT OF LIABILITY: Jennifer Zmuda Photography takes the utmost care with respect to exposure, transportation, backing up, and processing of photographs; including using professional-grade equipment and professional-grade backup equipment. However, in the unlikely event of THE CLIENT’S photos being lost, stolen, or destroyed for reasons within or beyond Jennifer Zmuda Photography control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of a total number of originals.
12. NON-GUARANTEE: Although every possible care will be taken to produce photography, Jennifer Zmuda Photography cannot place an unconditional guarantee on the above. Jennifer Zmuda Photography will not be held responsible for any degradation to the photo quality due to acts of God or any other cause in or outside of Jennifer Zmuda Photography’s control.
13. PERFORMANCE: The performance of this contract on behalf of Jennifer Zmuda Photography shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, pandemic, electrical failure, strikes by suppliers, and/or conditions beyond its control.
14. REFUND & EXCHANGES: Due to the nature of the product being produced in the participant’s image and therefore a custom creation, no refunds or exchanges will be allowed. All sales are final.
15. SEVER-ABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
16. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated, and signed by THE CLIENT and Jennifer Zmuda Photography at the time of acceptance of this contract shall be recognized as amendments to this contract.
