Terms and Conditions
1. Parties
These Terms and Conditions ("Agreement") are entered into between Jessica Broadhead Photography, a Washington-based photography business, a Washington-based photography business ("Photographer"), and the individual(s) booking photography services ("Client").
2. Booking & Retainer
A non-refundable retainer is required to secure the date and time of services. No date is reserved until the retainer is received and this Agreement is accepted. The retainer is applied toward the total balance.
3. Cancellation & Rescheduling
Client Cancellation: If the Client cancels, the retainer is forfeited. Any payments beyond the retainer may be refunded at the Photographer’s discretion.
Rescheduling: One reschedule may be permitted based on availability. Additional reschedules may require a new retainer.
Photographer Cancellation: If the Photographer must cancel due to illness, emergency, or circumstances beyond control, all payments will be refunded or the Photographer may offer a qualified replacement with Client approval.
4. Weather & Force Majeure
For outdoor sessions, weather-related decisions are at the Photographer’s discretion. Events beyond the Photographer’s control (including acts of God, government orders, or venue restrictions) release both parties from liability. Retainers remain non-refundable.
5. Creative Style & Editing
Client acknowledges familiarity with the Photographer’s portfolio and artistic style. The Photographer retains full creative control over the selection, editing, and final delivery of images. Unedited RAW files are not provided.
8. Image Delivery
Images will be delivered via online gallery / digital download. Delivery times may vary due to peak seasons or unforeseen circumstances. The Photographer is not responsible for delays caused by third-party services.
8. Copyright & Usage
The Photographer retains full copyright ownership of all images under U.S. Copyright Law.
The Client is granted a non-exclusive, non-transferable license for personal use only.
Commercial use, publication, or alteration requires written permission and may require an additional fee.
9. Model Release
The Client grants Jessica Broadhead Photography permission to use images for portfolio, website, social media, marketing, and promotional purposes unless the Client provides written notice opting out prior to the session.
10. Privacy & Data Protection
Jessica Broadhead Photography respects Client privacy. Client information (including names, email addresses, phone numbers, and session details) is collected solely for business operations such as communication, booking, payment processing, and image delivery.
Client data is never sold, rented, or shared with third parties for marketing purposes.
Third-party services (such as galleries, payment processors, or scheduling platforms) are used only as necessary to deliver services and are expected to comply with their own privacy standards.
Images are stored securely and retained for a reasonable period for backup and archival purposes.
11. Client Responsibilities
The Client is responsible for cooperation, punctuality, and securing any necessary permits or permissions. The Photographer is not responsible for compromised coverage due to lateness, restrictions, or uncooperative subjects.
12. Safety & Conduct
The Photographer may terminate coverage if unsafe, illegal, or inappropriate behavior occurs. No refunds will be issued in such cases.
13. Limitation of Liability
To the fullest extent permitted under Washington law, the Photographer’s liability is limited to the amount paid by the Client. The Photographer is not liable for indirect, incidental, or consequential damages.
14. Image Loss
In the unlikely event of equipment failure, data loss, or other circumstances beyond control, liability is limited to a refund of all payments received.
15. Indemnification
The Client agrees to indemnify and hold harmless the Photographer from any claims, damages, or liabilities arising from the session, including but not limited to venue restrictions or third-party claims.
16. Governing Law
This Agreement shall be governed by and interpreted under the laws of the State of Washington.
17. Severability
If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.