Terms and Conditions

Terms & Conditions Note – For the purpose of this document Jennifer Rittenberry Photography shall be referred to as JRP. The individual (whether representing an organization or not) who orders an image shall be referred to as the Client.

Jennifer Rittenberry Photography is located at 2896 Highway 44 East, Unit 4, Shepherdsville, KY 40165.

1) APPLICABLE LAW

a) The laws of Kentucky shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b) In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.

2) BOOKING FEE

a) This booking fee is not returnable except in the event of JRP cancelling the booking due to unforeseeable circumstances, such as but not limited to flu/ illness, death in the family, acts of God or accidents impeding the session. JRP will return funds if the session cannot be performed in a reasonable amount of time from when the session was scheduled for.
b) Booking fees taken for all sessions are non refundable except in the event JRP cancels the booking. Newborn session cancellations are subject to exceptional circumstances solely as a result of bereavement.
c) Cancellation of the session by the client will result in the client losing their booking fee, (except in bereavement situations).

2a) MINIMUM SPEND

a) There is no minimum spent obligations at the time of this contract.

3) FULFILLMENT OF OBLIGATIONS

a) JRP shall not be liable to the Client for any failure, in whole or in part, to fulfill its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure.
b) The Client understands and accepts that the photographic coverage will be as JRP’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes. Photographer ultimately has artistic control over the session.
c) In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential losses.) If Client fails to read the supplied PDF brochure, and therefore fails to carry out required preparations prior to a newborn session, JRP will not be held responsible for any resulting reductions in quality or quantity of images supplied.

4) PRINTS.

All images produced by JRP are printed on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by JRP. JRP will not be held responsible for variances in images caused by clients viewing images on non calibrated screens or monitors. To ensure images are seen as intended it is advised that client prints them with mpix.com or purchases prints from JRP Studio.

5) PREVIEWS/PROOFS

a) Although JRP will do its best to produce more proofs than discussed with the Client there is no guarantee that any particular number of proofs will be produced.
b) all proofs are soft edited digital images that will be viewed together at the JRP Studio located at 1200 North Bardstown Road, Suite 1A, Mount Washington, KY 40047. No digital or online gallery of any kind will be provided without purchase of a digital package. All proofs are viewed in person with Jennifer Rittenberry and images selected for ordering at the gallery review.

6) ARTISTIC INPUT

a) JRP shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the clients full expectations. In the event of uncooperative children at a session of any kind, for any reason, JRP may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all older children at all times during sessions.
b) JRP fully edits all images before presenting to Client. Additional edits are carried out at the discretion of JRP, and JRP reserves the right to charge the Client for additional editing to cover time involved, at a rate of $25 per image. Any additional edit requests MUST be raised by Client at the proofing stage. Requests not raised at proofing stage will not be considered once products have been ordered.

7) COPYRIGHT & REPRODUCTION

a) Copyright is retained by JRP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of JRP.
b) The Client may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without JRP’s written permission.
c) Permission to reproduce a picture is granted to the Client by JRP only when a fee for the reproduction has been agreed with JRP and an invoice has been issued by JRP and paid in full by the Client to JRP.
d) In the event of unauthorized reproduction, the Client shall pay by way of liquidated damages to JRP an unauthorized use fee of $150 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
e) The right to reproduce a picture granted by JRP is personal to the Client and may not be assigned to any third party without JRP’s prior written consent.
f) The Client will fully indemnify JRP against any unauthorized reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without JRP’s prior written consent).
g) All images used online including but not limited to sharing through social media or email must be watermarked with the JRP logo and these files will be provided at no extra charge with every digital file purchase. This protects the photographer’s copyrights from their images being stolen online from unwatermarked images.

8) IDENTIFICATION

a) While JRP has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.

9) RECEIPT OF PICTURES

a) The pictures are presumed to have been received in good condition unless the Client notifies JRP in writing of any discrepancy or error within 14 days of receipt.

10) COOLING OFF PERIOD

a) Because the supply of the photographs has been made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period.
b) By placing an order with JRP you are committing to buy the ordered products. ALL SALES ARE FINAL.

11) RETURNS POLICY

a) Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
b) Faulty items should be posted to Jennifer. The Client is responsible for any costs associated with return postage.
c) Returns will not be considered for incorrectly ordered items or items ordered in error.

12) USE OF PICTURES

a) JRP retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work. No images will be taken, stored or published of a sensitive manner… sensitive images include images of genitalia. Newborn buttocks are excluded from sensitive material.

13) 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.

CLIENT ORDERS ARE REQUIRED AT THE GALLERY REVIEW + ORDERING SESSION AS PERFORMED BY JRP AND ARE HELD AT THE JRP STUDIO, ALSO DOCUMENTED IN THE CLIENT AGREEMENT. . IMAGES FROM SESSIONS THAT ARE NOT ORDERED AT THE GALLERY REVIEW ARE KEPT FOR TWO WEEKS BY JRP AT THE DISCRETION OF JRP, BUT ARE NOT GUARANTEED TO BE KEPT ON FILE AFTER 14 CALENDAR DAYS FROM THE ORDERING SESSION WHERE AN ORDER FOR SAID IMAGES WAS NOT PLACED.

***All terms are subject to change without notice. Any changes made after a signed T&C has been received is not applicable without signing a new T&C with updated terms.