TERMS OF USE IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and the Jennifer Brindley Portrait studio (defined below), which governs your use of Products (defined below) obtained by purchase through this website at jenniferbrindley.com, or any related domains or subdomains (the “Site”).

In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Jennifer Brindley, doing business as Jennifer Brindley Portrait (“Jennifer Brindley Portrait”).

“Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, digital downloads, guides, digital photographic files, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Jennifer Brindley Portrait.

All such Products are the intellectual property of and are owned by Jennifer Brindley Portrait.

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations.

If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Jennifer Brindley Portrait’s Products and services immediately.

Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO

Jennifer Brindley Portrait is a resource through which you may obtain photographic services, primarily including portraits, boudoir portraits, maternity portraits, couples portraits, personal branding and headshots, and on occasion group or family portraits of varying kinds.

The final product includes digital and/or print products.

PRIVACY POLICY

Jennifer Brindley Portrait permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy below.

Jennifer Brindley Portrait will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you.

Jennifer Brindley Portrait will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations.

Jennifer Brindley Portrait is the sole manager of such information collected on the Site.

Jennifer Brindley Portrait will use such information to respond to you as necessary.

You grant Jennifer Brindley Portrait a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

GENERAL STUDIO SESSION GUIDELINES

No Guests Policy:

To maintain the flow and intimacy of your session, guests are not permitted in the studio. This helps keep the focus entirely on you and the experience we’re creating together. (Minors must be accompanied by an adult for the entire duration of their shoot.) Should you have special need for a guest one may possibly be approved, but they may not interfere with the session.

Private Studio:

Our studio is private and not open to the public.

Children:

Children under the age of 10 years old are not permitted in the photo studio for safety purposes and the Photographer does not photograph children under the age of 10.

Communication Requirements:

Clients must personally handle all communications, surveys, and consultations via Facebook, Instagram, or email. This is essential to ensure a personalized experience. (For minors, parents will handle these tasks.)

Special Needs and Allergies:

Please notify us of any skin or food allergies, sensitivities, or other special needs prior to your session so we can accommodate you properly.

GENERAL STUDIO POLICIES

Invoices:

Any and all invoice(s) are due on receipt. Unpaid or overdue invoices may result in cancellation of the session or order. No dates will ever be held without full payment of required session fee(s) and a signed agreement.

Payment Methods:

Payment will be made via cash, check for immediate digital deposit, credit or debit card.

Payment Arrangements:

The studio does not offer in-house payment arrangements. However, the studio is proud to offer deferred interest financing through Synchrony Bank. The studio also accepts payments via Paypal or up to $2,000 via Afterpay.

Authority to Sign:

Each party has the authority to enter into this Contract and to perform all of its obligations under this Contract.

PREPARING FOR YOUR SESSION

Physical Requirements:

Our sessions are quite physical and can be likened to an intense two-hour yoga workout. You will be holding various poses and balancing your body throughout the session. Additionally, please note that our studio is located on the second floor, accessible by 1 flight of stairs. There is no elevator.

Liability:

The studio is not liable for injuries, accidents, property loss or client dissatisfaction unrelated to services provided.

Tan Lines, Sunburn, and Self-Tanner:

Please be sure to avoid sunburns, and any kind of self-tanner lotion, foam or artificial spray tan before your session.

Timely Completion of Forms:

All communication, forms, and surveys must be completed at least two weeks before your session. Failure to do so will result in forfeiture of your session with no refunds or exchanges.

RESCHEDULING AND CANCELLATIONS

Lateness Policy:

Punctuality is key! The studio can NOT accommodate late arrivals. If you are more than 10 minutes late, the studio will close, and your session will be forfeited without refunds or reschedules. Rescheduling will require a new session fee PLUS a pre-purchase of the 10-image folio for $2,500 + tax.

No-Shows:

Should you "no-show" your session, all paid fees or retainers are automatically forfeit and you will not be invited back to the studio in the future.

Illness:

If you are feeling unwell, or if you must care for an unexpectedly ill family member or child, please reschedule your session. This applies also to death in the family or the death of friends, as well as illness or severe injury or other legitimate emergency situations. We allow a one-time reschedule at no additional fee within six months of the original shoot date.

Non-Emergency Reschedules:

The studio has very limited availability and your session will reserve a date just for you on our calendars. Penalty-free reschedules are only permitted if they occur MORE THAN 45 DAYS before your original session date and the reschedule must take place within 6 months of the original date. This includes unexpected work obligations or other non-emergency reasons.

Non-Emergency cancellations inside of a 45-day window will result in a $150 fee.

Non-Emergency cancellations inside of a 72-hour window will result in a $300 fee.

Special Session Reschedules:

Any session that was scheduled as part of a special offer, limited session type or discounted session cannot be rescheduled without the FULL session fee balance being paid in advance of the reschedule and the client will forfeit any "special" credit originally offered. There are no exceptions.

Overcast and Weather Conditions:

As our studio primarily uses natural light, overcast days may impact your session, potentially requiring rescheduling.

Inclement Weather:

In cases of severe weather, sessions will be rescheduled to ensure everyone’s safety and comfort.

BOOKING A SESSION INDICATES THAT YOU UNDERSTAND THE FOLLOWING:

1. Stormy or Heavily Overcast Conditions may affect lighting and my session could be rescheduled at no penalty.

2. The studio will close in the event of inclement weather.

3. If you are injured or sick in any way, you can reschedule your session once with in 6 months of your original session date.

4. There are penalties for non-emergency reschedules inside of 45 days.

PHOTO SESSION AND EDITING POLICIES

The Photo Session:

For the best and most consistent results, the Photographer retains creative control of the session and will always make professional recommendations about hair, makeup, jewelry, wardrobe and style. We ask for your cooperation with and deference to this professional judgment in all matters related to creative control.

We cannot guarantee any specific pose or photograph, and have absolute discretion to refuse to create any specific photographic image

Hair and Makeup:

Please notify us immediately about any dissatisfaction with hair, makeup, appearance, or other issues PRIOR to any photographs being taken and PRIOR to the hair and makeup professional leaving the studio. We want you to be THRILLED with your hair and makeup and letting us know if you want a change or adjustment will never hurt our feelings.

Conduct:

We agree to be respectful, considerate, and understanding in all interactions. Positive cooperation and communication is required to get the best possible result from this relationship.

Editing:

In order to deliver the best product and in keeping with the style displayed in all images on the website, all images are edited with a specific style including skin retouching and other post-processing techniques - this is part of the artistic vision and product and is well represented in the work on the website.

Please inform the Photographer before the photo shoot if you do NOT wish for your images to be retouched, or if you have specific requests regarding retouching.

Editing requests:

Should you have editing requests after the finished images are provided, we are happy to offer one complimentary edit per image. Any further additional edits requested are $80 per image.

REVEAL AND PURCHASING POLICIES

Session Fees:

The session fee does not include any images, and all digital images, products, and prints are all purchased a la carte, or in collections. Session fees are always 100% non-refundable as they pay for the removal and reservation of photo session date from availability and pay for the scheduled services of one or more hair and makeup professionals.

Reveal and Ordering Appointments:

To keep the focus on you, no guests, friends, relatives, or spouses are allowed during reveal and ordering appointments.

Reveal Photos:

You will be presented a collection of 30-60+ final, finished images at the Reveal & Order session, and that presented collection represents the total number of images available for purchase. The Photographer is hired for her artistic skill, will make the best image selections from the session, and no additional images will be available for review or purchase. Any terminology referring to "all session images" or "all session files" refers only to the images presented at the Reveal & Order session.

Purchasing Photos:

The reveal and ordering appointment is your only opportunity to view and purchase your photographs. If you’re unable to commit to your desired purchase at that time, please let us know to reschedule.

Digital images may be purchased a la carte for $350/each.
Digital collections start at $2500 and go up from there.
You can view the full products & pricing details on the Virtual Consultation Page here.

If you should request another ordering session in the future to purchase photos you did not previously, there will be an ordering fee of $350 due to book that appointment (fee will go toward the order.) If you request an additional ordering session, prices may be different / higher than they were when the original session was booked.

If you choose not to purchase any images at your scheduled Reveal & Order session, there is a minimum package pre-purchase of a 10-box collection required for a new Reveal & Order Session, and that the prices may be different / higher than they were when the original session was booked.

All purchases made with the studio are final, with no refunds or exchanges.

By booking a session you acknowledge the following:

1. YES I understand that NO DIGITAL FILES are included in my session fee, and they are all purchased separately.

2. YES I understand that the reveal should be considered the ONLY time to see and ORDER my photographs.

3. I understand there are NO REFUNDS or exchanges on my purchase.

4. I also understand there are NO GUESTS permitted during the reveal.

USE OF IMAGES

Client Image Editing Policy:

All images are a direct representation of the Photographer's work, and so editing or altering the images is strictly prohibited. This includes applying filters on Apple, CapCut or any other app that puts filters or effects over photos, as well as using any editing software such as Photoshop, Facetune or other apps to change light, color or contrast. (cropping and text overlays are permitted.)

Copyright and Ownership:

As per Copyright Law in the United States, the Photographer automatically holds and retains full copyright of all images. The Client receives a Personal Usage License for purchased images, permitting use for personal and business purposes as needed, with limitations on editing and licensing.

INTELLECTUAL PROPERTY LICENSE

Jennifer Brindley Portrait owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of Jennifer Brindley Portrait’s services, and; (d) any other intellectual property rights afforded to Jennifer Brindley Portrait, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).

Except as stated below, Jennifer Brindley Portrait does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.

You agree not to make unauthorized use of or otherwise infringe upon Jennifer Brindley Portrait’s Intellectual Property in any way and understand that it is your responsibility to ensure you refrain from doing so.

Jennifer Brindley Portrait will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

So long as you comply with this Terms of Use, Jennifer Brindley Portrait grants you a non-exclusive, non-transferable license to download, view, copy and print the images you purchase solely for your personal use with respect to your business use, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:

(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;

(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;

(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does it grant you intellectual property ownership in, or provide a general right to modification of, the Products.

Please remember that it is your responsibility to download the Product immediately and securely back up all purchases.

Jennifer Brindley Portrait is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Jennifer Brindley Portrait will not reimburse you for such downloads.

CONTACT

By using the Site and entering personal information, you give Jennifer Brindley Portrait permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy.

Should you prefer not to be contacted by e-mail, please let Jennifer Brindley Portrait know by emailing us at [email protected] and we will kindly refrain from doing so.

RETURN/REFUND POLICY

You acknowledge that all retainers, services, products and materials are non-refundable and not returnable, under any circumstances. All sales are final.

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. Jennifer Brindley Portrait OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.

Jennifer Brindley Portrait MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACURRATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION EXCEPT AS PROHIBITED BY LAW, Jennifer Brindley Portrait SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.

EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO Jennifer Brindley Portrait, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

ADDITIONAL LEGAL NOTES

Disputes:

Any legal dispute will be resolved in Wisconsin courts. You waive the right to a trial by jury.

City State and National Law:

The Photographer will comply with all City, State, and Federal Laws.

18 U.S.C. 2257 COMPLIANCE NOTICE

Should your Photography session include nudity, per Federal Law, the Photographer requires identification from the Client to ensure our compliance: Any Government issued photo ID (i.e. Driver’s License, Identification Card, Passport.)

Privacy:

Within the scope of legality, the Photographer will not discuss any details about your account, experience or transactions with anyone who is not a part of this agreement out of respect for Client privacy.

Right of Withdrawl:

Photographer’s discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies may result in its withdrawal. Non-cooperation; repeat changes in available times; missed appointments and late payments are examples of contributing factors and the Photographer will be the sole decision maker as to whether a withdrawal is necessary. Should a withdrawal occur, the Client understands their session fee will not be eligible for refund.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of WISCONSIN.

Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the West Allis, Wisconsin.

Jennifer Brindley Portrait reserves the right to change or modify these Terms at any time without notice to You.

Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Jennifer Brindley Portrait’s Products, Materials and services.

Any questions regarding the above Terms may be directed to:

[email protected]

6127A W Greenfield Ave West Allis, WI 53214

All rights reserved © Copyright 2017.

Jennifer Brindley Portrait