TERMS and CONDITIONS

  please read carefully and thoroughly 

Please make sure you contact Jenny Hollyway first (for availability), before filling out this agreement + booking form. 

Definitions

  • “The Photographer” means Jenny Hollyway Photography.

  • “The Client” means any person, body of persons, firm, company, or organisation with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.

 

Acceptance of Terms and Conditions

All contracts and transactions between the Photographer and the Client, whether made orally or in writing, are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.

 

Booking

  • All booking must be conducted via jennyhollyway.com. Rates and packages can be found at https://www.jennyhollyway.com/photography.

  • A booking form and deposit of 50% are required to secure date and time for all private photo shoots. Deposit for photography events is 100%.

  • The Photographer may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, vehicles, rental of studio, costumes etc.)

  • If necessary, the duration of the photo session can be increased, the cost of each additional hour of shooting is 10,000 yen. The number of edited photos also increases according to the package.

  • Package prices are valid only within Tokyo Special Areas (23 areas). In the case of photo shoots in remote locations, the payment of travel and other necessary expenses of the photographer (food, accommodation) is carried out by the client. Additional time for the photographer is also paid.

 

Editing and retouching

  • Jenny Hollyway Photography will choose the best images from your session. The client does not take part in the process of choosing which images will be selected for the final gallery. Every images that is chosen will be fully edited to Jenny Hollyway Photography’s high standard.

  • Before editing, the client can choose the style of retouching - art or fashion. Otherwise, the photographer does the retouching of his own choice.

  • Basic editing includes light and color correction, cropping. The art and fashion editing includes deep retouching and stylization of photos for the chosen editing style.

  • The cost of art and fashion editing for each additional photo is from 1,000 yen.

  • The finished photos are stored on the cloud service for one month.

  • Photos in RAW format are the working material of the photographer and can be provided to the client only for an additional fee. (100 $)

Rush Services

  • The Photographer reserves the right to make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.

  • For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD’s/DVD’s etc.), The Photographer will endeavour to ensure that the data sent is not corrupt and is virus-free by scanning the data with Antivirus software before dispatch. The Photographer cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to the Photographer is not corrupt and/or is virus-free.

 

Cancellation Fees

  • If a booking is cancelled by the Client within 14 days of the starting time, the security deposit paid is non-refundable.

  • For cancellations due to weather conditions, extreme illness, personal or family emergency, the Client can reschedule the photoshoot to another date ONLY one time.  If new date is not scheduled within 3 months from the date of purchase, Client session fee will be lost. For next postponements the Client must pay deposit again.

Copyright and Ownership

  • Photographs/images produced by Jenny Hollyway Photography are protected by Copyright and remain the property of Jenny Hollyway Photography. Upon final payment by clients, clients are allowed to display resulting images for personal use only. Said images may not be digitally altered in any manner without prior written permission of Jenny Hollyway Photography. When publishing the photos on social media, Jenny Hollyway Photography must be credited as the photographer. The client must not benefit commercially from the reproduction of these photographs in any form.

 

  • If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed by both parties. ( 50% ~ ) The transfer of copyright will only become applicable after this payment has been made in full.

 

MODEL RELEASE

Jenny Hollyway Photography reserves the right to publish photographs of the clients or in which the clients may be included, for editorial, trade, advertising or any other commercial purpose. The clients hereby release Jenny Hollyway Photography and all associates, representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to Jenny Hollyway Photography’s use of said images.

 

Damage to Supplied Equipment

  • If the photographer is required to supply specialist equipment for any commission, the client is responsible for the behaviour of their guests using said equipment. This applies whether the photographer is present or not.

  • Any damage to provided equipment is to be repaired at the client’s expense, and the client will also be responsible for any loss of earnings whilst repairs are undertaken.

 

Payment Terms

Payment for all products and services provided by the Photographer must be made in full at least 14 days before the assignment.

 

Retention of Title

The Photographer reserves the right to retain all of the Clients materials in his possession, and any licences to reproduce images created by the photographer will be revoked until all outstanding monies owed to the Photographer have been paid in full.  

 

Fees and Expenses

All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client. The Photographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Photographer shall endeavour to provide an indication of what these additional charges will be.

Representation

The Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of the Photographer’s interpretation of the Clients brief. In the event of no Client representation, the Photographer’s interpretation of the brief shall be deemed as correct.

 

Confidentiality

The Photographer acknowledges that in the performances of the services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law.

 

Conduct

The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described in these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.

Liability

LIMIT OF LIABILITY: Claire Fleck Photography takes the upmost care with respect to exposure, storage, and processing the photographs/images, but cannot and does not, guarantee that photographs/images of the event will not be lost, stolen, or destroyed for reasons within or beyond Jenny Hollyway Photography's control. The client agrees that Jenny Hollyway Photography or the photographer(s) full and complete responsibility and liability is limited to the return of all payments received for the event. 

Delivery of Products and Services

The supply of products and services are provided by the Photographer on a best endeavours basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.

Prices & Terms

The Photographer reserves the right to amend Prices and Terms and Conditions with the following notice periods.
* Prices – 30 days
* Terms – At any time

Law

This Agreement shall be subject to and constructed according to Japanese Law 

Agreement + booking form

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