TERMS AND CONDITIONS | Joel Harris Photo
1. General Terms
These Terms and Conditions ("Agreement") govern all services provided by Joel Harris Photo ("Photographer") to any client ("Client"). By engaging our services, you acknowledge that you have read, understood, and agreed to these terms.
1.1 Scope of Agreement
This Agreement applies to all photography services, including but not limited to portrait sessions, event coverage, sports photography, and commercial services. Additional terms may apply for specific services as detailed in the relevant service contracts.
1.2 Professional Standards
The Photographer commits to providing services with the highest professional standards, drawing from over 25 years of experience in photography. We maintain comprehensive insurance coverage and utilize professional-grade equipment with redundancy systems to ensure reliable service delivery.
1.3 Communication
All agreements, modifications, and special requests must be made in writing. Email communications shall be considered valid written documentation for all purposes related to this Agreement.
2. Service Agreements
2.1 Booking and Confirmation
Services are considered booked only upon receipt of both a signed contract or written agreement and the required deposit or payment as specified for the service type. The Photographer reserves the right to decline service at their discretion.
2.2 Service Delivery
The Photographer will provide services as specified in the individual service contract. This includes photography coverage for the agreed duration, professional editing and processing of images, delivery of final images in the specified format and resolution, and any additional services detailed in the specific service agreement.
3. Payment Terms
3.1 Fee Structure
Fees for services are established in advance and detailed in individual service contracts. Standard fees include the base service rate, travel charges calculated at $1 per mile each way outside of Cocke County, any additional deliverables or services requested, administrative fees when applicable, and rush processing fees when requested.
3.2 Deposits and Payment Schedule
For standard sessions, a 50% non-refundable deposit is required at the time of booking, with the remaining balance due seven days before the session date. Mini-sessions require payment in full at the time of booking. For events and weddings, a 30% non-refundable deposit is required at booking, with 40% due 60 days before the event and the final 30% due 14 days before the event. Sports coverage payment terms are specified in team contracts, with match-day coverage requiring full payment 48 hours before the event. Season packages may qualify for special payment plans.
3.3 Late Payments
Payments overdue by seven or more days will incur a 10% late fee. Payments overdue by 30 or more days will incur a 25% late fee. The Photographer reserves the right to withhold delivered images until payment is complete. Any costs associated with collection efforts will be added to overdue accounts.
4. Licensing and Copyright
4.1 Copyright Ownership
The Photographer retains all copyrights to images created under this agreement. A license is granted to the Client as specified in the service agreement. Any unauthorized use or reproduction of images is strictly prohibited and may result in legal action.
4.2 Usage Rights
The Personal Use License includes permission for personal display and sharing, print reproduction for personal use, and social media sharing with attribution to the Photographer. The Commercial Use License includes use in business marketing materials, website and social media content, and promotional materials, with time limitations as specified in the contract.
5. Delivery and Performance
5.1 Image Delivery
Standard delivery includes access to an online gallery within the specified timeframe, high-resolution digital files as contracted, web-resolution files where specified, print products as ordered, and backup storage maintained for 3-6 months following delivery.
5.2 Delivery Timeframes
Standard session galleries are delivered within 14 days of the session date. Wedding and event galleries are delivered within 21 days of the event date. Sports coverage includes initial delivery within 48 hours. Rush processing is available for an additional fee.
5.3 Quality Assurance
The Photographer employs comprehensive redundancy systems in service delivery, including dual card recording during image capture, multiple backup storage systems, professional editing software, and thorough quality control review before final delivery.
6. Privacy and Data Protection
6.1 Client Information
The Photographer collects personal data only as necessary for service delivery. All information is stored securely and is not shared with third parties. Payment information is processed through secure platforms, and contact information is retained only for legitimate business purposes.
6.2 Image Privacy
Images are released only as authorized by client agreement. Commercial use requires appropriate model releases. Photography of minor subjects requires parent or guardian consent. The Photographer will accommodate reasonable privacy requests when possible.
6.3 Online Gallery Security
The Photographer provides secure online galleries with password protection available upon request. Digital downloads are controlled through secure access, all payments are processed through secure platforms, and galleries maintain time-limited availability as specified in service agreements.
7. Liability and Insurance
7.1 Professional Coverage
The Photographer maintains professional liability insurance coverage of $1,000,000 per occurrence and $2,000,000 general aggregate coverage. Additional coverage includes professional indemnification and comprehensive equipment insurance.
7.2 Limitation of Liability
Total liability under this agreement is limited to the amount paid for services. The Photographer assumes no liability for circumstances beyond reasonable control. Force majeure provisions apply as detailed in Section 8. Equipment failure is mitigated through comprehensive backup systems.
7.3 Client Responsibilities
The Client is responsible for securing appropriate venue access and permissions, ensuring subject cooperation, maintaining timely communication, and completing payments as agreed in the service contract.
8. Force Majeure and Unforeseen Circumstances
8.1 Force Majeure Events
The Photographer shall not be liable for failure to perform arising from circumstances beyond reasonable control, including natural disasters, severe weather, medical emergencies, equipment failure despite backup systems, government restrictions or regulations, civil unrest, or unsafe conditions.
8.2 Response Protocol
In the event of force majeure circumstances, the Photographer will notify the Client at the earliest possible time. The Photographer will make reasonable efforts to reschedule services and propose alternative solutions when possible. In cases where services cannot be rendered, appropriate refunds will be issued according to the payment terms outlined in Section 3.
8.3 Backup Planning
While a dedicated backup photographer is not currently maintained, the Photographer implements comprehensive contingency measures including redundant equipment systems, maintains a professional network for emergencies, offers flexible rescheduling options, and ensures clear communication protocols throughout any disruption of services.
9. Dispute Resolution
9.1 Good Faith Resolution
The parties agree to attempt resolution of any disputes through good faith negotiation before pursuing other remedies. This process includes direct communication between parties and reasonable attempts to address concerns through mutual agreement.
9.2 Mediation
Should direct negotiation fail to resolve a dispute, the parties will engage in mediation with costs shared equally unless otherwise agreed. Mediation shall occur in Newport, Tennessee, with a mediator selected by mutual agreement of both parties.
9.3 Legal Proceedings
In the event mediation fails to resolve the dispute, any legal proceedings shall be conducted in Cocke County, Tennessee, under Tennessee law. The prevailing party shall be entitled to reasonable attorney fees. Disputes under the jurisdictional maximum shall be filed in small claims court.
10. Acceptance and Agreement
10.1 Binding Agreement
These Terms and Conditions constitute a binding agreement between the Photographer and Client. By engaging our services, the Client acknowledges understanding and acceptance of all terms herein.
10.2 Modifications
The Photographer reserves the right to modify these terms with written notice. Such changes become effective 30 days after notification. Existing contracts will be honored under their original terms. Clients unwilling to accept modifications may terminate services subject to the cancellation terms outlined in Section 3.
10.3 Severability
Should any provision of this agreement be found unenforceable, the remaining provisions shall remain in full effect. Unenforceable terms shall be modified to reflect the nearest legal intent, and the agreement shall be interpreted to fulfill its original purpose.
10.4 Acknowledgment
By engaging the services of Joel Harris Photo, the Client acknowledges reading and understanding these terms, accepting all provisions, having the authority to enter into this agreement, and receiving a copy of these terms.
This document represents the complete Terms and Conditions governing all photography services provided by Joel Harris Photo.
Last Updated: 3 January, 2024
Joel Harris Photo
Newport, Tennessee
Joel Harris Photo | Serving Newport Tennessee and the Great Smoky Mountains | Copyright © 2025 Joel Harris - All Rights Reserved.