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This Agreement is between Client’s full name (“Client”) and Jenny Mason Photography (“Company”), for the purpose of Company providing the Done-For-You Photo Organization Service for Client (the “Project”).
1. SCOPE OF SERVICES
Company offers the following Package options. Based upon the information discovered during the onboarding call with Client, Company will assign the client the appropriate Package.
Basic Package (Tier 1)
Suitable for iPhone and Apple Photos users. Photos must be stored exclusively in Apple Photos (iCloud) up to 100K photos.
Deluxe Package (Tier 2)
Designed for clients with photos stored in up to four (4) additional physical and/or cloud sources beyond Apple Photos (external hard drive, thumb drives CDs, Google Photos, Dropbox, Amazon Photos, etc) up to 250K photos/videos.
VIP Package (Tier 3)
Designed for clients with five (5) or more additional physical and/or cloud sources beyond Apple Photos (external hard drive, thumb drives CDs, Google Photos, Dropbox, Amazon Photos, etc) up to 350K photos/videos.
Custom Package
Company will create a separate quote for a custom package for any client seeking organization of more than six (6) sources and/or more than 350,000 photos/videos.
All Packages include the following services:
The Company does not:
2. Fees & Retainer
Packages:
Client shall reserve Company’s services by signing this Agreement and paying Company a non-refundable reservation retainer (“Retainer”) as follows:
Basic Package (Tier 1): $2,000.00 Retainer
Deluxe Package (Tier 2): $2,000.00 Retainer
VIP Package (Tier 3): $2,000.00 Retainer
If Client receives a separate quote for a custom package, Company shall determine the appropriate Retainer and shall Notify Client.
Client understands and agrees that no services are reserved until this Agreement is signed and the Retainer is received. The Retainer is for booking out time on Company’s schedule whereby no other clients can be served by Company, and pre-Project planning and communication. The final payment due for Company’s services must be paid no more than forty-eight (48) hours after completion of the onboarding call.
The final payments for the Packages are as follows:
Basic Package (Tier 1) - no additional payment
Deluxe Package (Tier 2) - $500.00
VIP Package (Tier 3) - $1,000.00
Company reserves the right to offer a client an incentive, discount, or bonus if they book Company’s services, sign the Agreement, and pay the Retainer within forty-eight (48) hours of the onboarding call.
Additional Items:
Image cleanup and removal is available as an add-on service for an additional fee of $500.00.
Creation of up to five (5) physical Photo Books is available as an add-on service as follows:
Classic Photo Book
$400.00 per book if bundled with the photo organization package
$750.00 per book if purchased after the completion of the photo organization project
Deluxe Photo Book
$700.00 per book if bundled with the photo organization package
$950.00 per book if purchased after the completion of the photo organization project
Any additional services requested by Client beyond the Scope of Services listed in Section 1 will be billed by Company to Client at the current hourly rate of $100.00 per hour.
General Information:
Any invoice not paid in full within five (5) days of receipt will be charged a $75.00 late fee.
In the event Client fails to remit payment as specified, Company shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid as liquidated damages, and may not complete the Project and/or may not remit a completed external hard drive to Client.
The fees in this Agreement are based on Company’s current pricing at the time of booking. Company’s price list is adjusted periodically, and the pricing within this Agreement is only guaranteed upon booking. Client understands and agrees that they cannot downgrade the Package and price agreed to within this Agreement after booking, but may upgrade at any time with express, written consent of all Parties. All future upgrades and/or bookings will be charged at Company’s prices in effect at the time.
1. SCOPE OF SERVICES
Company offers the following Package options. Based upon the information discovered during the onboarding call with Client, Company will assign the client the appropriate Package.
Basic Package (Tier 1)
Suitable for iPhone and Apple Photos users. Photos must be stored exclusively in Apple Photos (iCloud) up to 100K photos.
Deluxe Package (Tier 2)
Designed for clients with photos stored in up to four (4) additional physical and/or cloud sources beyond Apple Photos (external hard drive, thumb drives CDs, Google Photos, Dropbox, Amazon Photos, etc) up to 250K photos/videos.
VIP Package (Tier 3)
Designed for clients with five (5) or more additional physical and/or cloud sources beyond Apple Photos (external hard drive, thumb drives CDs, Google Photos, Dropbox, Amazon Photos, etc) up to 350K photos/videos.
Custom Package
Company will create a separate quote for a custom package for any client seeking organization of more than six (6) sources and/or more than 350,000 photos/videos.
All Packages include the following services:
- One thirty minute onboarding Zoom or telephone call at the outset of the Project.
- Organization of Client’s Apple Photos Library (photos and videos) by year and month
- Removal of duplicates to a separate folder on an external hard drive
- Preservation of current Apple Photos subject based albums client has already created (ie. vacations, holidays, kids, pets, professional photos, events, etc).
- Creation of Apple Photos albums based on location, facial recognition or date (Family, Kids, Holidays, Vacations, Events)
- Clean up of screenshots in Apple Photo Library (move to a separate folder in Apple Photo Library and an external hard drive). Screenshots are identified by photo metadata (data embedded directly into an image file, not through a visual scan.
- The completed organized library exported to an external hard drive (included in the Package price)
- Backup of the organized library to a cloud location (Amazon Photos, Dropbox or Google Drive or iCloud Drive)
The Company does not:
- Manually delete photos based on subjective visual content (e.g., Company does not delete blurry photos, “junk” photos, nor does Company choose the “best” photo in a series to keep, etc.) Photo organization is based on internal photo metadata.
- Sort photos by faces or people.
- Manually correct or assign dates to undated files. Photos without Original Shooting Date will be moved to a folder Company creates on a client’s Apple Photos Library called “Date Unknown,” as well as to a separate folder on an external hard drive.
- Image cleanup and removal is not part of Company’s Packages, but is available as an add-on service as outlined in the Fees & Retainer section below. Image cleanup and removal means the identification and deletion of objectively unnecessary or unwanted files, including photographs of documents or papers, blurry or accidental captures, product images, spam images, and other clearly non-personal or junk files. Company will exercise reasonable professional judgment when performing image cleanup and removal.
- Company will not delete photos that require subjective, personal, or artistic evaluation, including selecting between similar images, determining which family, travel, event, or personal photographs are more meaningful, or making decisions regarding Client’s preferred versions of photographs. Any such decisions remain solely the responsibility of the Client.
- Creation of new albums beyond the basic albums included in Client’s Apple Photos Library is not part of any of Company’s Packages, but is available as an add-on service for an additional fee as outlined in the Fees & Retainer section, below.
2. Fees & Retainer
Packages:
Client shall reserve Company’s services by signing this Agreement and paying Company a non-refundable reservation retainer (“Retainer”) as follows:
Basic Package (Tier 1): $2,000.00 Retainer
Deluxe Package (Tier 2): $2,000.00 Retainer
VIP Package (Tier 3): $2,000.00 Retainer
If Client receives a separate quote for a custom package, Company shall determine the appropriate Retainer and shall Notify Client.
Client understands and agrees that no services are reserved until this Agreement is signed and the Retainer is received. The Retainer is for booking out time on Company’s schedule whereby no other clients can be served by Company, and pre-Project planning and communication. The final payment due for Company’s services must be paid no more than forty-eight (48) hours after completion of the onboarding call.
The final payments for the Packages are as follows:
Basic Package (Tier 1) - no additional payment
Deluxe Package (Tier 2) - $500.00
VIP Package (Tier 3) - $1,000.00
Company reserves the right to offer a client an incentive, discount, or bonus if they book Company’s services, sign the Agreement, and pay the Retainer within forty-eight (48) hours of the onboarding call.
Additional Items:
Image cleanup and removal is available as an add-on service for an additional fee of $500.00.
Creation of up to five (5) physical Photo Books is available as an add-on service as follows:
Classic Photo Book
$400.00 per book if bundled with the photo organization package
$750.00 per book if purchased after the completion of the photo organization project
Deluxe Photo Book
$700.00 per book if bundled with the photo organization package
$950.00 per book if purchased after the completion of the photo organization project
Any additional services requested by Client beyond the Scope of Services listed in Section 1 will be billed by Company to Client at the current hourly rate of $100.00 per hour.
General Information:
Any invoice not paid in full within five (5) days of receipt will be charged a $75.00 late fee.
In the event Client fails to remit payment as specified, Company shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid as liquidated damages, and may not complete the Project and/or may not remit a completed external hard drive to Client.
The fees in this Agreement are based on Company’s current pricing at the time of booking. Company’s price list is adjusted periodically, and the pricing within this Agreement is only guaranteed upon booking. Client understands and agrees that they cannot downgrade the Package and price agreed to within this Agreement after booking, but may upgrade at any time with express, written consent of all Parties. All future upgrades and/or bookings will be charged at Company’s prices in effect at the time.
Done for you organization TERMS & CONDITIONS
5. Client Responsibilities
To facilitate timely completion of the services under this Agreement, Client agrees to the following responsibilities:
6. Photo Books
In addition to the information regarding Photo Book pricing outlined in the Fees & Retainer section, above, the following information applies to Company’s Photo Books:
Client represents, warrants, and affirms that: (a) Client is the lawful owner of, or has obtained all necessary rights, licenses, permissions, and consents to provide to Company all photographs, videos, files, digital assets, and other materials submitted to Company for the performance of the services under this Agreement; (b) Client has full authority to grant Company access to any accounts, storage platforms, devices, or systems used in connection with the services under this Agreement; and (c) the use, processing, organization, transfer, or handling of such materials by Company in accordance with this Agreement will not infringe upon or violate any intellectual property rights, privacy rights, publicity rights, contractual rights, or other rights of any third-party.
Client further represents that all materials provided to Company do not contain unlawful, infringing, or unauthorized content and that Client assumes full responsibility for the legality, ownership, and appropriateness of all files, data, and content provided.
Client agrees that Company shall have no obligation to independently verify ownership, licensing status, or legal clearance of any materials provided by Client and is entitled to rely fully on Client’s representations under this Agreement.
Client acknowledges that any breach of this section shall constitute a material breach of this Agreement and may result in immediate suspension or termination of Company’s services without refund.
8. Service Location
The Parties understand and agree that all services to be provided under this Agreement shall be performed virtually.
9. Communication
Company’s office hours are typically 9:00 am – 5:00 pm Pacific Time. Company’s primary source of communication is through its email: info@jennymasonphotography.com. Company will respond to Client’s emails within those office hours, and no more than five (5) days after Client emails Company. Client shall also respond to Company’s communications and requests for information in a timely manner.
If the Client is unresponsive to communications from Company for more than thirty (30) days after Company sends a communication, or fails to complete required steps in a timely manner, Company reserves the right to terminate this Agreement and cancel the Project. Company shall be entitled to retain all monies paid and Client agrees to relieve and hold Company harmless as a result of incomplete services. Any resumed work may require a reactivation fee or new booking.
10. Confidentiality
Company understands that, in the course of providing the services described in this Agreement, it may have access to Client's personal photographs, videos, digital files, account information, family records, and other private information (the “Confidential Information”). Company agrees to maintain the confidentiality of such Confidential Information and will not disclose, share, sell, publish, or otherwise make Client’s Confidential Information available to any third-party, except as reasonably necessary to perform the services, as required by law, or with Client’s prior written consent.
Company shall use reasonable administrative, technical, and physical safeguards to protect Client’s Confidential Information from unauthorized access, use, or disclosure. However, Client acknowledges that no electronic storage system, cloud platform, or data transmission method can be guaranteed completely secure, and Company cannot guarantee absolute security.
Unless otherwise authorized in writing by Client, Company will not use Client’s photographs, videos, files, or personal information for marketing, promotional, portfolio, educational, or social media purposes.
As a courtesy and backup safeguard, Company may retain a copy of Client’s organized files and external hard drive backup for up to sixty (60) days following completion of the Project, which shall be considered to be after the final review call is held. This temporary retention period is intended solely to assist with potential file recovery, shipping issues, or project-related questions.
After the sixty (60) day retention period expires, Company may permanently delete all copies of Client’s files, photographs, videos, account information, and project materials in its possession without further Notice to Client. Client acknowledges that Company has no obligation to maintain, archive, store, or recover any files after the expiration of the retention period.
Client remains solely responsible for maintaining independent backups of all photographs, videos, and digital files before, during, and after the Project.
To facilitate timely completion of the services under this Agreement, Client agrees to the following responsibilities:
- Client shall respond to Company’s emails, phone calls, text messages, requests for information, and other communications in a timely manner.
- Client shall provide all photos, files, devices, login credentials, authentication codes, hard drives, physical sources, and other materials reasonably required for Company to perform the services within fourteen (14) days of the onboarding call.
- Client shall submit all requested data, photos, and materials by the deadlines communicated by Company. If Client fails to provide required materials within thirty (30) days of Company’s request, Company may place the Project in inactive status. To reactivate an inactive Project, Client must pay a $250.00 reactivation fee, and Company reserves the right to adjust the Project timeline and start date based on current availability.
- Client shall schedule the onboarding call within fourteen (14) days of Company’s request to schedule. If Client fails to schedule or attend the onboarding call, or otherwise becomes unresponsive for a period of thirty (30) days, Company may suspend or terminate the Project and Company shall retain any monies already paid as liquidated damages.
- Client shall be reasonably available to provide any required two-factor authentication codes, passwords, approvals, or account access confirmations necessary for Company to perform the services.
- Prior to the onboarding call, Client shall provide Company with any requested information regarding existing photo albums, folder structures, organizational preferences, account credentials, passwords, and other project preparation materials. Company shall not be responsible for Project delays resulting from Client’s failure to provide such information.
- Client shall schedule the final review call within fourteen (14) days following delivery of the external hard drive. A $250.00 reactivation fee shall apply to any Project reopened after expiration of the review period.
- If Client ships physical photographs, hard drives, devices, memory cards, or other materials to Company, Client is solely responsible for properly packaging, backing up, insuring, and shipping such items. Company is not responsible for loss, theft, delay, or damage occurring during transit to Company.
6. Photo Books
In addition to the information regarding Photo Book pricing outlined in the Fees & Retainer section, above, the following information applies to Company’s Photo Books:
- Client understands and agrees that Company does not include text or written copy in Photo Books. If Client wishes to include text or written copy in a Photo Book, they must notify Company and Company will provide a custom quote based upon their desired project.
- Client understands and agrees that Company DOES NOT edit Client’s photos selected for use in Photo Books.
- Company will complete a Photo Book design draft and provide it to Client for review. Client gets up to two (2) review rounds of each Photo Book.
- Beyond two (2) review rounds, additional Photo Book edits and revisions requested by Client will be billed at the rate of $100.00 per hour.
- Company may select images for photobooks from up to 4000 photos per photo book project. If Client has more than 4000 photos to select from per book, it is Client’s responsibility to select images for photo books and send them to Company for design.
- Client understands and agrees that it is their responsibility to review drafts of Photo Books in a timely manner, or within fourteen (14) days of receipt of a Photo Book draft from Company. Client must either respond to Company with requested revisions or granting final written approval. If Client fails to review and respond to Company concerning a Photo Book draft within fourteen (14) days of receipt of a Photo Book draft from Company, Company reserves the right to archive the project and an unarchiving fee may apply.
- Client is responsible for proofreading all text (if applicable) and checking all images prior to approving a Photo Book draft.
- Client must give final written approval of a Photo Book via email. Company will not send a Photo Book for printing until Client has given final written approval.
- Once Client gives final written approval of a Photo Book draft, the Photo Book is considered completed and NO CHANGES CAN BE MADE. Company will immediately send the Photo Book for printing upon receiving final written approval from Client.
Client represents, warrants, and affirms that: (a) Client is the lawful owner of, or has obtained all necessary rights, licenses, permissions, and consents to provide to Company all photographs, videos, files, digital assets, and other materials submitted to Company for the performance of the services under this Agreement; (b) Client has full authority to grant Company access to any accounts, storage platforms, devices, or systems used in connection with the services under this Agreement; and (c) the use, processing, organization, transfer, or handling of such materials by Company in accordance with this Agreement will not infringe upon or violate any intellectual property rights, privacy rights, publicity rights, contractual rights, or other rights of any third-party.
Client further represents that all materials provided to Company do not contain unlawful, infringing, or unauthorized content and that Client assumes full responsibility for the legality, ownership, and appropriateness of all files, data, and content provided.
Client agrees that Company shall have no obligation to independently verify ownership, licensing status, or legal clearance of any materials provided by Client and is entitled to rely fully on Client’s representations under this Agreement.
Client acknowledges that any breach of this section shall constitute a material breach of this Agreement and may result in immediate suspension or termination of Company’s services without refund.
8. Service Location
The Parties understand and agree that all services to be provided under this Agreement shall be performed virtually.
9. Communication
Company’s office hours are typically 9:00 am – 5:00 pm Pacific Time. Company’s primary source of communication is through its email: info@jennymasonphotography.com. Company will respond to Client’s emails within those office hours, and no more than five (5) days after Client emails Company. Client shall also respond to Company’s communications and requests for information in a timely manner.
If the Client is unresponsive to communications from Company for more than thirty (30) days after Company sends a communication, or fails to complete required steps in a timely manner, Company reserves the right to terminate this Agreement and cancel the Project. Company shall be entitled to retain all monies paid and Client agrees to relieve and hold Company harmless as a result of incomplete services. Any resumed work may require a reactivation fee or new booking.
10. Confidentiality
Company understands that, in the course of providing the services described in this Agreement, it may have access to Client's personal photographs, videos, digital files, account information, family records, and other private information (the “Confidential Information”). Company agrees to maintain the confidentiality of such Confidential Information and will not disclose, share, sell, publish, or otherwise make Client’s Confidential Information available to any third-party, except as reasonably necessary to perform the services, as required by law, or with Client’s prior written consent.
Company shall use reasonable administrative, technical, and physical safeguards to protect Client’s Confidential Information from unauthorized access, use, or disclosure. However, Client acknowledges that no electronic storage system, cloud platform, or data transmission method can be guaranteed completely secure, and Company cannot guarantee absolute security.
Unless otherwise authorized in writing by Client, Company will not use Client’s photographs, videos, files, or personal information for marketing, promotional, portfolio, educational, or social media purposes.
As a courtesy and backup safeguard, Company may retain a copy of Client’s organized files and external hard drive backup for up to sixty (60) days following completion of the Project, which shall be considered to be after the final review call is held. This temporary retention period is intended solely to assist with potential file recovery, shipping issues, or project-related questions.
After the sixty (60) day retention period expires, Company may permanently delete all copies of Client’s files, photographs, videos, account information, and project materials in its possession without further Notice to Client. Client acknowledges that Company has no obligation to maintain, archive, store, or recover any files after the expiration of the retention period.
Client remains solely responsible for maintaining independent backups of all photographs, videos, and digital files before, during, and after the Project.
11. Results Disclaimer (No Guarantees)
Company will use commercially reasonable, industry-standard tools and best practices in performing the services under this Agreement. However, Client acknowledges and agrees that the results of Company’s services are inherently dependent on the quality, condition, format, and completeness of the files and data provided by Client.
Company makes no representations or guarantees regarding the restoration, recovery, reconstruction, or completeness of any files, including but not limited to metadata, timestamps, location data, file names, or other embedded information. Company cannot restore data, metadata, or file attributes that are not present, accessible, or recoverable from the original source files.
Client understands that certain files may be duplicate, corrupted, incomplete, mislabeled, or otherwise limited by the condition in which they are received, and Company is not responsible for correcting or identifying all such issues beyond the scope of the agreed-upon Services.
Any results, organization structure, or categorization delivered as part of Company’s services reflect Company’s professional judgment within the scope of the Project and do not constitute a guarantee of Client’s preferred system or future usability across all platforms or devices.
Ongoing technical support, troubleshooting, file management assistance, or questions regarding use of the organized files after Project completion (defined as after the final review call has occurred) are not included in the services. Any such post-completion support shall be billed at Company’s then-current hourly rate.
12. Intellectual Property
All educational materials, tools, workflows, work product, and other intellectual property created by Jenny Mason Photography are its property, will remain its property, and are protected by United States Copyright Laws (U.S.C. Title 17). Client hereby waives any claims for ownership, income, and editorial control of the copyrighted material. Client is granted a non-transferable, personal license to use only. Violations of this federal law will be subject to its civil and criminal penalties.
13. Cancellation by Client
If, for any reason, Client cancels this Agreement more than thirty (30) days before the start of service date, Company shall keep the Retainer and all other payments made by Client up to the date of cancellation as liquidated damages, but Client will not be responsible for any remainder due. Notification of cancellation must be made in writing by Client and sent via email, pursuant to the Notice provision in this Agreement. Confirmation of receipt of cancellation notification email must be obtained by Client from Company. If Client fails to supply Notice of cancellation as specified before the start of service date, or cancels within thirty (30) days of the start of service date, Client shall be required to pay a cancellation fee of $500.00.
14. Rescheduling by Client
In the event Client reschedules Company’s services for any reason, Client forfeits the Retainer and must book Company’s services under a new contract and will be subject to Company’s current pricing at that time.
15. Harassment
In the event Company experiences or is made aware of any inappropriate, threatening, hostile, or offensive behavior from Client at any time during the contractual period (including, but not limited to, unwelcome sexual advances, verbal or physical conduct of a sexual nature, or physical or verbal harassment related to race, sex, creed, color, marital status, sexual orientation, family status, and/or disability), Company will terminate services immediately, and this Agreement shall be deemed terminated. Upon termination due to harassment, Company shall be entitled to retain all monies paid and Client agrees to relieve and hold Company harmless as a result of incomplete services.
16. Indemnification
Client shall indemnify, release, discharge and hold harmless Company, its heirs, legal representatives, assigns, employees, contractors, or any persons or corporations acting under permission or authority of the Company from and against any and all losses, damages, liabilities, and expenses and costs, including reasonable legal expenses and attorneys’ fees, to which Company may become subject as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by Company pursuant to this Agreement, except to the extent such losses result from the gross negligence, willful misconduct, or intentional acts of Company.
17. Maximum Damages
The sole remedy for any actions or claims shall be limited to a refund, the maximum amount not to exceed the total monies paid by Client under this Agreement.
18. Limitation of Liability
To the maximum extent permitted by law, Company is not liable for any issues arising from pre-existing defects, corruption, loss of data, unsupported file types, or missing metadata in Client’s files, devices, accounts, or storage systems, or from third-party platforms such as iCloud, Google Photos, or similar services.
Client is solely responsible for maintaining complete and current backups of all files before, during, and after the Services. Company is not liable for any loss, damage, delay, or destruction of data or physical media occurring during file transfer, processing, or shipping.
In no event shall Company be liable under this Agreement to Client or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
19. Force Majeure
No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s (“Impacted Party”) control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within ten (10) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of thirty (30) days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. All payments made by Client to Company up to the date of Notice of a Force Majeure Event are non-refundable.
20. Cancellation of Services by Company
In the event Company determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:
Immediately give Notice to Client;
Issue a refund or credit based on a reasonably accurate percentage of services rendered; and
Excuse Client of any further performance and/or payment obligations under this Agreement.
21. Sales Tax
Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Client and remitted by Company. All sales tax will be included on invoices.
22. Disclaimer Regarding Company’s Use of Artificial Intelligence (“AI”)
Company may use artificial intelligence, machine learning, or automated software tools to assist with the photo organization process, including, but not necessarily limited to, file sorting, duplicate detection, image recognition, and metadata suggestions. These tools are used solely for internal workflow support and do not replace Company’s professional judgment, as all final organizational decisions and file handling are reviewed and determined by Company.
Client acknowledges that their files may include sensitive personal content, including images of children and family members. Company will not use Client’s photographs to train or improve AI models and will not knowingly upload Client’s content to any publicly accessible or consumer-facing AI platforms.
To the extent AI tools are used, they are limited to privacy-protected or professional systems and are not used for public distribution, sharing, or publication of Client’s images. Client data is not sold or made publicly available through the use of such tools.
Client retains full ownership of all photographs and files provided, and no intellectual property rights are transferred to Company through the use of AI tools. Company uses commercially reasonable safeguards to protect Client data.
23. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between Company and Client, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.
24. Venue & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California, including all matters of construction, validity, performance, and enforcement, and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Orange County, California. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.
25. Arbitration
Any and all disputes or disagreements arising between the Parties out of this Agreement upon which an amicable understanding cannot be reached shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Orange County, California, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
26. Transfer
This Agreement cannot be transferred or assigned to any third-party without written consent of both Client and Company.
27. Severability & No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
28. Headings
Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
29. Notice
Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent: Company’s Email: info@jennymasonphotography.com
30. Counterparts & Facsimile Signatures
A copy of this Agreement may be executed by each individual/entity separately, and when each has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete agreement between the Parties. The Parties agree that a facsimile copy (electronic copy) of this Agreement, which contains the Parties’ signatures, may be used as the original.
If you require further clarification, please contact info@jennymasonphotography.com
© Jenny Mason Photography
Last Updated: September 2026
Company will use commercially reasonable, industry-standard tools and best practices in performing the services under this Agreement. However, Client acknowledges and agrees that the results of Company’s services are inherently dependent on the quality, condition, format, and completeness of the files and data provided by Client.
Company makes no representations or guarantees regarding the restoration, recovery, reconstruction, or completeness of any files, including but not limited to metadata, timestamps, location data, file names, or other embedded information. Company cannot restore data, metadata, or file attributes that are not present, accessible, or recoverable from the original source files.
Client understands that certain files may be duplicate, corrupted, incomplete, mislabeled, or otherwise limited by the condition in which they are received, and Company is not responsible for correcting or identifying all such issues beyond the scope of the agreed-upon Services.
Any results, organization structure, or categorization delivered as part of Company’s services reflect Company’s professional judgment within the scope of the Project and do not constitute a guarantee of Client’s preferred system or future usability across all platforms or devices.
Ongoing technical support, troubleshooting, file management assistance, or questions regarding use of the organized files after Project completion (defined as after the final review call has occurred) are not included in the services. Any such post-completion support shall be billed at Company’s then-current hourly rate.
12. Intellectual Property
All educational materials, tools, workflows, work product, and other intellectual property created by Jenny Mason Photography are its property, will remain its property, and are protected by United States Copyright Laws (U.S.C. Title 17). Client hereby waives any claims for ownership, income, and editorial control of the copyrighted material. Client is granted a non-transferable, personal license to use only. Violations of this federal law will be subject to its civil and criminal penalties.
13. Cancellation by Client
If, for any reason, Client cancels this Agreement more than thirty (30) days before the start of service date, Company shall keep the Retainer and all other payments made by Client up to the date of cancellation as liquidated damages, but Client will not be responsible for any remainder due. Notification of cancellation must be made in writing by Client and sent via email, pursuant to the Notice provision in this Agreement. Confirmation of receipt of cancellation notification email must be obtained by Client from Company. If Client fails to supply Notice of cancellation as specified before the start of service date, or cancels within thirty (30) days of the start of service date, Client shall be required to pay a cancellation fee of $500.00.
14. Rescheduling by Client
In the event Client reschedules Company’s services for any reason, Client forfeits the Retainer and must book Company’s services under a new contract and will be subject to Company’s current pricing at that time.
15. Harassment
In the event Company experiences or is made aware of any inappropriate, threatening, hostile, or offensive behavior from Client at any time during the contractual period (including, but not limited to, unwelcome sexual advances, verbal or physical conduct of a sexual nature, or physical or verbal harassment related to race, sex, creed, color, marital status, sexual orientation, family status, and/or disability), Company will terminate services immediately, and this Agreement shall be deemed terminated. Upon termination due to harassment, Company shall be entitled to retain all monies paid and Client agrees to relieve and hold Company harmless as a result of incomplete services.
16. Indemnification
Client shall indemnify, release, discharge and hold harmless Company, its heirs, legal representatives, assigns, employees, contractors, or any persons or corporations acting under permission or authority of the Company from and against any and all losses, damages, liabilities, and expenses and costs, including reasonable legal expenses and attorneys’ fees, to which Company may become subject as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by Company pursuant to this Agreement, except to the extent such losses result from the gross negligence, willful misconduct, or intentional acts of Company.
17. Maximum Damages
The sole remedy for any actions or claims shall be limited to a refund, the maximum amount not to exceed the total monies paid by Client under this Agreement.
18. Limitation of Liability
To the maximum extent permitted by law, Company is not liable for any issues arising from pre-existing defects, corruption, loss of data, unsupported file types, or missing metadata in Client’s files, devices, accounts, or storage systems, or from third-party platforms such as iCloud, Google Photos, or similar services.
Client is solely responsible for maintaining complete and current backups of all files before, during, and after the Services. Company is not liable for any loss, damage, delay, or destruction of data or physical media occurring during file transfer, processing, or shipping.
In no event shall Company be liable under this Agreement to Client or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
19. Force Majeure
No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s (“Impacted Party”) control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within ten (10) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of thirty (30) days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. All payments made by Client to Company up to the date of Notice of a Force Majeure Event are non-refundable.
20. Cancellation of Services by Company
In the event Company determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:
Immediately give Notice to Client;
Issue a refund or credit based on a reasonably accurate percentage of services rendered; and
Excuse Client of any further performance and/or payment obligations under this Agreement.
21. Sales Tax
Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Client and remitted by Company. All sales tax will be included on invoices.
22. Disclaimer Regarding Company’s Use of Artificial Intelligence (“AI”)
Company may use artificial intelligence, machine learning, or automated software tools to assist with the photo organization process, including, but not necessarily limited to, file sorting, duplicate detection, image recognition, and metadata suggestions. These tools are used solely for internal workflow support and do not replace Company’s professional judgment, as all final organizational decisions and file handling are reviewed and determined by Company.
Client acknowledges that their files may include sensitive personal content, including images of children and family members. Company will not use Client’s photographs to train or improve AI models and will not knowingly upload Client’s content to any publicly accessible or consumer-facing AI platforms.
To the extent AI tools are used, they are limited to privacy-protected or professional systems and are not used for public distribution, sharing, or publication of Client’s images. Client data is not sold or made publicly available through the use of such tools.
Client retains full ownership of all photographs and files provided, and no intellectual property rights are transferred to Company through the use of AI tools. Company uses commercially reasonable safeguards to protect Client data.
23. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between Company and Client, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.
24. Venue & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California, including all matters of construction, validity, performance, and enforcement, and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Orange County, California. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.
25. Arbitration
Any and all disputes or disagreements arising between the Parties out of this Agreement upon which an amicable understanding cannot be reached shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Orange County, California, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
26. Transfer
This Agreement cannot be transferred or assigned to any third-party without written consent of both Client and Company.
27. Severability & No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
28. Headings
Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
29. Notice
Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent: Company’s Email: info@jennymasonphotography.com
30. Counterparts & Facsimile Signatures
A copy of this Agreement may be executed by each individual/entity separately, and when each has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete agreement between the Parties. The Parties agree that a facsimile copy (electronic copy) of this Agreement, which contains the Parties’ signatures, may be used as the original.
If you require further clarification, please contact info@jennymasonphotography.com
© Jenny Mason Photography
Last Updated: September 2026