Brand Shoot Terms And Conditions

Jaclyn Carfagna Photography

By booking and/or paying for the Services, Client acknowledges and agrees to the following terms.

1. SERVICES

The Photographer will provide one brand photography/content session consisting of:

  • Up to three (3) hours of shooting time

  • Photography of Client, Client's team, products, workspace, lifestyle scenes, details, flat lays, and/or other agreed-upon content

  • Professional editing of the final selected images

  • Delivery of a final online gallery containing approximately 60–80 edited images

The 60–80 image range is a guaranteed minimum/target gallery range based on the agreed scope of the session. The final number of images may vary slightly based on the nature of the session, available subject matter, lighting, cooperation of participants, and other circumstances outside the Photographer's control.

The session is intended as a single content-production day and is not an ongoing branding, marketing, or consulting engagement.

2. INVESTMENT & PAYMENT

The total investment for the Services is $800.

The session is considered officially booked once payment has been received.

Additional shooting time beyond the three-hour session is not included and is subject to Photographer availability and an additional fee agreed upon by both parties before additional shooting begins.

3. SCOPE OF SERVICES

The Photographer's role is limited to photography and image production.

The Services do not include:

  • Brand strategy

  • Brand identity development

  • Marketing strategy

  • Social media management

  • Advertising strategy

  • Legal or regulatory consulting

  • Product compliance review

  • Advertising compliance review

  • Claims substantiation

  • Labeling compliance

  • Business licensing advice

  • Cannabis/THC/CBD regulatory advice

  • Website or copywriting services

  • Legal review of Client's intended use of the photographs

Any creative direction provided by the Photographer during the session is provided solely for the purpose of creating photographs and does not constitute professional legal, regulatory, marketing, advertising, or brand-consulting advice.

The parties specifically acknowledge that the Photographer has not been retained as a brand consultant or regulatory/compliance consultant.

4. CLIENT RESPONSIBILITIES

Client is responsible for providing all products, people, props, wardrobe, locations, materials, information, and other items necessary for the session unless otherwise agreed in writing.

Client is responsible for ensuring that:

  • All products photographed are lawful for Client to possess, manufacture, distribute, sell, or promote.

  • Client has all licenses, permits, permissions, releases, and approvals required for the products and/or business.

  • All product labels, packaging, logos, trademarks, names, claims, and other materials supplied to the Photographer may lawfully be photographed and used.

  • Any people appearing in the photographs have provided any necessary permissions or releases.

  • Client has the right to authorize the creation and subsequent use of the photographs in connection with its business and marketing.

  • Client has provided the Photographer with accurate information regarding the products and intended use of the images.

The Photographer is entitled to rely on information and materials supplied by Client and is not required to independently verify their legality, accuracy, ownership, or compliance.

5. LEGAL, REGULATORY & ADVERTISING COMPLIANCE

Client acknowledges that the Photographer is not providing legal, regulatory, compliance, or advertising advice.

Client is solely responsible for determining whether its products, business activities, packaging, labels, claims, marketing materials, photographs, advertisements, social media content, website content, or other promotional materials comply with all applicable federal, state, local, platform-specific, industry-specific, or other laws, regulations, rules, and policies.

This responsibility includes, without limitation, any requirements relating to:

  • Cannabis, THC, CBD, hemp, or other regulated products

  • Product labeling

  • Health or wellness claims

  • Advertising claims

  • Product descriptions

  • Age restrictions

  • Required disclosures

  • Licensing

  • Distribution

  • Packaging

  • Social media advertising

  • Paid advertising

  • Website marketing

  • E-commerce

  • Platform policies

The Photographer does not represent or warrant that any photograph, composition, product depiction, or other content created during the session is legally permissible for any particular advertising or commercial use.

Client is responsible for obtaining independent legal or regulatory advice regarding the use of the resulting images.

6. CLIENT-PROVIDED CLAIMS & MATERIALS

The Photographer will not independently verify claims made by Client about its products or business.

If Client provides language, concepts, product descriptions, claims, labels, packaging, or other materials for inclusion in photographs or marketing content, Client represents that it has the legal right to use those materials and is solely responsible for their accuracy and compliance.

The Photographer's inclusion of a product, label, package, logo, statement, or other Client-provided material in a photograph does not constitute an endorsement, verification, or representation that the material is accurate, lawful, substantiated, or compliant.

7. IMAGE DELIVERY

The final gallery will contain approximately 60–80 professionally edited images.

Images are selected and edited at the Photographer's professional discretion.

Editing includes the Photographer's standard color correction, exposure adjustments, cropping, and artistic finishing consistent with the Photographer's established style.

Client may not request access to unedited photographs as part of the Services.

RAW files and unedited files are not provided.

RAW files remain the property of the Photographer and are not included in the purchase price.

The Photographer is not obligated to retain RAW files indefinitely after final gallery delivery.

8. ARTISTIC DISCRETION

Client acknowledges that photography contains an artistic component and that the Photographer will exercise professional judgment regarding:

  • Composition

  • Lighting

  • Posing

  • Framing

  • Image selection

  • Editing

  • Color

  • Cropping

  • Overall visual treatment

The Photographer will make reasonable efforts to incorporate the Client's agreed-upon creative direction and requested shot list but cannot guarantee any specific photograph, pose, composition, or aesthetic result unless specifically agreed to in writing.

Client understands that references and inspiration images communicate general creative direction and do not constitute a guarantee that the resulting images will be identical to those references.

9. CLIENT REQUESTS & SHOT LIST

Client is responsible for communicating important priorities, must-have images, products, people, locations, and intended content needs before or during the session.

The Photographer will make reasonable efforts to capture the agreed-upon priorities within the available three-hour shooting period.

The Photographer cannot guarantee that every requested image will be created if time, location, product availability, weather, participant cooperation, technical circumstances, or other conditions make a particular image impractical or impossible.

10. LOCATION, PRODUCTS & PREPARATION

Client is responsible for preparing the shooting location and having all necessary products, props, wardrobe, packaging, and other materials ready at the agreed-upon start time.

Time spent waiting for Client, preparing products, locating materials, changing setups due to Client delays, or addressing preventable logistical issues may count toward the three-hour session window.

The Photographer is not responsible for poor photographic results caused by conditions that Client controls, including but not limited to damaged products, unavailable products, unprepared spaces, inadequate wardrobe, missing props, inaccurate information, or failure to obtain necessary permissions.

11. INDEMNIFICATION

To the fullest extent permitted by law, Client agrees to defend, indemnify, and hold harmless the Photographer from claims, damages, liabilities, losses, costs, and expenses arising from or relating to:

  • Client's products or business activities;

  • Client's violation of any law, regulation, rule, licensing requirement, or platform policy;

  • The legality, safety, labeling, marketing, or advertising of Client's products;

  • Claims made by Client regarding its products or services;

  • Client's use or distribution of the photographs;

  • Client-provided trademarks, logos, packaging, materials, or intellectual property;

  • Any failure by Client to obtain required permissions, releases, licenses, or approvals.

This provision does not apply to the extent a claim is finally determined to have resulted from the Photographer's own gross negligence or willful misconduct.

12. LIMITATION OF LIABILITY

To the fullest extent permitted by law, the Photographer's total liability arising out of or relating to the Services will not exceed the total amount actually paid by Client for the Services.

The Photographer will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost business opportunities, or reputational harm, arising from the Services or Client's use of the photographs.

13. COPYRIGHT & CLIENT USAGE

The Photographer retains copyright ownership of all photographs created during the session unless otherwise agreed in writing.

Upon full payment, Client receives a license to use the delivered final edited images for its own business and marketing purposes, including its website, organic social media, email marketing, promotional materials, and advertising, subject to any additional restrictions specifically agreed upon in writing.

Client may not sell, license, transfer, or sublicense the photographs to another business or third party without the Photographer's written permission.

Client may not materially alter, filter, recolor, or otherwise modify the delivered photographs in a manner that substantially changes the Photographer's work without permission.

14. PHOTOGRAPHER'S PORTFOLIO USE

Unless Client requests otherwise in writing before the session, Photographer may use photographs created during the session for Photographer's portfolio, website, social media, studio samples, advertising, publications, and other self-promotional purposes.

Client may request that certain confidential or unreleased products not be publicly shared until a specified launch date.

Any confidentiality or embargo requirements should be communicated in writing before the session.

15. CANCELLATION & RESCHEDULING

If Client needs to cancel or reschedule, Client must provide reasonable advance notice.

Rescheduling is subject to Photographer availability.

If Client cancels without sufficient notice, the Photographer may retain all or part of the payment as compensation for the date and time reserved.

Any specific cancellation, rescheduling, or refund terms agreed upon in the booking invoice or proposal will supersede this section where applicable.

16. FORCE MAJEURE

The Photographer will not be considered in breach of this agreement for failure or delay caused by circumstances beyond reasonable control, including severe weather, illness, emergencies, natural disasters, venue restrictions, government restrictions, or other circumstances that make performance impractical or unsafe.

The parties will make reasonable efforts to reschedule when appropriate.

17. ENTIRE AGREEMENT

These Terms & Conditions, together with the applicable invoice, proposal, questionnaire, and any written agreements between the parties, constitute the agreement between Client and Photographer regarding the Services.

Any changes to the scope of Services must be agreed upon in writing.

18. ACKNOWLEDGMENT

By signing or otherwise accepting these Terms & Conditions, Client acknowledges that:

  • The Photographer is being hired for a single photography/content production session.

  • The session includes up to three hours of shooting.

  • The investment is $800.

  • The final gallery will contain approximately 60–80 edited images.

  • RAW and unedited files are not included.

  • The Photographer is not acting as a brand consultant, marketing consultant, advertising consultant, attorney, or regulatory/compliance advisor.

  • Client is solely responsible for the legality, compliance, claims, licensing, labeling, advertising, and marketing of its products and business.

  • Client is responsible for determining whether and how the resulting photographs may legally be used.

  • Client has had the opportunity to seek independent legal advice regarding these terms.