DIGITAL PHOTO ORGANIZING SERVICES AGREEMENT
Jenny Mason Photography

TERMS OF PARTICIPATION
Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Jenny Mason Photography (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the following terms stated herein for the purpose of Company providing Digital Photo Organizing Services for Client. This shall become effective upon the date payment for the project is received by the Company.
1. Services Provided
Company agrees to provide the following services:
Curating, sorting, and organizing digital photo files across devices, cloud storage, and external drives.
Removing duplicate images.
Structuring and renaming files using a clear and accessible folder system.
Adding metadata for easy searchability.
Backing up photos to designated cloud storage and external drive as specified by Client.
Additional services as agreed upon in writing by both Parties.
Client understands and agrees that Company will not edit, alter, or manipulate photos unless explicitly agreed upon in writing.
2. Fees & Payment
Client agrees to compensate Company fee for services ($2500, $3000 or $3500) based upon the number of photos and sources. Payment is due in full prior to the start of the project.
Any additional services beyond the agreed-upon Scope of Work will be billed at $100 per hour.
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.
The fees in this Agreement are based on the Company's current pricing at the time of booking. The price list is adjusted periodically, and future bookings will be charged at the prices in effect at the time.
3. Service Delivery & Access
Company will perform services virtually. Client agrees to provide necessary access to digital files, cloud storage, and external devices required to complete the project. Client is responsible for ensuring all necessary permissions and passwords are available to facilitate the organizing process.
4. Communication
Company’s office hours are M-F. Client may contact Company via email at jenny@jennymasonphotography. Company will respond within 1 business day.
5. Data Privacy & Confidentiality
Company agrees to maintain the confidentiality of all Client files and not to share, distribute, or use Client’s photos for any purpose other than the agreed-upon services. Client data will be handled securely, and Company will not retain copies of Client photos beyond 90 days after service completion.
6. Intellectual Property
Company does not claim any ownership over Client’s digital photos. All organizational structures and metadata created as part of this project will belong to the Client.

All imagery, copy, designs, graphics, work product, and other intellectual property created by Company are its property, will remain its property, and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control, and use of the copyrighted material. Violations of this federal law will be subject to its civil and criminal penalties.
7. Indemnification & Liability
Client agrees to hold Company harmless for any data loss, corruption, or technical issues beyond Company’s reasonable control. Company will take necessary precautions but is not responsible for pre-existing damages or system malfunctions affecting digital files.
8. Term & Termination
This Agreement remains in effect until project completion unless terminated earlier by either Party with 14 days' written notice. All completed work up to termination date must be paid in full.
9. 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.
10. 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.
11. Limitation of Liability
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 ba
12. Force Majeure
Company shall not be liable for delays or failure to perform due to unforeseen circumstances, including but not limited to natural disasters, technical failures, or other acts beyond its control.
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 3 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 3 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.
13. 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.
14. Governing Law & Dispute Resolution
This Agreement shall be governed by the laws of California. Any disputes not resolved amicably shall be settled through arbitration in Orange County, CA.
15. Entire Agreement
This Agreement constitutes the entire understanding between the Parties. No modifications shall be valid unless in writing and signed by both Parties.
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.

16. Minimum Guarantees
If you do not understand or agree with any of these conditions, please do not order this project. If you require further clarification, please contact info@jennymasonphotography.com
© Jenny Mason Photography
Last Updated: January 2025