© 2019 JMB Photos

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Terms and Conditions

These terms outline the understanding and what to expect at a workshop either on location or in the studio.

 

1. Release for behind the scenes footage - unless expressly told otherwise, by attending an event, you authorize to have behind the scenes footage taken that could pictures or video of you. I will try, but am not required to post pictures and videos of workshops on social media and tag attendees. If you see a picture or video online that you do not like, let me know as soon as possible and I will try to edit it or remove it. 

 

2. Liability for lost or stolen items - Each photographer is responsible for securing their own personal belongings, including camera equipment. For workshops taken in the studio, there are cameras recording in the front entryway and in the back studio, however, I do not guarantee that they will be recording or that the footage will be retained. I also do not guarantee the security of any personal belongings at the studio. Likewise, if you bring equipment such as lights or light stands or camera triggers, and you allow others to use them, you are responsible for ensuring that those items are not damaged.

 

3. Liability for injury - In general, I do my best to maintain a safe studio, however, I do not guarantee the safety of any workshop attendees. Our studio includes heavy items that are overhead, including lights, booms, light stands, backdrops, as well as other items. These items might be adjusted or moved by other attendees during a workshop, and therefore, it is impossible for me to assure that they are always used in a safe manner. Before approaching or adjusting any such items, each photographer is responsible to ensure that items that could potentially injure are secure. By attending a workshop, you waive your right to recover for any injuries you might receive during a workshop from the workshop host. Likewise, for workshops or events that take place outdoors, such places might include wet surfaces, unstable surfaces, dangerous wildlife, or other unsafe conditions that I cannot control. Each attendee is required to evaluate every area where we will be working and use their judgment as to the safety of each location. For example, if we got to the beach and you are shooting with gear that is not waterproof, you are required to make that judgment call for yourself as to whether you want to risk damaging your equipment to shoot by the water. Likewise, if we go to an area that requires hiking or climbing, and you do not feel that it is safe, you are not required to go to that location, but if you do, you assume the risk of any injury.

 

4. Assumption of privacy of the models - In general, unless otherwise expressly specified, all photoshoots are of a non-nude nature and the models are instructed and that the shoot will be non-nude. In such cases, the models retain an expectation of privacy, regardless of the outfit worn, and expect that any pictures captured that include any "intimate body parts" will not be shared or published in any way. "Intimate body parts" in this section has the same meaning as defined in California Civil Code section 1708.85 or in California Penal Code section  647(j)(4), which states: "As used in this paragraph, 'intimate body part' means any portion of the genitals, the anus and in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing." This includes the side of the breast. For example, if we are at a workshop and the model is wearing a loose-fitting piece of clothing and, while moving, a breast or nipple is exposed, and you take a picture, the model retains a right to privacy and an expectation that that photo would not be published or shared. Likewise, if we are doing a shoot with a long dress and while spinning or throwing the dress, the model's underwear is exposed, the model retains an expectation of privacy that that photograph would not be published or shared. As decent photographers (decent as in skill level and as in being decent human beings), each photographer is responsible for letting models know when they are unintentionally exposed, and to not take a picture that you would not be able to publish or use in any way. Should you have any question about whether a picture is appropriate, always ask before publishing. In the event that the model requests that a photo be removed because it is too revealing, you must immediately remove the image because any model release for my workshop does not extend to images that are a violation of this section. This section does not apply to shoots that are designated as nude shoots in the description of the shoot. The right to privacy also includes the right of a model to not have his or her real name revealed if a model uses a pseudonym to remain anonymous.

 

5. Tagging and crediting - I will provide a list of social media handles for the people involved in each shoot. You agree to tag the people involved in each picture. For example, if a shot included a hair and makeup artist, you agree to tag the hair and makeup artist as well as the model. Models in return will tag the appropriate people, including the photographer.

 

6. Interacting with others - We expect that you will be courteous to others at the workshop. That includes using language that is respectful and being kind to the others involved in the workshop. This also includes using respectful language with the models and, most importantly, never touching any part of a model or a model's clothing without consent. It is never appropriate to touch a model without consent, even if the intent is to fix an item of clothing, fix a model's hair, or to move a model to a pose that you are trying to achieve. When working in a workshop where photographers are required to take turns, failing to let another photographer take his or her fair turn is not allowed. Violation of this section could result in being removed from the workshop without a refund.

 

7. Start and stop times - We always try our hardest to start and stop on time, however, it is often the case that we start or finish at a slightly different time as final preparations are being made with things such as hair, makeup, or wardrobe. Slight deviations from a planned schedule are to be expected and are not grounds for a refund.

 

8. Food - At events where food is provided, if you have any dietary restrictions, you re to bring your own food. For example, if we order pizza and you prefer to not eat gluten or if you are a vegetarian or pescetarian, or on a keto diet, or a whiskey only diet, or have any allergies to any food products, we are not required to provide you with a separate meal. Whenever practical, we will strive to make food selections that are accommodating to all, but we are not required to do so.

 

9. Legal forum - You agree that all legla disputes will be handled in California Superior Court in San Diego County, and only after the parties attempt resolution through mediation in San Diego County with each side bearing their own share of fees for mediation, unless the parties mutually agree in writing to forego mediation.

 

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