Terms and Conditions

Definitions

“Art Work” means any work created by an artist with any material by any process and includes but is not limited to: Artist Books, Ceramics, Collages, Drawings, Paintings, Paper, Prints from a Photographs, Prints traditionally made (e.g. Intaglio, Lithography, Relief, Serigraphy, Woodburytype, etc), Sculptures, Textiles, or Woodworking.

“Assigns” means a person, entity or any company to whom Business has assigned or licenses rights to as well as the licensees of any such person or company.

“Business” or “Company” means Jason Houge Studios, LLC

“Client” means any person, entity or company that enters into contract with the Business for products or services conducted or to be conducted.

“Content/Recording” means all photographic, cinematic, audio, or any other form of recording or recreation of a Model’s likeness stored on any form of media.

“Creator” means the person or entity responsible for creating a photograph, cinematic recording or audio recording. Creator may be used interchangeably with “Cinematographer,” “Filmmaker” or “Photographer.” Unless otherwise specified, the Creator is Jason Houge.

“Digital Capture” is the process of making a digital image using a digital camera.

“Image” means all visual representations whether captured, delivered, or stored as photographic print, or in magnetic, optical, electronic or any other media.

“Licensee” means any person, entity or company to whom the Photographer/Filmmaker has granted rights for purposes including but not limited to: display, distribution, printing, publication, and reproduction. Examples of “Licensees” include but are not limited to: advertisement and marketing service providers, cloud storage service providers, digital media transfer service providers, email marketing service providers, print service providers, social media and publications.

“Licensor” Means the party granting the license. Unless otherwise specified, the Photographer is the sole Copyright holder of all Content produced and is therefore the Licensor.

“Media” means all currently known and yet to be invented forms of reproduction and storage such as: digital, electronic, film, print, radio and television.

“Model/Subject” means the person, animal or thing being photographed, recorded or filmed and includes Subjects appearance, likeness and voice.

“Original Creator” means the person or entity responsible for creating an Art Work. Original Creator may be used interchangeably with “Artist.” The Original Creator is not always the Client.

“Parent/Guardian” means the parent and/or legal guardian of any Model who is considered a minor by law.

“Representative” means a person who is legally entrusted to act or make legal decisions on behalf of the Model. Persons who may have such rights include but are not limited to: personal assistants, publicists and those granted with power of attorney. Any person claiming representative power may be asked to provide proof.

“Scan” is the process of making a digital image using a scanner.

“Session/Assignment” refers to the time at which the photographic, cinematic, and/or audio recording occurs.

“Shipping Provider” refers to the company handling the shipment and delivery of physical materials. Examples include but are not limited to: UPS, USPS, FedEx and Freight.

Copyright and Reproduction

Client understands and agrees with the following:
The Client may not be the copyright holder. Unless otherwise agreed upon during the sale of an Art Work from the Original Creator or by an official representative, The Original Creator generally retains 100% of an Art Work’s copyright.

Due to copyright protections, not all Art Work may be reproduced in any media or by any process by the Company.
Reproduction by means of creating an Image with Scanning or Digital Capture for the purposes of fair use and education are considered safe and may not be questioned.

Art Work discovered by the Client, including but not limited to: online search or library archives and even Art Work that is purchased may be under copyright protection. The Company will not knowingly create digital Images or prints of copyright protected works without express authorization by the copyright holder.

Unless the Client is the Original Creator, it is the Client’s responsibility to prove copyright ownership or a valid licence to create copies and / or derivative works before the Company will proceed in the creation of digital images or prints of any Art Work.

Works considered in the Public Domain are not copyright protected and are therefore considered safe and will not be questioned.

Payment and Limitations

You (Client) accepts and understands the following:

• All orders with Special Order Items are subject to a minimum of 50% of the bill due before work will begin.
• Once a Special Order has been started, it may not be cancelled.
• A Special Order is considered started upon payment of the minimally required amount.
• Due to the nature of special ordered services and products: ALL Special Orders are sold as-is and are ineligible for refunds, return or exchange.

All rush orders must be paid in full prior to work completion. Rush order fee structure is as follows:
1 day rush 100% markup of the entire order total.
2 day rush 50% markup of the entire order total.

Rights and Usage

Client accepts and understands the following:
Client may use the Company’s online bill account access and payment management system (“My Account” or “Client Portal”). Client may create this account by registering a User ID and Password, or the Company may assign one on the Client’s behalf. By using the Client Portal, Client agrees to:

• Provide complete and accurate account information;
• promptly update your account information (including your name, address, phone number, email address and bank or financial account) upon any changes;
• maintain the secrecy of your password and otherwise maintain your account’s security;
• promptly notify the Company of any actual or suspected security breaches related to your account or this website;
• be responsible for all activities that occur under the Client’s account;
• and accept all risks of unauthorized access.

In the event the Client’s account information changes for any reason, including your bank or financial account information, Client is obligated to promptly enter these changes within My Account. Payments will continue to be processed against your previously entered bank or financial account until your changes have been received and processed. Note that Company may use a third-party payment processor, and in that instance, Client may be redirected to a third-party website.

Taxes:
Client is responsible for paying all applicable taxes. Client may use My Account to provide proof of Tax Exemption. Client understands without providing proof of Tax Exemption, services and products cannot and will not be made tax exempt for any reason. Client may also provide proof via email or in person. Client may check their Tax Exemption status and update their information via the Tax Exemption form in their My Account.

Payment Processing:
The Company uses the following third party processors for Credit, Debit and ACH transfer: PayPal and Stripe. Company also uses the follow payment processor for money transfers: Zelle, Venmo, CashApp. Payments made with Cash or Check may be made. Company reserves the right to withhold delivery of any services or products paid for by check until the check clears the bank.

Company does not keep cash on-hand to make change or to provide refunds.

Company Rights:
Company reserves the right to cancel accounts or modify account information, including User ID and password, in the event such accounts: (a) contain fraudulent or materially inaccurate information; (b) cause misdirection of charges, communications, services or products to others; or (c) are otherwise illegal or interfere with Company’s services or other operations.

Copyright, Storage, Rights and Usage

Client understands and agrees with the following:
By contracting Jason Houge Studios (Company) to perform any services the Client permits the Company the right use any Print or Image created by the Company of the Client’s Media, including but not limited to Images created by Scanning, Digital Capture, video or images made with a phone, drone or any means now known or yet to be known. This includes images and video made of the Client’s Original Art Works, Photographic Media, Exhibitions, etc to advertise the Company’s services and products on the Company’s Website (“https://jasonhouge.com“), within the Company’s physical studio, on the Company’s social media or with any service the Company uses to upload, share or transfer digital media with.

To provide our services, Client understands Company stores and maintains a redundant archive of all Digital Capture and Scans of Client owned Media.

Unless otherwise written or agreed upon elsewhere, upon payment of the services rendered Client will be considered the primary Copyright holder of all transferred digital images created by the Company of the Client’s behalf.

Limitation of Liability

By sending your digital media, etc to Jason Houge Studios, LLC (Company) you (Client) accept and understand the following:
Company’s workflow is intended for print. The Company’s process involves utilizing industry standard periodically profiled AdobeRGB monitors, custom camera profiles and custom paper and canvas print profiles in order to provide the most accurate color and highest resolution possible.

By sending your digital media, etc to Jason Houge Studios, LLC (Company) you (Client) agree to and accept the following:
Submitting any Media including but not limited to electronic media, image, data, file, card, disc, device, film, print, slide or negative for any purpose, such as processing, printing, duplication, alteration, enlargement, storage, transmission, or other handling, constitutes an AGREEMENT that ALL prints created by Company with Client provided media is sold as-is. Company cannot guarantee color accuracy and quality of prints created with client provided media as this falls outside the Company’s control. The Company will make a good faith effort to produce prints of ample quality from Client provided media and may choose to stop or delay printing to confer with client if concerns arise. Re-prints and corrections are subject to additional fees and charges and must be PAID IN FULL before any Prints will be made.

Limitation of Liability

By sending your film, negatives, digital media, etc to Jason Houge Studios, LLC (Company) you (Client) agree to and accept the following:
Client is responsible for communicating the exact insurable value of any Art Work and / or Media provided by Client to the Company.

Submitting any Media including but not limited to: Works of Art (Art Work), electronic media, image, data, file, card, disc, device, film, print, slide or negative for any purpose, such as processing, printing, duplication, alteration, enlargement, storage, transmission, or other handling, constitutes an AGREEMENT that any loss or damage to it by our Company, subsidiary or agents, even though by our negligence or other fault, will only entitle you to at most the an equivalent quantity/size of unexposed photographic film, unformatted electronic media or the equivalent in unused art making materials. Unless Client declared a higher value for Media in question, and had paid the premium for that value in advance. Except for such replacement, or payment of the declared value if applicable, the Company’s acceptance of the media, image, data, file, card, disc, device, film, print, slide or negative is without other liability. The recovery for any incidental or consequential damages is excluded. No expressed or implied warranty is provided. Company is not responsible for any loss, damage or delay caused by the U.S. Postal Service, UPS, FedEx, or any other package carrier. Prices and terms are subject to change without notice.

Charges and Fees

You (Client) accepts and understands the following:
Client is responsible for communicating the exact insurable value of any Art Work and / or Media provided by Client that the Company will be handling and / or shipping.

Company fees for shipping and handling is reflective of and may be charged for any of the following:

• Company materials used to package and protect Art Work and / or Media, both Client and Company provided.
• Time for distance driven by Company Employee to deliver Art Work and / or Media, both Client and Company provided.
• Shipping Provider fees.
• Added Shipping Provider fees for increased insurance, signature, delivery changes, etc.
• Any additional insurance coverage needed by the Company to handle Client provided Art Work and / or Media.

Company will make an effort to provide archival packaging for Client supplied Art Work and / or Media, if none is provided.

Once Company delivers Art Work and / or Media, both Client and Company provided, to Shipping Provider, Company is no longer liable for the safety and transport of the materials being shipped.

In the event a shipment is delivered damaged, Client is responsible for providing ample photographic documentation in a timely fashion to the Company in order to initiate an insurance claim.

Shipping fees are subject to change without notice, as fees change seasonally and with market changes.

Required Licensing

The Business promises that it holds all licenses necessary to perform the work, that such licenses are valid and effective as of the date any work is performed or services provided, and that all work performed or services provided will be done in compliance with all applicable federal, state, or local laws and regulations.

Assumption of Risk

Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.

Quality of Session

Client agrees that Company and Photographer cannot guarantee certain poses, lighting arrangements or camera configurations during the Session. Additionally, Client agrees to hold harmless the Photographer and accepts all liability for compromised or poor-quality Images due to lack of cooperation by Client, Model and/or Subject. Photographer will make a reasonable effort to ensure the best possible experience for the Model(s) and Client and to produce the best possible Content during the agreed upon duration of the Session. To make the most of the time allotted for the Session, Photographer, Client and Model(s) agree to be prepared and on time for the Session as scheduled. Client understands time is allotted at the beginning and end of each session for the Set-Up and Tear-Down of the Photographer’s equipment. The Client also understands and agrees this Set-Up and Tear-Down time is billable and unless otherwise specified elsewhere.

Denial of Services Rendered

Client accepts and understands the following:
Jason Houge Studios (Company) reserves the right to deny services for any reason. Services will be denied for the following reasons, including but not limited to: Printing or making digital images of pornographic material, unauthorized use of copyrighted protected materials, situations involving harassment or abuse, potentially harmful weather, environmental conditions and / or situations.

Harassment

The Client acknowledges they are responsible for ensuring the appropriate conduct and behavior of themselves and all models, employees, representatives, guests, vendors and other persons outside the Company’s team present or in attendance during a photo Session or event being photographed by the Photographer and their team. In the event that the Photographer identifies any inappropriate, threatening, hostile, or otherwise offensive behavior directed toward the Photographer, anyone in the Photographer’s team or any of the equipment, Photographer reserves the right to end coverage of the Session or Event, retain all fees due and/or paid by the Client, and hold no further responsibilities to the Client. Photographer agrees to notify the Client of any of the above listed behaviors, and give them an opportunity to correct such behaviors, or remove the offending individuals from the studio or venue prior to ending event coverage.

Overtime

In the event a session extends beyond eight (8) consecutive hours, Company may charge for such excess time of assistants and freelance staff at the rate up to 2 times greater than their hourly rates for the entirety of the session.

Re-Photographing Sessions

Unless otherwise agreed upon, Client will be charged 100 percent fee and expenses for any Re-Photographing Sessions required by Client. For any Re-Photographing Session required because of any reason outside the control of Photographer or Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance or the fault of a third party, Photographer will charge no additional fees but Client will pay all expenses. If Photographer charges for special contingency insurance and is paid in full for the Session, Client will not be charged for any expenses covered by insurance. A list of exclusions from such insurance will be provided on request.

Cancellations and Postponements

Unless otherwise written and agreed upon, the Retainer Fee is forfeit in the event Client cancels, otherwise Client is responsible for payment of all expenses incurred up to the time of Session cancellation, plus 50 percent of Photographer’s fee; however, if notice of cancellation is given less than two (2) business days before the Session date, Client will be charged 100 percent fee for the service.

Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the Session occurs after photographer has departed for location, and 50 percent fee if postponement occurs before departure to location. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to pandemics, weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.

Models and Property

In order to provide our Clients with our premium quality photography and cinematography services, offer and produce prints and photo books, and to conduct our day-to-day business including but not limited to: store and transfer Media digitally, advertise our services in print and online, write and publish photography tutorials and provide Images to editors and publications on behalf of our Clients we require all of our Clients and Models to sign and return a Model and/or Property Release as part of the Photography Session Agreement. If a Client is booking a Session where a Minor Youth (less than the age of 18 years) will be photographed, a parent or legal guardian is required to fill out and return the appropriate form. Client understands and agrees they assume all responsibility for completing and returning these REQUIRED Releases to the Photographer no less than two (2) business days prior to the scheduled Session or Event. Failure to return these REQUIRED forms will be viewed as a violation of this Agreement and may result in unnecessary delays, cancelation or postponement of the Service and all penalties as described in this Agreement will apply.

Model and Property Release Directions

You (Client) acknowledges and accepts the following:
You must fill out one Model Release per Subject. A parent or legal guardian must sign a Model Release for any Minor Youths to be photographed. If Photography is to take place on private Property or of privately owned Property including but not limited to real estate, art, jewelry, products, and places of business a Property Release must be filled out by the property owner or legal agent and returned no less than two (2) business days prior to the scheduled Session. Forms may be completed and signed digitally or printed and signed with a pen. Return digitally completed forms via the Client Portal (My Account) or email to: [email protected] noting the Invoice Number associated with the Session or Event.

Return printed and signed forms along with a printed copy of the Invoice and printed and signed copy of the Photography Session Agreement by mail to:
Jason Houge
Jason Houge Studios, LLC
1309 E. Wilson St
Madison, WI 53703

Links:
Adult Model Release Download
https://jasonhouge.com/forms/JHS_ModelRelease_2026.pdf

Minor Youth Model Release Download
https://jasonhouge.com/forms/JHS_ModelRelease_Minor_2026.pdf

Property Release Download
https://jasonhouge.com/forms/JHS_PropertyRelease_2020.pdf

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Legal Terms and Conditions

Indemnification

Client will indemnify and defend Photographer and Company against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Photographer, no model or property release exists, and it is Client’s responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Photographer. It is Client’s sole responsibility to determine whether any model or property releases delivered by Photographer are suitable for Client’s purposes. Photographer’s liability for all claims shall not exceed in any event the total amount invoiced.

Disputes

Except as provided below, any dispute regarding this agreement shall, at Photographer’s or Company’s sole discretion, either:

(1) be arbitrated in Madison, WI, under rules of the American Arbitration Association and the laws of WI; provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof.
OR
(2) be adjudicated in Madison, WI under the laws of the United States and/or of WI.
(3) In the event of a dispute, Client shall pay all court costs, Photographer’s and/or Company’s reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Photographer and/or Company.

Federal Jurisdiction

Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer and Company under the Copyright Act of 1976, as amended, including subsidiary and related claims.

Severability Clause

Any part, provision, representation or warranty of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. If the invalidity of any part, provision, representation or warranty of this Agreement shall deprive any party of the economic benefit intended to be conferred by this Agreement, the parties shall negotiate, in good-faith, to develop a structure the economic effect of which is as close as possible to the economic effect of this Agreement without regard to such invalidity.