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TERMS AND CONDITIONS
1. Definitions
a. “Photographer” shall hereafter refer to Jessica Gilbert.
b. “Client” shall hereafter refer to the person or persons contracting Photographer for hire.
c. "Image(s)" means all visual representations furnished to Client by Photographer, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media.
2. Rights
a. All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Photographer at all times throughout the world.
b. Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act.
c. Photographer reserves the right to use images created under the contract for advertising, display, publication or other purposes. Client signing the contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait or photographs in this manner and shall indemnify and defend the photographer in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of this photographer.
3. Use
a. Client is provided the right to use, print, display, post, or share purchased images only for personal, non-commercial use, which comes into effect from the date of payment of the relevant invoice(s). No use may be made of the images before payment in full of the relevant invoice(s) without the express permission of Photographer. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date.
b. Unless otherwise agreed in writing, all further licenses with respect to the images will be subject to these Terms & Conditions, specifically those outlined in section2 above.
4. Alterations
a. Client may not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans unless specifically permitted in the contract, except that cropping and alterations of contrast, brightness, and color balance, consistent with reproduction needs may be made.
5. Client Confidentiality
a. Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable Photographer to carry out their obligations in relation to the contract.
6. Indemnity
a. Client will indemnify and defend Photographer against all claims, liability, misuse, 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.
b. 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.
c. Client assumes liability to indemnify Photographer for loss, damage, or misuse of any Images. While the photographer takes all reasonable care in the performance of this agreement generally, they shall not be liable for any loss or damage suffered by the client or by any third party arising from use or reproduction of any image or its caption.
d. Photographer's liability for all claims shall not exceed in any event the total amount paid under the contract invoice.
7. Payment
a. A non-refundable booking fee is due on the day of booking in order to secure Clients specific session or wedding date/time. Upon final settlement of the invoice, Client will be credited an amount equal to the non-refundable booking fee. The remaining balance of __________ must be paid in full at least 7 days prior to the date of the portrait session or wedding.
b. If the remaining balance is not paid prior to the date of the schedule session or wedding, Photographer is not obligated to perform the contracted services.
c. In the event that Photographer fulfills the services outlined in the contract prior to the balance is paid in full, Client must pay the remaining balance plus a 10% late fee within 14 days from the date of the portrait session or wedding on which services were rendered.
d. No images will be provided to Client until the balance of the contract is paid in full.
e. A fee of $15.00 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved in pursing the debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
8. Cancellation & Postponement
a. Once the Client has made a booking for a specific time and date, Photographer will not accept any other work from other clients for those times and dates. As a result, once a booking is made, if it is subsequently cancelled, Client forfeits the non-refundable booking fee described in section 8a above.
b. Should Client need to postpone or reschedule the booked session for any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance or the fault of a third party, Client must do so at least 7 days prior to the scheduled session or wedding date.
9. Expenses
a. Where extra expenses or time are incurred by Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at Photographer’s normal rate in addition to the expenses shown on the estimate form as having been agreed or estimated.
10. Acceptance and Rejection
a. Unless otherwise agreed upon in writing, Photographer may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed.
b. It is Client's responsibility to verify that the digital data are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer's sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages.
c. Unless a rejection fee has been agreed in advance, Client has no right to reject on the basis of style, composition or editing.
11. Reshoots
a. Client will be charged 100 percent fee and expenses for any reshoot required by Client. For any reshoot required because of any reason outside the control of 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 fee, and Client will pay all expenses.
12. Storage
a. Unless otherwise specifically provided in the contract, Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client. Client is responsible for sending an authorized representative to the assignment or for having an authorized representative review the images remotely during the assignment. If no review is made during the assignment, Client is obligated to accept Photographer's judgment as to the acceptability of the Images.
13. Overtime
a. In the event a shoot extends beyond eight (8) consecutive hours, Photographer may charge for such excess time of assistants and freelance staff at the rate of 11/2 times their hourly rates.
14. Disputes
a. Except as provided in section 14 below, any dispute regarding this agreement shall, at Photographer's sole discretion, either:
(1) be arbitrated in Photographer's City, Photographer's State, under rules of the American Arbitration Association and the laws of Photographer's State; 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 Photographer's City, Photographer's State under the laws of the United States and/or of Photographer's State.
(3) In the event of a dispute, Client shall pay all court costs, Photographer's reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Photographer.
15. Federal Jurisdiction
a. Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer under the Copyright Act of 1976, as amended, including subsidiary and related claims.
16. Variation
a. These Terms & Conditions shall not be varied except by agreement in writing.
1. Definitions
a. “Photographer” shall hereafter refer to Jessica Gilbert.
b. “Client” shall hereafter refer to the person or persons contracting Photographer for hire.
c. "Image(s)" means all visual representations furnished to Client by Photographer, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media.
2. Rights
a. All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Photographer at all times throughout the world.
b. Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act.
c. Photographer reserves the right to use images created under the contract for advertising, display, publication or other purposes. Client signing the contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait or photographs in this manner and shall indemnify and defend the photographer in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of this photographer.
3. Use
a. Client is provided the right to use, print, display, post, or share purchased images only for personal, non-commercial use, which comes into effect from the date of payment of the relevant invoice(s). No use may be made of the images before payment in full of the relevant invoice(s) without the express permission of Photographer. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date.
b. Unless otherwise agreed in writing, all further licenses with respect to the images will be subject to these Terms & Conditions, specifically those outlined in section2 above.
4. Alterations
a. Client may not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans unless specifically permitted in the contract, except that cropping and alterations of contrast, brightness, and color balance, consistent with reproduction needs may be made.
5. Client Confidentiality
a. Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable Photographer to carry out their obligations in relation to the contract.
6. Indemnity
a. Client will indemnify and defend Photographer against all claims, liability, misuse, 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.
b. 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.
c. Client assumes liability to indemnify Photographer for loss, damage, or misuse of any Images. While the photographer takes all reasonable care in the performance of this agreement generally, they shall not be liable for any loss or damage suffered by the client or by any third party arising from use or reproduction of any image or its caption.
d. Photographer's liability for all claims shall not exceed in any event the total amount paid under the contract invoice.
7. Payment
a. A non-refundable booking fee is due on the day of booking in order to secure Clients specific session or wedding date/time. Upon final settlement of the invoice, Client will be credited an amount equal to the non-refundable booking fee. The remaining balance of __________ must be paid in full at least 7 days prior to the date of the portrait session or wedding.
b. If the remaining balance is not paid prior to the date of the schedule session or wedding, Photographer is not obligated to perform the contracted services.
c. In the event that Photographer fulfills the services outlined in the contract prior to the balance is paid in full, Client must pay the remaining balance plus a 10% late fee within 14 days from the date of the portrait session or wedding on which services were rendered.
d. No images will be provided to Client until the balance of the contract is paid in full.
e. A fee of $15.00 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved in pursing the debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
8. Cancellation & Postponement
a. Once the Client has made a booking for a specific time and date, Photographer will not accept any other work from other clients for those times and dates. As a result, once a booking is made, if it is subsequently cancelled, Client forfeits the non-refundable booking fee described in section 8a above.
b. Should Client need to postpone or reschedule the booked session for any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance or the fault of a third party, Client must do so at least 7 days prior to the scheduled session or wedding date.
9. Expenses
a. Where extra expenses or time are incurred by Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at Photographer’s normal rate in addition to the expenses shown on the estimate form as having been agreed or estimated.
10. Acceptance and Rejection
a. Unless otherwise agreed upon in writing, Photographer may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed.
b. It is Client's responsibility to verify that the digital data are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer's sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages.
c. Unless a rejection fee has been agreed in advance, Client has no right to reject on the basis of style, composition or editing.
11. Reshoots
a. Client will be charged 100 percent fee and expenses for any reshoot required by Client. For any reshoot required because of any reason outside the control of 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 fee, and Client will pay all expenses.
12. Storage
a. Unless otherwise specifically provided in the contract, Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client. Client is responsible for sending an authorized representative to the assignment or for having an authorized representative review the images remotely during the assignment. If no review is made during the assignment, Client is obligated to accept Photographer's judgment as to the acceptability of the Images.
13. Overtime
a. In the event a shoot extends beyond eight (8) consecutive hours, Photographer may charge for such excess time of assistants and freelance staff at the rate of 11/2 times their hourly rates.
14. Disputes
a. Except as provided in section 14 below, any dispute regarding this agreement shall, at Photographer's sole discretion, either:
(1) be arbitrated in Photographer's City, Photographer's State, under rules of the American Arbitration Association and the laws of Photographer's State; 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 Photographer's City, Photographer's State under the laws of the United States and/or of Photographer's State.
(3) In the event of a dispute, Client shall pay all court costs, Photographer's reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Photographer.
15. Federal Jurisdiction
a. Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer under the Copyright Act of 1976, as amended, including subsidiary and related claims.
16. Variation
a. These Terms & Conditions shall not be varied except by agreement in writing.
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