Terms & Conditions
Subject to the terms and conditions in this Agreement, the Photographer will provide the following photography/videography services to the Client (the “Services”) at a reserved session with the Photographer (the “Session”) in exchange for the fees paid by the Client to the Photographer (the “Fees”) as described further below:
Location & Delivery of Services
Location. Provider shall deliver Services to Client at the location provided by the client, subject to Photographer's discretion. Photographer reserves the right to cancel based on the Photographer's sole discretion.
Delivery of Services. Provider will provide all Services by one week following the booking date.
Cost, Fees, & Payment
Cost. The total cost ("Total Cost") for all Services is due in full by the date and time of the appointment. Client shall pay the Total Cost to Provider at the start of the appointment in cash or check, or may pay online by credit card at the time of booking.
COPYRIGHT AND USE OF PHOTOGRAPHS
Use of Photographs. Subject to the terms and conditions in this Agreement, all photographs and videos from the Session and the Services may be used by the Photographer and its assigns and licensees (collectively, the “Releasees”) for promotional purposes.
Ownership of Photos. The Client agrees that the Photographer owns all photos and video footage taken during the Session and the provision of Services. The Client agrees that it does not have any claim to copyright other ownership of the photographs. The Client understands that it has purchased the rights to share the images online or print the digital files, use them for their business, but MAY NOT represent the photos or videos as their own (the Client's) work. Credit for the photos and video should always be given to Home Grown Drone Media. Both the Photographer and the Client has full permission to display these photos in any location, including but not limited to, online websites, blogs, in studio, online or printed promotional material, social media sites such as Facebook, Instagram, Pinterest and/or in any printed media. The Client agrees that no monetary gain may be acquired by the Client at any time from the sale of the photos/images.
Sourcing. The Client agrees that all images be sourced at all times. The Client understands that it may post images on sites including but not limited to, Facebook, Twitter, Instagram, social forums, Pinterest and/or through use in emails, and the Client agrees that it will credit the Photographer every time it does so.
PRIVACY AND CONFIDENTIALITY
Destination of Photos. The Client acknowledges that the Photographer will not be held liable for the final destination of the photos since permission is given to share them for promotional purposes.
Release. The Client agrees that, except to the extent expressly provided otherwise in this Agreement, the Client: (a) releases the Photographer of any and all liability relating to the Agreement; and (b) assumes all risk and has no legal recourse against the Photographer for the Session and the Services. This includes, but is not limited to, personal injury, loss of income, damage to personal items, emotional distress, illness, loss of property, paralysis or death, as well as negligence of the Photographer. Furthermore, and without limiting the foregoing, the Client agrees that the Photographer is not at fault or in any way liable for any Injury to any person attending the Session whatsoever, including without limitation children, caregivers, additional family members or friends of the Client. “Injury” includes any loss suffered by a person, including physical injury, contraction of illness or disease, or monetary loss.
Damages. The Client agrees that while the Photographer will take all care, circumstances beyond the Photographer’s control could result in the loss, damage or failure of photographs and/or equipment. If photo/image files are damaged, lost or corrupted by direct acts of the Photographer, then the Photographer’s liability will not exceed a re-shoot to take place within, but no later than fourteen (14) days. No monetary reimbursement will be provided to the Client.
Storage of Files. The Client agrees that it must back up the digital copies of the photographs and videos once received. The Photographer is not responsible for the storage of photographs after the delivery of the final images and videos to the client. The Client agrees that the Photographer is not responsible for updating the files as technology advances.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, THE PHOTOGRAPHER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE CLIENT, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE SESSION, THE SERVICES, THE PHOTOGRAPHS, AND/OR THE DIGITAL NEGATIVES OR PRODUCTS. IN NO EVENT WILL THE PHOTOGRAPHER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE SESSION, THE SERVICES, THE PHOTOGRAPHS, AND/OR THE DIGITAL NEGATIVES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO, LOST MONIES. THE PHOTOGRAPHER’S MAXIMUM LIABILITY TO THE CLIENT UNDER THIS AGREEMENT IS THE RETAINER AMOUNT PAID BY THE CLIENT TO THE PHOTOGRAPHER. THIS SECTION WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNITY
The Client will defend, indemnify and hold harmless the Photographer and its officers, directors, contractors, and employees, as applicable (collectively, the “Indemnitees”) against and from any and all third party claims, demands, actions, causes of action, damage, loss, suits, proceedings, costs, liabilities, expenses and charges incurred or suffered by the Indemnitees as a result of or in connection with any material non-fulfillment or breach of any warranty or covenant, or any material misrepresentation, under this Agreement by the Client.
GENERAL
Entire Agreement. This Agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreement.
Assignment. This Agreement will not be assigned by either party, whether voluntarily or involuntarily or by operation of law, in whole or in part, to any other entity without the prior written consent of the other party.
Interpretation. Headings are for convenience only and will not affect the interpretation of this Agreement.
Choice of Law. This Agreement will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
Independent Legal Advice. Each of the parties hereby acknowledges that it has been afforded the opportunity to obtain independent legal advice and confirms by the execution and delivery of this Agreement that they have either done so or waived their right to do so.
Independent Contractors. The parties are independent contractors. Neither party will be deemed to be an employee, agent, partner, joint venturer or legal representative of the other for any purpose.
Currency. All monetary amounts under this Agreement are in Canadian dollars (“CAD”), except where expressly provided otherwise.
Force Majeure. The Photographer will not be liable for its failure to fulfill its obligations under this Agreement if such failure is due to an act of God, extreme weather conditions, inevitable accident, fire, lockout, strike or other labour dispute, riot or civil commotion, act of public enemy, rule of any government or governmental instrumentality (whether federal, state, local or foreign), failure of technical facilities, failure or delay of transportation facilities, pandemic, epidemic, or any other cause of a similar or different nature not reasonably within the Photographer’s reasonable control.
Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement will be effective unless in writing and signed by the parties. No failure or delay by a party in exercising any right, power, or remedy under this Agreement will operate as a waiver of any such right, power or remedy.
Severability. In case any provision in this Agreement will be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby and such provision will be ineffective only to the extent of such invalidity, illegality or unenforceability.
Consistency. Provider will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Provider current portfolio and Provider will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
Every client is different, with different tastes, budgets, and needs;
Provider services are often a subjective art and Provider has a unique vision, with an ever-evolving style and technique;
Provider will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions; Although Provider will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Provider shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with Provider's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
Limit of Liability.
Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Provider shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Provider and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Provider provides to Client.
Cancellations, Rescheduling, and No-Shows
We respect your time, and hope you respect ours as well. Shoots must be booked 12 hours in advance, and may NOT be cancelled within a 24 hour period. No-Call-No-Show clients will forfeit their payment of service and will not be allowed to book again.
Governing Law. The laws of Ohio govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
By booking an appointment, you agree to these conditions.