DEFINITIONS:
This Agreement is between Arkayy Photography and StandardDefinition.net (“Photography Business”) and [You] (“Client”) which includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor.
“Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.
USAGE RIGHTS AND OWNERSHIP:
Client acknowledges that Arkayy Photography’s, or Standdarddefinition.net, Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Arkayy Photography without limitation.
IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.
Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified on this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee.
The term of license begins from the date Arkayy Photography’s (or StandardDefinition.net) Photographer receives full payment of invoice and upon delivery of images.
Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark.
The use of any Image(s) by Client will not constitute a work of joint authorship.
Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.
Unless otherwise agreed, Arkayy Photography’s (or StandardDefinition.net) Photographer shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent.
PHOTOGRAPHIC INTEGRITY AND ALTERATIONS:
Client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer.
All photographic sessions include professional editing to a specific number of images which consist of changes to the color, crop, contrast, & exposure at the photographer’s discretion. The specific number of images edited will depend on the service(s) paid and agreed by the Client.
GENERAL LIABILITY AND RELEASES:
Arkayy Photography (or StandardDefinition.net) will take all reasonable care in the production of the Image(s) and the performance of this agreement. But Arkayy Photography will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).
Client will indemnify, defend, and hold harmless, Arkayy Photography, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).
Arkayy Photography (or StandardDefinition.net) is not responsible for obtaining model, property, trademark, copyright, or any other, releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.
Should Arkayy Photography (or StandardDefinition.net) agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Arkayy Photography gives no warranty or guarantee as to the legal validity of any release.
It is client’s responsibility to take care of the children; Arkayy Photography (StandardDefinition.net) will not accept any responsibility due to any accident to children or damage to public or private properties during the photo shooting or consultation session.
Client agrees that Photographer cannot guarantee certain poses during the photography session. Additionally, Client agrees not to hold Photographer liable for compromised or poor quality images due to lack of cooperation by image subjects.
In any event, Arkayy Photography’s (or StandardDefinition.net) liability for all claims will not exceed the total amount paid under this Agreement.
PAYMENT:
Time is of the essence for receipt of full payment under this Agreement.
NO RIGHTS ARE GRANTED UNTIL THE PHOTOGRAPHER HAS RECEIVED FULL PAYMENT, INCLUDING, IF APPLICABLE, ANY LATE-PAYMENT CHARGES.
UNLESS OTHERWISE AGREED, THE USE OF ANY IMAGE(S) PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR SUCH AN UNAUTHORIZED USE WILL BE DOUBLE THE INVOICE TOTAL.
Where usage rights before full payment are granted, Arkayy Photography reserves the right to rescind any such usage rights if Client fails to make timely payment.
A 50% retainer/deposit fee is due to hold your session date. This fee is non-refundable. The remaining balance is due the date of your session.
All invoices are due upon receipt. Adjustments of amounts or terms must be requested within seven (7) days of invoice receipt.
Arkayy Photography (or StandardDefinition.net) will provide electronic receipts via email to Client. Invoice can also serve as Client’s receipt for work performed and services rendered.
Any additional goods or services not included in the photography services agreed or paid by client will be sold at then-current rates. Arkayy Photography makes no pricing guarantees outside the terms of the invoiced services, and acknowledges that prices for additional goods or services are subject to change suddenly and without notice.
PROOFS & DELIVERABLES:
The number of the proofs and final images we deliver depends on the package you purchased. We always deliver final images as high resolution JPGs. No images, including proofs, will be delivered until your full fees have been paid.
TURNAROUND:
Depending on the time of year and the scope of your shoot, you can expect proofs uploaded 1-5 days after your session. Retouched images are usually delivered 10 days - 2 weeks after you've made your selections. Schedules may vary so please confirm delivery times when booking your session. Rush processing is available for a fee.
FOR PARENTS OF YOUTH CLIENTS:
We require a parent or guardian to be present for all shoots with kids under 18 years old. There are no exceptions to this policy. We ask that parents and guardians stay out of the model’s eye line. If you would like to take pictures of your kid’s session with your phone, please ask permission before you start snapping.
CREDIT LINE and COPYRIGHT NOTICE:
Placement of a credit line or copyright notice is required when posting the images on the internet. If a credit line or copyright notice is required but not actually provided, Client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.
CANCELLATIONS AND RESCHEDULES:
The client may cancel his/her photoshoot session at any time up to five (5) days prior to the agreed booked date. To do so, the client must send a written cancellation notice via either email or certified mail.
The client hereby forfeits their initial deposit (50%) in case of cancellation, and agree to pay the full amount for the services agreed should they cancel the photography contract within 5 days before the booked date.
If the client does not cancel and does not show to the location agreed the date and time of the client’s session, the client will be responsible for paying the remaining 50% balance.
If the client arrives late, we shoot less. If you arrive more than 30 minutes late, we consider it a cancellation
We allow one complementary reschedule (to be completed within 60 days of your original session date) provided you give us 72 hours notice. We do not do reschedules on less than 72 hours notices.
If you need to reschedule more than once, a $100 fee will be required per reschedule.
If weather conditions prevent us from shooting outside, we’ll reschedule at no cost in accordance with our above stated policy. In all cases, location and weather-related rescheduling decisions are at the sole discretion of the photographer.
RESHOOTS:
If Client requires a reshoot, Client will pay Photographer an additional fee of one hundred percent (100%) of the fee stated in the quote or invoice for the original shoot, plus all expenses for the reshoot.
If a reshoot is required due to factors beyond the control of Photographer, including but not limited to, weather conditions, or acts of God, Photographer will not charge an additional fee and Client agrees to pay all expenses for the reshoot.
FAILURE TO PERFORM:
If Arkayy Photography’s photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfill his obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Arkayy Photography (or StandardDefinition.net) will not be responsible or liable for any other damages beyond the amount of this Agreement.
This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Arkayy Photography’s Photographer.
ARCHIVING DIGITAL FILES:
While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.
Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
All digital files created by, or on behalf of, Client that contain any Image(s) will be deleted or destroyed within fifteen (15) days after the date they were delivered to the Client.
Any requests for the photographer to reproduce images that were already delivered will incur a $100 processing fee.
IMAGE FILE QUALITY:
Photographer is committed to providing high quality services. Unless otherwise specified, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.
Photographer uses cameras and monitors that are color calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities.
It is Client’s responsibility to verify that the digital data, including color profile, if provided, 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, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
All editing is done at the photographer’s discretion. The photographer reserves the right to refuse any additional edits requested. Some images may only be produced in color or black and white at the artist’s discretion. If the client(s) wish to request additional editing of images this is done at a separate fee starting at $50 per image.
It is also understood that unless hair and makeup is included in the contract, Photographer is not responsible to fix hair or skin, or makeup problems.
SESSION TERMS:
Sessions will be conducted at a location agreed upon by the photographer. Arkayy Photography’s photographer will not trespass or use any property/locations that is considered unlawful to do so. The photographer is bound by any rules states for the property or location. If the Client wishes to shoot on private property it is the Clients soul responsibility to get authorization from the owner of the property. Arkayy Photography’s photographer is not responsible for hazards at the location and the Client agrees to enter into the session at their own risk.
There is a travel fee of $25 for every additional 25 miles from Carpentersville, IL.
No other photographers/videographers are allowed during the session unless agreed to in writing by Arkayy Photography. Client or guest will refrain from taking cell phone images during the session unless agreed upon by the photographer.
MINI SESSIONS:
All other terms mentioned above also apply to Mini Sessions except rescheduling and cancellations.
Because Mini Sessions are available on a limited basis, all Mini Session bookings are final and non-refundable. They cannot be rescheduled to another date or time.
If you are unable to attend your Mini Session, however, you are welcome to gift or re-sell it to a friend or family member. In this case, the client should notify Arkayy Photography with the name and contact information of the friend or family member.
ACCEPTANCE OF TERMS:
Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.
No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.
This Agreement will be deemed to be a contract made under the laws of the United States and the State of Illinois, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the state of Florida. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Arkayy Photography (or StandardDefinition.net).
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
In addition to oral and written agreements, placing a retainer fee for a future session and/or use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.
This Agreement constitutes the entire and only agreement between Arkayy Photography (or StandardDefinition.net) and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.