Terms and Conditions
Definitions
1. "Photographer" refers to Brian Goral. "Client" refers to the commissioning party, its representatives, successors, assigns, agents and affiliates.
Image Rights
2. The Client and his/her heirs, executors, legal representatives, successors and assigns hereby irrevocably grants the Photographer and each of the Authorized Parties the full perpetual rights to take or create photographs, illustrations, video or other images of, including or depicting the Client in any media (hereafter known as “Images”), and all worldwide right, title and interest in and to the Images and all related materials (including copyright, all other intellectual property and other proprietary rights) shall be owned by the Photographer or as the Photographer may determine.
3. The Photographer shall have the irrevocable right (which may be licensed, transferred, granted or assigned to other parties as the Photographer sees fit) to use, publish, reproduce, create derivative works of, distribute, publicly perform and publicly display, either digitally or in any other medium now known or later developed, such Images in any form, including without limitation, use as part of a composite or distorted in character or form, without restriction as to text, changes or alterations, whether or not in conjunction with the Client’s name or a fictitious name, for illustration, promotion, art, editorial, advertising, trade, publishing, or any other commercial purpose whatsoever. The Client also consents to the use of any narrative, text, audio, sound, action, program, effect or other matter that may be used in connection with the Images and the permitted uses, and irrevocably waives any right that the Client may have to inspection or approval of any of the deliverables or uses contemplated in this agreement. In consideration of the Client, the Photographer will use reasonable commercial efforts to ensure that the Images will not be used for any pornographic, obscene, defamatory, libelous or otherwise unlawful purpose.
Liability
4. The Client hereby irrevocably releases the Photographer and each of the Authorized Parties, and any and all other parties acting under right, title, assignment, grant or license from the Photographer or the Authorized Parties, from any liability, costs or expenses arising by virtue of: (i) any blurring, distortion, alteration, optical illusion or use in composite form, whether intentional or otherwise, that may occur or be produced in the creation of the Images or in any subsequent use, processing or publication thereof; and (ii) any claim or cause of action, now known or later developed, resulting from or in connection with any use of the Images contemplated by this agreement, including without limitation, any claims for libel, defamation, invasion of privacy, or breach of publicity or other property rights.
5. The Client hereby irrevocably releases the Photographer and each of the Authorized Parties, and any and all other parties acting under right, title, assignment, grant or license from the Photographer or the Authorized Parties, from: (i) any liability, compensation, cost or expenses, including medical expenses due to any sickness or injury incurred as a result of or during the Client’s participation in any recording; and (ii) any liability, compensation, replacement, cost or expenses arising by virtue of any damaged, lost or stolen property belonging to the Client.
Rates, Fees and Charges
6. All rates, fees and charges are at the discretion of the Photographer. The Photographer may or may not make negotiations which may differ from the regular rates, fee and charges. Rates, fees, and charges displayed on the website www.sdgophoto.com or any other website or advertisment, electronic or print, may be subject to change without notice. Additional charges may be added to rates for any special requests, additional equipment, additional travel or setup, or whatever the Photographer deems as necessary. Appointments booked on national holidays will be charged at a rate of one and a half (1.5) times the regular rate.
Payment
7. Full payment must be received by Photographer via cash, check, or PayPal upon receipt of the Images by the Client or by the due date indicated on the invoice, whichever is sooner. Checks must be made payable to Brian Goral.
Refunds, and Re-shoots
8. Refund will be issued for defective products only. Refunds will not be issued for digital Images once the Images are in the Client's possession. Refunds or reprints will be issued for defective Prints within seven (7) days of receipt by the Client. The Client will be charged one hundred percent (100%) fee and expenses for any re-shoot required by Client. Primary shoots that cannot be completed due to technical difficulty or other unforeseen occurrences will be rescheduled and a re-shoot will be provided to the Client at no cost.
Replacement of Images
9. The Photographer will retain a digital copy of Images for up to but not limited to six (6) months. Replacement of digital Images will be provided to the Client via email within two (2) days of request at no additional charge. Replacement of digital Images on CD will be provided to the Client via postal service within seven (7) days of request, and the Client will be charged a sum not to exceed ten dollars ($10.00) for the cost of the CD and shipping.
Cancellation and Postponement
10. If notice of cancellation is given more than five (5) days before the appointment date, the Client will not be charged a fee. If notice of cancellation is given less than five (5) days before the appointment date, the Client will be charged fifty percent (50%) of the cancelled appointment fee. If notice of cancellation is given less than two (2) days before the appointment date, the Client will be charged eighty percent (80%) of the cancelled appointment fee. Client will not be charged for postponed appointments.
Photo Editing
11. The Photographer will perform basic editing and corrections on Images of the Client's choice. The Photographer does not guarantee that special requests by the Client will be achievable (ie. blemish/object removal, color change, image manipulation, special effects). The length of time required to edit photos depends on the amount of photos, photo quality, and special requests. The estimated length of time for editing will be discussed during the shoot. The Client agrees to allow the Photographer a minimum of seven (7) days for editing for each ten (10) photos.
Acknowledgement
12. It is the Client's responsibility to read and understand this agreement prior to conducting business with the Photographer. By conducting business with the Photographer, the Client acknowledges that he/she have carefully read the above agreement and are fully familiar with the contents and consequences of it. This agreement shall be binding without restriction as to time or otherwise upon the Client and his/her heirs, executors, legal representatives, successors and assigns, as the case may be.
Governing Law
13. This agreement incorporates by reference Articles II and III of the Uniform Commercial Code now in existence, in the State of California, and the Copyright Act of 1976 as amended. This agreement shall be deemed to be a contract made under the laws of the United States of America and the State of California and for all purposes shall 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 California or the United States District Court for the District of the State of California. Client specifically waives all rights to contest each court proceeding on the grounds of personal jurisdiction, venue and forum non-convenience. In the event of any award or judgment in favor of Photographer, or any settlement between Photographer and Client, arising from effecting and protecting Photographer's rights and benefits hereunder and/or any aspect of this agreement, Client shall pay all costs and expenses incurred by Photographer and/or Photographer's legal counsel related thereto, including, but not limited to, reasonable legal fees, arbitration and court costs, associated expenses, and legal interest on such award, judgment, or settlement.