The Fine Art Print
DEFINITIONS:
This Agreement is between Zebra Gallerie (Photographer) and You (Client) which includes Zebra Gallerie's principals, employees, affiliates and representatives.
“Image(s)” means the photographic material created by Photographer pursuant to this Agreement and includes, but is not limited to, 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 agrees that Photographer is the author and first owner of copyright of all images. Client has been granted a copyright release to print, upload, display, and otherwise use images for personal use only. Client agrees that client will not use images for any profitable venture without the express, written consent of Photographer. Photographer retains the right to use the Image(s) for her self-promotion.
PHOTOGRAPHIC INTEGRITY and ALTERATIONS:
Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for color, contrast, brightness, sharpness, and cropping, are permitted.
Any alteration or modification of any Image(s) will not constitute a work of joint authorship.
WAIVER OF LIABILITY, ASSUMPTION OF RISK and RELEASES:
Client will indemnify, defend, and hold harmless, Photographer, her contractors, and her representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising from Client’s use of any Image(s). Client is liable for any damage to the location where photoshoots are held, and to any equipment used at the photoshoot resulting from vandalizing or negligence action by the client and/or any of the persons attending or participating in the photoshoot.
Waiver: In consideration of permission to use, for the duration of the portrait session, the property, facilities, staff, equipment and services of Zebra Gallerie, Client, for herself/himself, their heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Zebra Gallerie, its directors, officers, employees, and agents from liability from any and all claims including the negligence of Zebra Gallerie resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, observation, and use of facilities, premises, or equipment. Client acknowledges, agree and represent that she/he understands the nature of The Activity and that he/she, including their children, are qualified, in good health and in proper physical condition to participate in such Activity. Client further agrees and warrants that if any time she/he believe conditions to be unsafe, she/he will immediately discontinue further participation in the Activity.
This use of Zebra Gallerie’s property, facilities, staff, equipment, and/or services carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Client has read the previous paragraphs and know, understand, and appreciate that risks may occur in the activities made possible by Zebra Gallerie. Client hereby asserts that her/his participation is voluntary and that she/he knowingly assume all such risks.
For valuable items, the Client should take out suitable insurance cover. Upon written request, the Photographer will provide suitable loss/damage cover for an additional charge. Clients who choose to have items returned to them without loss/damage cover do so at their own risk. The Photographer cannot accept liability for loss or damage caused by a third party.
Photographer is not responsible for obtaining model, property, trademark, or other, releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain the necessary permissions for any Image use that requires a release.
It is Client’s responsibility to determine whether any releases delivered by Photographer are suitable for Client’s purposes.
In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.
PAYMENT:
All session fees MUST be paid at the time of booking.
NO RIGHTS ARE GRANTED UNLESS AND UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT.
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.
Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered.
TIME AND NO SHOW:
Client agrees and understands that the start time agreed upon is the time the session begins. If Client are late for ANY reason, hers/his time slot will be automatically the latest of the day. If Client doesn't show up for the session, credit will NOT be refunded under ANY circumstance.
CREDITS/CANCELATION:
If the Client cancels his/hers session within at least 48hr in advance, a credit of $50 will be given towards a future session (which expires within 12 months from the date booked).
FAILURE TO PERFORM:
If Photographer is unable to supply her photographic services due to illness, mechanical breakdown, accident, weather inclement, acts of God, or any other cause beyond her control, then Photographer will reschedule the session for her next available date. The booking retainer will move to the new date. The Photographer 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 Photographer.