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Terms & Conditions

Photo-Video Service Terms & Conditions

 

  1. Deposit and Payment. The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due.  If the Client refuses delivery of the order or refuses to pay within thirty (30) days of this order, Client shall be in default hereunder and shall pay three percent interest on the unpaid balance until payment is made in full.

 

  1. Cancellation. If the Client shall cancel this Agreement 3 or more calendar days before the session date, any deposit paid to the Photographer shall be refunded in full.  If Client shall cancel within 2 days of the session date and if the Photographer does not obtain another assignment for that time, liquidated damages shall be charged in a reasonable amount not to exceed the deposit.

 

  1. Video Materials. All video created by the Photographer shall be the exclusive property of the Client. The Client shall not remove any copy of the video from the studio unless payment has been made in full pursuant to this Agreement.

 

  1. Copyright and Reproductions. The Photographer shall own the copyright in the video created and shall have the exclusive right to make copies of them.  The Photographer shall only make copies for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for viewing within or on the outside of the Photographer’s studio.  If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.

 

  1. Client’s Usage. The Client is obtaining copies for professional marketing use only, and shall not sell said copies or authorize any reproductions thereof by parties other than the Photographer.  If Client is obtaining copies for sale or reproduction, Photographer authorizes Client to sell or reproduce only as set forth under Special Usage Requirements on the front of this form.

 

  1. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement.   This limitation on liability shall also apply in the event that the video is lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer.  In the event the Photographer fails to perform pursuant to the terms of this Agreement for any other reason, including but not limited to problems with exposure, editing, duplication, or delivery, Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

 

  1. Photographer. The Photographer may substitute another photographer to take the video in the event of Photographer’s illness or scheduling conflicts.  In the event of such substitution, Photographer warrants that the photographer taking the video shall be a competent professional.

 

  1. Credit. Photographer reserves the right to place a credit line at the beginning or end of the video as well as on the cassette or DVD or any packaging.

 

  1. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

 

  1. Client’s Originals. If the Client is providing original videos to the Photographer for duplication or any other purpose, in the event of loss or damage the Photographer shall not be liable for an amount in excess of $5.00 per video.

 

  1. Arbitration. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Nevada or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator recognized by the State of Nevada and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

 

  1. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties.  Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This  Agreement shall  be  governed by the laws of the State of Nevada.

    Please feel free to contact us should you have any questions or concerns.
    E-mail: Action@IDFX.media
    Phone: 702.625.1314

    videography, photography, motion graphics

    Terms & Conditions | IDFX Image Productions