TERMS OF SERVICE
This agreement is between Aaron Kurmey Photography (“The Photographer”) and [YOU] (“The Client”) which includes The Client’s principals, employees, affiliates, and representatives. The Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company, or organization. The Photographer’s relationship with Client is that of an independent contractor. Any and all work of any kind done by the Photographer for the Client will be referred to as “The Production”. “Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement.
SHOOT & RESHOOTS
The Client is responsible for sending an authorized representative to any shoot as part of The Production with the power and ability to endorse and approve of the Image(s) being created. If no such representative is present, The Client must accept The Photographer’s judgment as to the creation of the Image(s).
If The Client requires additional shooting or reshoots, The Client will pay The Photographer an additional fee dependent on the amount of time and work required to be prorated based on any initial estimates provided.
If requested by The Client, The Photographer agrees to provide an initial estimated quote of the cost of The Production prior to commencement on The Production. The Client understands and accepts that the final costs may differ should the specifications of The Production be altered. The Photographer agrees to provide written notice, when possible, of any additional costs beyond what was stated in the original quote to The Client prior to any additional work being down.
A 25% non-refundable deposit of the initial quote may be required prior to commencement of The Production.
The Photographer agrees to provide The Client with an invoice upon completion of The Production. Payment of all invoices is due within 30 days of receipt of the invoice by The Client.
The invoice may reflect The Client’s oral authorizations for any additional services, fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing The Production.
DELIVERY OF IMAGES
Final, high resolution edited and/or retouched Image(s) will be delivered digitally via cloud service to The Client within 1-7 business days following completion of all shooting. Cloud links will be valid for 30 days from their creation.
Unless otherwise discussed and agreed upon, only the edited and/or retouched Image(s) paid for by the Client will be delivered by The Photographer. Exempting any unforeseen technical issues or failures, The Photographer will retain the original, raw Image(s) for 1 year from the invoice date should The Client wish to order further Image(s). Costs of additional Image(s) will be on a pro-rata basis.
COPYRIGHT AND USAGE
The Photographer retains ownership and copyright of the Image(s) in perpetuity throughout the world and may use any of the Image(s) created during the Production for promotional purposes, including but not limited to, websites, portfolios, ad campaigns, and social media posts, but grants The Client a non-exclusive license to use, print, publish, and reproduce the final, delivered Images from The Production. The Client may sell, sublicense, loan, give, or transfer the Image(s) to a third-party.
ACCEPTANCE OF TERMS
This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter.
The Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding, and inures to the benefit of, The Client and The Photographer, as well as their respective principals, employees, representatives, and successors.
In addition to oral and written agreements, use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.