TERMS OF SERVICE
This agreement is between Aaron Kurmey of 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 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
In the case where The Client will not be purchasing or receiving all the useable Images from the shoot, The Photographer will provide The Client with a link to a private, password protected gallery with unedited, watermarked Images. The Client may then select the Image(s) that are to be purchased, edited, retouched, and/or altered, and then delivered according to The Client's specifications.
Final, high resolution Images will be delivered to The Client once payment has been received in full by The Photographer, unless otherwise agreed to by The Client and The Photographer in good faith.
Only the edited and/or retouched Image(s) paid for by the Client will be delivered by The Photographer. The Photographer will retain the original, raw images 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 the Image(s) in perpetuity throughout the world, but grants The Client an 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 Iimage(s) by Client will constitute acceptance of all the above terms and conditions.