Terms and Conditions
By booking a session for the Limited Edition Sessions you agree to the following terms and conditions.
Subjects
The Client shall maintain control of all subjects, including human beings. It is the responsibility of the Client to ensure the cooperation of additional subjects as to not intrude on the pet’s immediate area. The Client assumes all responsibility for their animal(s) or any other subjects during the session, including any and all destruction of personal, business or public property, personal injury or illegalities. Know your animal(s) and their behavior and limitations before allowing them to be photographed in your home or any public area. The Client shall cooperate and follow the directions of the Photographer during the course of the session. Failure to cooperate will result in termination of the session and forfeiture of retainer.
Arrival
The Client shall arrive 5-10 minutes prior to their scheduled session. This will allow for the pet to become comfortable with the area. If the Client does not arrive on this time schedule, time will be deducted from the session time to allow the pet to accommodate to the location and Photographer.
Property Release and Publication
While Photographer will endeavor to ensure a safe and professional Photographic session, some circumstances are outside the control of the Photographer. Client agrees that the Photographer shall be held harmless for any and all injury to client or pet during the course of the photography session and the immediately surrounding events. Further, Client grants to Photographer the absolute and unconditional worldwide right without right to further payment to use, transmit, display, sell, license, and publish photographs of the Client’s pet.
Vaccinations
The pet shall have all current vaccinations at time of the session. For pets that spend time outdoors flea and tick treatment must be current. Failure to provide documentation on request or have current vaccinations will result in cancellation of session and forfeiture of any payments made, including the retainer.
Artistic Rights, Copyright, and Reproduction
Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Photographer shall provide a gallery to Client to choose from and the gallery shall include 15 files or more.
Photographic Materials. All photographic materials, including but not limited to negatives, raw digital files, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online gallery proofing website or through an in-person ordering session. These proofs shall be available to the Client within 3 weeks of the session. All sales are final once artwork is ordered due to the custom nature of the product.
Copyright and Reproductions. The Photographer shall retain ownership of the copyright in all images created. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.
Client Usage and Social Media
The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be used in any other manner, including but not limited to, submitting to contests, reproducing for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release. Client shall not amend the files in any way. Amendments include but are not limited to cropping, reediting, and applying filters.
The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion.
Arbitration
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $1,000. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute
Indemnification and Miscellany
The Photographer shall be held harmless for any and all injury to Client, Client’s pet and Client’s property during the course of the photography session and the immediately surrounding events. The Client agrees that the Photographer is under no obligation to capture any specific moment or pose during the shoot.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. The laws of the State of Wisconsin shall govern this Agreement.
No Partnership Implied
This Agreement shall not create or be construed to create a partnership, joint venture, association or any type of combination. No party shall have the power or authority to act as the agent of the other or to authorize or incur obligations on behalf of the other or to make on behalf of the other party any promises, warranties or representations. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, assigns, parents, subsidiaries or related or affiliated companies.
Attorney’s Fees
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded
Preparation
All pets shall be groomed at least 1 days prior to the session. If the animal is a bird, the wings must be clipped. All animals should not be fed within 2 hours prior to the session. The Client shall not provide treats prior to the session unless previously discussed with the Photographer. The Client shall relay any allergies or dietary restrictions to the Photographer at least 7 days prior to the session. If your animal is diabetic, follow your regular feeding schedule.
The Client shall provide Photographer a pet behavioral history, including but not limited to biting, jumping and incidents of aggressive behavior at least 7 days prior to the session. Failure to provide this pet history shall result in Forfeiture of session time
Failure to Perform
If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited to returning any retainer paid.
The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.