Terms and Conditions
Definition of Terms and Conditions:
Studio/Photographer: The Gallery Studios, Steve Poisall, and Associate Photographers of The Gallery Studios.
Client: Person(s) or Company hiring the Studio for photography/video services (Work, see below).
Work: Including but not limited to Photography Services, Digital Images [Printable/High Resolution, Web/Low Resolution], Video Footage [RAW Footage, Edited Footage], Prints, and Online Galleries.
Royalty-Free License of Use: A limited license for personal and commercial use. No further compensation is required, unless the Work needs to be replaced. Reselling of the Work is strictly prohibited.
Invoice/Contract: The agreement for an order of specific services or products, including but not limited to the taking of portraits or pictures of events as agreed to by both parties, the Studio and the Client.
It is understood by the Client that the Studio will own the copyright to all Work and reserves the right to use the Work for advertising, display, or any other purpose thought proper by the Studio. The Client hereby releases the Studio, its legal representatives, assigns, and employees from all claims and liability relating to said Work. The Client grants the Studio irrevocable, perpetual, and unrestricted right and permission to take, reuse, publish, and republish Work of the Client or in which the Client may be included, in whole, in part, or in composite without restriction as to changes or alterations, in conjunction with the Client’s own name, or reproduction thereof in color or otherwise, made through any medium at the Studio or elsewhere, and in any and all media now and or hereafter known, specifically including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever. The Client hereby waives any rights the Client may have to inspect or approve the finished product or products and the advertising copy or any other matter that may be used in connection with them or the use to which they may be applied.
(Previous copy) With the purchase of the Work created by the Studio, the Client receives a Royalty-Free License of Use of all Work described in the Invoice/Contract. This “Studio” hereby grants the “Client” the non-assignable, right to use, reproduce and distribute the copyrighted “Work” for personal or company marketing purposes. You are prohibited to resell copyrighted “Work”. This “Studio” reserves the right to use images created under this contract for it’s own advertising, display, publication or other purposes.
Although utmost of care will be taken with digital files, the Studio limits any liability for loss, damage, injury, or failure to deliver Work for any reason to the return of payments made. The limit of liability for partial loss of digital files shall be a prorated amount of the Work lost based on the percentage of total/number of digital files.
Once the Work is delivered to the Client, the Studio no longer assumes any responsibility or liability for the Work.
Upon delivery, the Studio strongly recommends that the Client immediately make at least two (2) copies of any and all digital Work received, whether Digital Images/Video or other Work, and store copies in two (2) completely different hard drives, at a separate location, to prevent loss.
The Studio assumes no responsibility or liability to store copies of the Work once the Work has been delivered or after 60 days after the Work/Service has been performed, whichever comes first.
A collection of in-studio, professional grade servers and Amazon Cloud services are the backbone of our archive system. Maintaining & updating servers & professional Cloud services costs time and resources.
Updated August 2017 – Archiving Policies: As a courtesy, the Studio will archive all purchased Work for one (1) year at no charge. After one year, a Disaster Recovery Fee will be required upon requests to retrieve back-up copies of the Work.
EVENT PHOTOGRAPHY TERMS AND CONDITIONS
In addition to the above terms and conditions:
- It is understood that The Gallery Studios (Studio) is the exclusive official photographer retained to perform the photographic or video services (Work) requested in the Contract.
- No part of any order for Work, including previews, will be delivered until the balance is paid in full.
- As mentioned above, the Studio reserves the right to use images created under this contract for its own advertising, display, publication or any other purposes the Studio deems fit.
- In the unlikely event that the selected Photographer is injured, becomes to ill to photograph the Event, or encounters unavoidable scheduling conflicts, the Studio will make every effort to secure one of the Photographers/Associate Photographers, or substitute another photographer to take the photographs/complete the Work. In the event of such substitution, the Studio/Photographer warrants that the replacement photographer taking the photographs/completing the Work shall be a competent professional. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to return of all payments received for the Event coverage. If the Client does not want the Photographer to find a replacement, the contracting party may choose to receive a refund instead.
- The Studio is not responsible for compromised coverage due to causes beyond the control of the Studio, including but not limited to obtrusive guests, lateness of the Client or guests, weather conditions, schedule complications, incorrect addresses provided to the Studio, rendering of location(s), or restrictions of location(s). The Studio is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photographic or video services/Work. The Studio is not help liable for missed coverage of any part of the Event(s). The Studio will not be held accountable for failure to deliver images of any individuals objects at the Event(s).
- The Client is responsible to obtaining all permits and necessary permission for all locations on which the Studio/Photographer will be performing services. The Photographer is limited by the rules and guidelines of the location(s) and site management. The Client agrees to accept the technical results of their imposition on the Photographer.
- The Studio/Photographer reserves the right to terminate coverage and leave the location(s) if the Photographer experiences inappropriate, threatening, hostile, or offensive behavior from person(s) at the Event, or in the event that the safety of the Photographer is in question.
- Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
- The charges in the Contract are based on the Studio’s/Photographer’s Standard Price List. This price list is adjusted periodically and future orders/re-orders shall be charged the prices that are in effect at the time the order/re-order is placed.
- Any additional Photography/Work coverage beyond the terms listed in the contract will be billed an overtime fee.
- All disputes arising under the contract/agreement shall be resolved through mediation. If mediation is unsuccessful, the dispute will be submitted to bidding arbitration.
- NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without the Studio’s/Photographer’s written permission, and violators of this Federal Law will be subject to its civil and criminal penalties.