Terms of Service

 

TERMS AND CONDITIONS

1)     This Agreement is confirmation of the above details, and all details and stipulations herein shall apply.

2)  If the Photographer cannot perform this Agreement in whole or in part due to illness, injury, fire, casualty, emergency, act of God or nature or terror, or other cause beyond the control of the Photographer, the Photographer and the Client will make a good faith effort to reschedule the Event.  If the Photographer and the Client are unable to agree upon a reschedule date, the Photographer will return the Deposit to the Client, less the Photographer’s costs incurred as a result of this Agreement, and shall have no further liability with respect to this Agreement.

3)   The Client reserves the right to cancel this Agreement without obligation if notice is received ninety (90) days in advance of the Event date.  In this instance, a full refund will be granted.  After ninety (90) days, the Client will not be entitled to a refund of the Deposit.  If the Event is cancelled within thirty (30) days of the Event date, the client will be obligated to pay the entire balance of the Agreement.  All monies forfeited may be transferred to another event of similar nature and structure, and will be scheduled for a mutually agreeable date and time within six (6) months of the original event.

4)   The Photographer and Client sign this Agreement as independent contractors, and therefore are separated from damage incurred by the Photographer, its officers, employees and the like, or the Client, its officers, employees and the like; for any reason whatsoever.  The Photographer and Client are required to carry their own insurance to cover any and all damages, liabilities, suits, and the like arising out of the actions relating to this Event or any event of the Photographer.

5)    COOPERATION: The Photographer and Client consent to cheerful cooperation and communication with each other to achieve the best possible result within the understanding of this Agreement. The Photographer has the right to end the session, without refund, if there is lack of cooperation or respect. 

The Client shall assist and cooperate with the Photographer in obtaining desired photographs. The Client will point out to the Photographer key individuals to be photographed. The Client will also assist the Photographer in organizing individuals and groups at the Event that the Client wants to be photographed.  The Client also agrees to give the Photographer sufficient warning of key moments that will take place during the Event to give the Photographer time to prepare for such moments.  The Photographer shall not be responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance or cooperation.

The Photographer’s services begin at the Start Time described above. The Client will not be reimbursed for the time lost due to an Event not starting on time.  The Photographer shall not be responsible for photographs not taken if the Client arrives late or if the Event does not run on time.

 

6)     CREATIVE CONTROL: The Photographer will at all times maintain creative control and discretion over the photographing of the Event. This creative control includes final say over positioning, lighting, etc. The Photographer retains creative control over the editing process.

The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the Event.  No unauthorized professional photography is allowed at the Event.

7)     GUESTS: Guests may have digital cameras and want to photograph the Client with these devices during the Event.  In the spirit of cheerful cooperation, the Client agrees to give the Photographer precedence over guests in order to take the photographs required for the Event services described above.  The Photographer will not be held liable for photographs not taken due to interference or interruption of the Photographer’s work by a guest or third party. 

The Client also acknowledges that not all individuals at the Event may want to have their photograph taken.  The Photographer will not be held liable for photographs not taken of these individuals.

No professional photographers other than Rachel Schlabsz Photography are allowed during the Event unless agreed to in writing by Rachel Schlabsz Photography. 

 

8)     VENUE: The Client will be responsible for obtaining any and all rules and restrictions pertaining to the Event. The Photographer will abide by these rules and restrictions during the Event. The Photographer will not be liable for loss of or interference with the photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, and the like.

The Client warrants that the Photographer will not be asked to trespass and that the Client has gained the necessary permissions to have the Photographer photograph all property, people, and things the Photographer will be asked to Photograph, and the Client agrees to produce proof of such permissions if asked by the Photographer.

The Client agrees the Photographer is not responsible and will not be held liable for the actions or inactions of any third party hired to provide venue space pursuant to this Agreement.  The Client will not hold the Photographer liable for any injury that may occur during the photographing of the Event.

9)     IMAGES AND COPYRIGHTS: “Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other media.

 

The Client acknowledges that Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s) in both their original and edited format. As such, the Client understands that without the express written permission of the Photographer, the Client may not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. 

 

The Photographer has complete discretion in selecting the photographic materials that the Photographer will allow the Client to preview.   

 

In regards to sharing images on social media, the Client agrees to only share images that have been provided to the Client with the Photographer’s approval or watermark.

10)  IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD:

The Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified in this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee. 

The term of license begins from the date Photographer receives full payment of invoice and upon delivery of images.

Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark.

The use of any Image(s) by Client will not constitute a work of joint authorship.

Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.

Unless otherwise agreed, Photographer retains the right to use the Image(s) for his self-promotion.

11)  MODEL RELEASE: The Client hereby grants the Photographer the irrevocable, exclusive, perpetual and unrestricted right to take, use, re-use, publish, and republish photographic materials containing the Client or Client's likeness as well as those photographic materials produced as a result of any photographic session the Client contracted with the Photographer (collectively referred to as the “Photographic Materials”), in whole or in part, without restriction as to changes or alterations, and in any and all media now 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.

By this agreement the Client waives any legal right to inspect or approve the preliminary or final Photographic Materials to be used by the Photographer pursuant to this Release. The Client agrees that the copyright to the Photographic Materials is the sole property of the Photographer and that the Photographer may protect the copyright or dispose of or authorize the use of any or all such rights in any manner whatsoever.

The Client hereby release, discharge, and agree to hold harmless the Photographer from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form of the photographic materials or in any subsequent processing of them, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy.

12)  LIMIT OF LIABILITY: The Photographer takes the utmost care with respect to the exposure, retouching, and transportation of photographic materials. As such, the Client agrees that in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer, the Photographer’s liability will be limited to a refund of all payments paid to the Photographer to date less the Photographer’s full costs incurred as a result of this Agreement.

 

Furthermore, the Photographer will not be held liable to the Client, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages which arise regarding this Agreement.  The Client agrees to forever hold harmless the Photographer and to indemnify the photographer from any loss, cost or expense resulting from the activities related to the subject matter in this Agreement. The Client agrees the Photographer’s liability is limited to the maximum extent possible under the law.

13)  MISCELLANEOUS: This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous agreements, representations, and understandings. A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the parties. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

The warranties contained herein are the only warranties made by the Parties. Neither party makes no other warranty nor representations of any kind, express or implied, including any warranties of fitness for a particular purpose or merchantability.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Iowa applied to contracts that are executed and performed entirely in Iowa. The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms and Conditions shall be Iowa. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

The Client cannot transfer this Agreement to anyone else without the Photographer’s express written permission. This Agreement stays in place and need not be renewed. This Agreement cannot be amended by orally and can only be amended in writing with the consent of both parties.