TERMS AND CONDITIONS *
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 bringing them to any public area. Please disclose any behavioral or aggression issues before your session.
By signing this contract, I, the client, have the legal right and authority to execute this release on behalf of the subject(s). I hereby irrevocably authorize Salem Pet Photography/Joey Phoenix, Inc. (JPP) and its assignees, licensees, legal representatives and transferees to use and publish (with or without my name, the pet’s name, or with a fictitious name) images of the subject(s) in any and all forms of media, for the purpose of self-promotion, publicity, publishing (including electronic forms as internet websites), resale as prints or other media for commercial use, or in photographic contests or gallery shows. I waive any and all rights to review or approve any use of the images for the above mentioned purposes. JPP agrees to never use the images in a manner which is slanderous, demeaning, or hurtful in any way to me or any of the subjects. I, the client, warrant that I have authority to agree to the use of the likeness of all persons included in the session in this manner and shall indemnify and defend JPP in the event of litigation arising out of such use.
CREATIVE AND COPYRIGHTS:
All images, original and processed, remain the sole property of JPP. It is ILLEGAL to copy or reproduce any photographs, either physically or digitally, without JPP’s permission. Violators of this Federal Law will be subject to its civil and criminal penalties. The client may NOT submit any photos taken by JPP for use in contests. All images, both physical and digital, when purchased or provided to the client are for personal use only. No commercial use by the client is permitted under this contract, including but not limited to resale, promotion of personal business, or use in contests or exhibitions.
The client contends that they are aware of and have viewed the current price list for the session fees and any and all products. This price list is adjusted periodically and may change without notice. Orders placed within the 2 week timeframe (beginning the day the online gallery is activated) shall be charged the prices posted at the time this contract was signed. Future orders shall be charged at the prices in effect at the time when
the order is placed.
JPP will strive to complete sessions, editing and
orders in a timely manner. For this shoot, the images will be completed within two weeks of the session.
If JPP cannot perform this contract due to fire, casualty, act of God, illness, emergency, or other causes beyond the control of the photographer, and cannot reschedule, JPP will return to the client any money paid, but shall have no further liability in respect to the contract. This limitation of liability shall also apply in the event that the photographic materials are damaged in processing, lost through camera or computer malfunction, lost or damaged in the mail, or otherwise lost or damaged without fault or intent on the part of the photographer. In the event that JPP fails to perform for any reason, JPP shall not be liable for any amount in excess of the retail value of the client’s order and session fees paid. It is the client’s responsibility to back up any digital files that are purchased or received. JPP shall not be held liable for loss or destruction of files, prints or products once they have been received by the client. No part of any order will be delivered until the required balance is paid in full.
The client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and the client releases JPP from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. JPP will make every effort to provide the most accurate color reproduction on products purchased through JPP. JPP has no liability whatsoever toward the quality of any prints or products reproduced by the client from digital files purchased from or provided by JPP. It is recommended when displaying or storing prints, to use archival materials whenever possible. If any products arrive damaged through no fault of the client, the client may return the products for a refund or replacement. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.
RETAINER and PAYMENT:
Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation retainer equal to 25% of the total photography fee. No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in full within 10 days of the event date. In the event Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation. Unless the contract is canceled, the retainer fee shall be applied to the photography fee total.
Total Amount due is the amount discussed with photographer. Please make all checks payable to Joey Phoenix, Inc. and deliver to 39 Dunlap Street #2, Salem, MA 01970.