Retainer and Acceptance of Terms and Conditions
By remitting payment of the 50% retainer fee, the Client expressly acknowledges, agrees to, and accepts all terms and conditions set forth within this Agreement. The payment of the retainer shall be deemed as the Client's full understanding and unequivocal acceptance of this Agreement in its entirety.
Authorization to Charge Credit Card on File
The Client hereby authorizes Shots By Nik to charge the credit card provided by the Client and kept on file for any and all amounts due under this Agreement. This includes unpaid balances, additional services requested by the Client, and any other charges or fees as stipulated in this Agreement. This authorization will remain in effect until all obligations under this Agreement are fully satisfied.
The Client acknowledges that all payments made under this Agreement, including the retainer fee, are final and non-refundable. This non-refundable policy compensates the Vendor for committing to provide the Services under this Agreement, thereby declining other potential engagements.
In the event of any cancellation or rescheduling initiated by the Client, the retainer fee and any additional payments serve to compensate the Vendor for the loss of business opportunities and time and resources already invested.
Exclusivity
The Client acknowledges and agrees that they have engaged the Vendor on an exclusive basis. No other service providers shall be allowed to offer the same or similar services or products, whether for compensation or gratuitously, at the locations and on the dates specified in this Agreement. Any breach of this exclusivity clause may lead to termination of this Agreement.
Intellectual Property & Copyright Ownership
The Vendor shall retain all copyright ownership of any work(s) created under this Agreement. Any products conceived, created, or generated are exclusively owned by the Vendor, who retains the right to use these products for advertising, promotion, and portfolio display. No ownership or copyright shall pass to the Client unless expressly provided for in a separate written instrument signed by the Vendor and upon receipt of full payment for the Services.
Permitted Uses of Product(s)
The Vendor grants the Client a non-exclusive license to use the product(s) produced for legitimate business purposes, provided that appropriate attribution is given to the Vendor. Use for purposes including publishing, paid advertising, or monetization requires an additional licensing fee.
Artistic Release
The Client acknowledges that they have reviewed the Vendor's portfolio and has reasonable expectations that the Services will be performed in a comparable manner and style. The Vendor's services are of an artistic nature, and variations in Services are inherent. The Client agrees that the Vendor shall execute the Services using their artistic discretion unless otherwise indicated in writing.
Photographer's Right to Use and Share Photographs
The Client grants the Photographer the irrevocable and unrestricted right to use, reproduce, display, publish, and distribute any photographs taken under this Agreement for any lawful purpose without requiring the Client’s prior approval or consent. The Photographer retains all moral rights in the photographs and agrees not to alter them or use them in a manner that is derogatory to the Photographer’s reputation.
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