TERMS & CONDITIONS

In the following terms & conditions “the photographer” shall mean Nikki Rumph trading as Shots By Nik Photography. “The clients” shall be those persons defined seeking my services. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing. 

 

Exclusivity

Client understands and agrees that he or she has hired Vendor exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Vendor hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

Intellectual Property


Copyright Ownership

In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business.

 

Permitted Uses of Product(s)

Vendor grants to Client a non-exclusive license of product(s) produced with and for Client for business use only so long as Client provides Vendor with attribution each time Client uses Vendor’s property. Business use includes, but is not limited to, use within the following contexts:
 

  1. In photos on Client’s business social media pages, profile, website; or

  2. In Business creations, such as a scrapbook or personal gift; or

  3. In Business communications, such as newsletter or email or holiday card.


A licensing fee will be required if images are used for: publishing, paid ads, brand sponsorships, or monetized in any other way.

 

Artistic Release

Client has spent a satisfactory amount of time reviewing Vendor’s work and has a reasonable expectation that Vendor will perform the Services in a similar manner and style unless otherwise specified in this Agreement.


Consistency

Vendor will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Vendor's current portfolio and Vendor will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

  1. Every client and photoshoot is different, with different tastes, budgets, and needs;

  2.  services are often a subjective art and Vendor has a unique vision, with an ever-evolving style and technique;

  3. Vendor will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;

  4. Although Vendor will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Vendor shall have final say regarding the aesthetic judgment and artistic quality of the Services;

  5. Dissatisfaction with Vendor's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

  6. The client agrees not to add a filter to any of the images. Violation of this will occur a fee of $1K per image.


Limit of Liability

Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Vendor.
 

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Vendor shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
 

Indemnification. Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Vendor provides to Client.
 

Cancellation, Rescheduling and No-Shows

If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Client, such as failure of the photoshoot to occur or failure of one or more essential parties to the photoshoot to show up in a timely manner, Client shall provide notice to Vendor as soon as possible via the Notice provisions detailed in this Agreement. Vendor has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Vendor to provide the Services due to the fault of Client (or parties related to Client), and Vendor will not be obligated to refund any monies Client has previously paid towards the Total Cost.  Client is not relieved of any payment obligations for canceled Services, rescheduled Services, failing to show up for the photoshoot, or should it become impossible for Vendor to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.   For instance, if Vendor is able to secure another, unrelated client for, then Vendor may choose another date, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost. 

 

Late Fee

 The Vendor provides a 15-minute grace period to the Client.  However, if the Client arrives at the Photoshoot Location more than 15 minutes after the agreed-upon arrival time, a late fee of $75 shall apply.  The photoshoot session time will not be extended.  The photoshoot will still end at the agreed-upon end time unless the Client purchases and extends the photoshoot time. 

Client understands an extension is subject to the Vendor’s availability and discretion.  The Client may extend the photoshoot time for an additional $175 per hour. 
 

Impossibility

Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
 

  1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or

  2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or

  3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
     

Failure to Perform Services

In the event Vendor cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

  1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

  2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and

  3. Excuse Client of any further performance and/or payment obligations in this Agreement.
     

Non-Disparagement Clause

Non-Disparagement. Client agrees that they will not disparage Vendor, or post any negative statements, reviews, comments, or feedback about Vendor or services provided to any third party whether orally or in any written publication or online forum, chat room, or message board, including but not limited to Facebook, Twitter, Google and Yelp.

Parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a failure to comply with this provision. Parties agree that in the event it is established that Client has failed to comply with this provision, liquidated damages of $1,500 shall be payable.
 

Deliverables

The client will receive the final deliverable for this shoot 14 business days after the client makes their final selections for retouching. The Vendor will keep photos and video on file until two weeks after the final Pixieset gallery has been delivered to the client. It's the client's responsibility to save all images to their hard drive when they receive the final photography.