Terms and Conditions of Contract

AGREEMENT OVERVIEW

This agreement contains the entire understanding between Developing Wings, Inc. and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties.

SERVICE AGREEMENT

This confirms my contracting agreement: the client agrees that Developing Wings, Inc. shall provide services to photograph the client’s business and/or products to the best of our abilities in accordance with the package selected. Every effort will be made to assure your satisfaction according to industry standards. Any artistic interpretation by the photographer will be deemed acceptable and correct. If you are not satisfied with your images through fault of Developing Wings, Inc. your images will be retaken. Notification of dissatisfaction must be received in writing within one week of receipt of images or upon receipt of products in order to receive refund or replacement. We do all we can to ensure that you are satisfied with your images and products. We cannot be responsible for dissatisfaction due to circumstances beyond our control.

COOPERATION

The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The expectation is that the client or their authorized representative will be present during the sessions, if the client is not able to be present then Developing Wings, Inc. shall use its own judgment regarding style and the composition of pictures. This includes but is not limited to locations, poses and number of images taken.

IMAGES AND COPYRIGHTS

Photographs/images produced by Developing Wings, Inc.  are protected by Copyright Law. Upon final payment by the Client, the Client is granted limited license to use and or display resulting images as outlined in the Usage Rights of this document. Said images may not be altered or used in any manner outside what is prescribed in this document without prior written permission of Developing Wings, Inc. The Client must obtain written permission from and compensate Developing Wings, Inc. prior to the Client, its associates, friends or relatives re-distributing or selling the photographs for any reason not prescribed in this document.

MODEL & PROPERTY RELEASE

The Client(s) & Subject(s) hereby grant to Developing Wings, Inc., the irrevocable and unrestricted right to use and publish photographs of the Client and/or the Client’s business and/or products for the promotion of Developing Wings, Inc.’s business and services, including editorial, trade, advertising and any other purpose and in any manner and medium.

LIMIT OF LIABILITY

In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents them from photographing the session, Developing Wings, Inc. will make every effort to reschedule the session. If for whatever reason this is not possible, responsibility and liability is limited to the rescheduling, or return of all payments received for the package purchased. Developing Wings, Inc.  Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Developing Wings, Inc. control, Developing Wings, Inc. liability is limited to the return of all payments received for the photography package.

THIRD PARTY PUBLISHERS

Developing Wings, Inc. cannot be held liable for the policies and requirements of third party publishers. Developing Wings, Inc. will exercise all due efforts to ascertain and abide by the policies and requirements of third party publishers but as those policies and requirements may be subject to change without notice it is not the responsibility of Developing Wings, Inc. to ensure that any delivered content is published by any third party publishers. Developing Wings, Inc. accepts full responsibility for the delivery of the imagery to the client. Any offer of delivery to a third party publisher is made with the understanding that the imagery will have been made with consideration for the policies and requirements of any publishers named in the 'Services to be Provided' section of the contract but no express guarantees for the actions of another entity are possible at any time.

COVERAGE

The Client(s) understands and accepts that the photographic coverage will be as our professional expertise determines and that not one photograph be deemed more important than another. Every effort will be made to comply with your wishes. Any additional requests not notified on this booking form must be made by the Client in writing.

PROOFS, PRINTS AND RETOUCHING

Proofing images will be individually corrected for colour balance, density, contrast, etc. No retouching will be applied to any proof image. All prints and/or final images that are subsequently ordered or used will receive individual attention in the form of retouching, enhancement, selective area adjustment, textures, etc. Retouching means correcting various elements in an image such as litter, distractions and minor physical flaws, and artistic enhancements. Developing Wings, Inc.  is granted total artistic control over the final image and the Client understands that these are the steps Developing Wings, Inc. will take when referring to retouching.

CANCELLATION

If Developing Wings, Inc.  has to cancel the session for reasons beyond their control and the contract has to be completely cancelled their liability is limited to a full refund of all monies paid to Developing Wings, Inc.

RETAINER & PAYMENT SCHEDULE:

The Client shall pay 50% of the full session fee at the time of signing this agreement. This is A NON-REFUNDABLE RETAINER. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for any loss of earnings incurred. The Client shall also be responsible for payment of any Developing Wings, Inc. materials/charges incurred up to the time of cancellation. The retainer shall be applied towards the total cost of the services rendered. The remaining charges are payable on the day of the shoot and prior to release of any usage rights.

 

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