For the purpose of this agreement:-
- “Agreement” means the following terms and conditions of this contract, agreed upon by the parties to this contract.
- “Images” includes (1) all products and prints created; (2) images on Mucky Pup Photography website, blog, social media and in all media forms now known or hereafter devised; (3) digital files such as jpeg, psd, and all other file formats.
- “Photographer” refers to Sarah Jones trading as Mucky Pup Photography, its organisers, principals, members, managers, agents, employees and representatives.
- “The Parties” refers to the photographer and the client.
This Agreement constitutes a full and complete agreement between the parties. There are no oral or other agreements that supplement, modify, or supersede this Agreement. This Agreement describes the terms and conditions applicable to the services made available by Mucky Pup Photography. This Agreement describes the client’s responsibilities and, among other things, limits the liability of Mucky Pup Photography.
- The Creative Fee is a non-refundable retainer payable to secure services with the Photographer. Sessions may be rescheduled due to sickness, or when the Photographer feels there are inadequate weather conditions for on location sessions. Please give the Photographer as much notice as possible.
- If inclement weather or other adverse conditions prevent the session from taking place, we will simply rearrange for another date.
- Throughout a photo session the owner of the animal(s) is responsible for the behaviour and actions of their pet(s)/animal(s) and to the fullest extent permitted by law, Mucky Pup Photography will not be responsible for any injury to the animal, owner or third party during the photography session.
- The welfare of the animal(s) in the photo session remains the highest concern. The session may be suspended or cancelled (to be rescheduled) altogether should the animal(s) show signs of unease, discomfort or other adverse physical or emotional condition.
- Should Mucky Pup Photography become concerned over the welfare of the animal(s) at any point during the sessions Mucky Pup Photography reserves the right to terminate the session immediately.
- Waiver of liability: client expressly releases the photographer from all claims, damages, and liabilities that may result from accidents or incidents that occur during the photo session. This waiver of liability includes waiver of any claim that may be a result of negligence.
- If the Creative Fee includes a product credit, that credit may be applied towards any Images purchased.
- Most sessions include an in-person Session Premier. The client will view all final images and make all ordering decisions at this time. All decision makers should be present at the Session Premier. All orders placed 60 days or more after the session was held will be subject to the current studio pricing.
- Print orders will be ready for delivery approximately four weeks after payment has been received. Specialty items, such as albums, framing, or gallery wrapped canvases may take six to eight weeks.
- Due to the custom nature of the artwork, once 48 hours has passed from the Design Consultation there are no refunds. However, your satisfaction of the quality of the artwork is guaranteed.
- Images will not be delivered until all fees have been paid in full.
- The Client is responsible for digital storage of all digital media purchased. Please back up your files on your computer as well as a cloud storage for maximum protection. Digital media does fail.
LIMITATION OF LIABILITY
- If Mucky Pup Photography cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, or otherwise lost or damaged. In the event Mucky Pup Photography fails to perform for any other reason, Mucky Pup Photography, its organisers, principals, members, managers, agents, employees or representatives and/or Sarah Jones trading as Mucky Pup Photography, individually, her heirs, administrators, executors, successors or assigns shall not be liable for any amount in excess of the retail value of the Client’s order.
- By agreeing to this session client hereby releases, discharges, holds harmless and indemnifies Mucky Pup Photography, its organisers, principals, members, managers, agents, employees and representatives and anyone else acting on its behalf and Sarah Jones individually, her heirs, executors, administrators, successors and assigns from any and all claims, actions, suits, liabilities, and/or proceedings both in law and in equity that the client, client’s pets, client’s children, wards and/or the parents and/or guardians of the children or ward may have or will have in the future for any injury and/ or damages arising from or in any way related to this session.
USE OF IMAGES
- The client shall not use the Images for profit or any other commercial purpose, nor shall the client knowingly give the Images to any persons who will use the Images for profit or any other commercial purpose. This includes, but is not limited to: entry into contests, sales to stock photography agencies, and publishing for advertising or profit in any form. Written permission must be obtained from Mucky Pup Photography if you wish to use images in a commercial manner.
- Clients purchasing digital images will receive a Copyright License Agreement from Mucky Pup Photography that will allow the client to reproduce and distribute all purchased digital images, so long as it is for their personal enjoyment. Clients may not utilize the images for commercial use, photo contests, or alter the image in any way other than cropping when printing.
- Only images that have been resized for the web may be posted online. The client will receive a watermarked web file of each purchased image that can be used for online sharing.
NOTICE OF COPYRIGHT
- Mucky Pup Photography shall retain ownership of the copyright to all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submission and use, advertising, or for display within or on the Photographer’s website and/or studio in all media forms now known or hereafter devised. Mucky Pup Photography reserves the right to sell images for stock or commercial use, this does NOT apply to any image with a human adult or child. Images containing human subjects will not be used for stock or commercial use without your written permission.
- It is illegal to scan, copy, or reproduce Mucky Pup Photography work in any manner and is punishable by law. Mucky Pup Photography goes to great lengths to provide top-quality, beautiful images that you are proud to display. Copying and scanning these images greatly reduce their beauty and quality. Please contact us if you would like additional prints.
- This Agreement qualifies as a model and property release for you, your pets, and your child(ren). The client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons and property included in the portrait in this manner and shall indemnify and defend Mucky Pup Photography in the event of litigation arising out of such use.
In the event that any provision of this Agreement is held invalid by any tribunal of competent jurisdiction, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect.