INTRODUCTION: 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 InBetween the Blinks 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 InBetween the Blinks Photography, its organizers, principals, members, managers, agents, employees and representatives with an address of 917 Pirouette Ct., Raleigh, North Carolina 27606.
AGREEMENT: 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 available by InBetween the Blinks Photography. This Agreement describes the client’s responsibilities and, among other things, limits the liability of InBetween the Blinks Photography.
SESSION DETAILS: The Session/Creative Fee is a non-refundable retainer payable to secure services with the Photographer and reserve your date on the calendar. Prints and products are sold separately. Individual sessions require a $300 minimum purchase. Sessions may be rescheduled due to sickness, or when the Photographer feels there are inadequate weather conditions. Your images will be ready to view on average about two weeks after our session. Your viewing gallery will be available for two weeks and orders must be placed through the photographer within those two weeks. There is a $25 fee to extend the online viewing gallery per week after the initial two weeks has passed, if the client has not place his/her order. 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 two weeks after payment is received. Specialty items, such as albums, framing, or gallery wrapped canvases may take three 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. There is a $30 fee for returned checks. 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 InBetween the Blinks 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 without fault on the part of the Photographer. In the event InBetween the Blinks fails to perform for any other reason, InBetween the Blinks, its organizers, principals, members, managers, agents, employees or representatives and/or Tara Lynn Greife, individually, her heirs, administrators, executors, or successors 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 InBetween the Blinks, its organizers, principals, members, managers, agents, employees and representatives and anyone one else acting on its behalf and Tara Lynn Greife 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, clients pets, clients 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 InBetween the Blinks if you wish to use images for photo contests. Clients purchasing digital images will receive a Print/License Agreement from InBetween the Blinks 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 then 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 digital image that can be used for online sharing. Please respect the photographer's work and do not add "filters" such as those offered on Instagram to images. Please do not screengrab images from your gallery to post online as digital images must be purchased through the photographer.
NOTICE OF COPYRIGHT: The Federal Copyright Law protects copyright. InBetween the Blinks 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. InBetween the Blinks 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 photographer’s work in any manner and is punishable by law.
MODEL/PROPERTY RELEASE: 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 InBetween the Blinks Photography in the event of litigation arising out of such use.
ARBITRATION: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
SEVERABILITY: 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. The laws of the state of North Carolina shall govern this Agreement.I have ready and agree to the above terms and conditions: