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TERMS OF SERVICE

Copyright:

Kerry Howell Photography is the copyright owner of all photos taken and images automatically receive copyright protection upon their creation. Images can not be given or sold to any 3rd party, including but not limited to, the home owner, builder, architect, landscaper, contractors, etc. Use is only for you and your business. 

The copyrighted works created as a result of the Services provided by Provider in accordance with this Agreement, Provider owns all copyrights in any and all works 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 Provider and may be used in the reasonable course of Provider business.

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Cancellation, Rescheduling and No-Shows

The non-refundable retainer is transferable to a different time and date up to 3 days before the scheduled shoot date. The remaining non-refundable balance will be collected 2 days before the shoot.  Client agrees that the fee schedule fairly compensates Kerry Howell Photography for committing to provide the Services and turning down other potential projects/clients. 

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If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Provider to render Services due to the fault of the Client or parties related to Client, such as failure of the Project to occur, or failure of one or more essential parties to the Project to show up in a timely manner, Client shall  provide notice to Provider as soon as possible via the Notice provisions detailed in this Agreement. Provider 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 Provider to provide the Services due to the fault of Client (or parties related to Client), and Provider 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 cancelled Services, rescheduled Services, failing to show up for the or should it become impossible for Provider  to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. 

 

Exclusivity

Exclusivity. Client understands and agrees that they hired Kerry Howell Photography at a specific date and time and in order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant of Kerry Howell Photography, are permitted on the premise at the location and dates specified in this Agreement.

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

  1. In photos on Client’s personal and business social media pages or profiles; or

  2. In photos on Client's website 

  3. In photos on any online or printed publications 

 

Artistic Release

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

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

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

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

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

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

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

 

Limit of Liability

Maximum Damages. 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 Provider.

 

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, Provider 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 Provider 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) Provider  provides to Client.

 

Impossibility

Force Majeure. 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 Provider 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.

 

Appropriate Conduct/ Safe Working Environment.

Project: 

The Client(s) expressly agree(s) to take best efforts to provide [Provider] and Provider’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either [Provider] or a bystander to present a threat or implied threat of injury or harm to [Provider] staff or equipment, the [Provider] reserves the right to cancel all services remaining under this Agreement and leave if performing services on-location. At the [Provider]’s discretion, the [Provider] may enact a three-strike policy. After the first offense, the [Provider] will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), [Provider] shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder 

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