Photography
Payment.
The Client shall make payment in full to the Photographer to perform the services specified herein in order to have an appointment scheduled. The payment shall be non-refundable if canceled within forty-eight (48) hours of the session date. If the client should make a payment to schedule a photo session within forty-eight (48) hours of the desired session date, it shall be considered non-refundable. Upon payment, the Photographer will reserve the time and date agreed upon by both parties exclusively for you.
Cancellation, Rescheduling & Late Arrivals.
If the Client requests to amend or cancel this agreement forty-eight (48) hours before the session date, the payment shall be applied to a mutually agreed to reschedule date. If the Client cancels this agreement or fails to show, less than forty-eight (48) hours before the session date and time, the payment shall be forfeited. The Client understands and agrees that the Photographer will not book other sessions during this time. In the event that the Client cancels the photography session or fails to attend the session on the Session Date, for any reason, the Photographer shall suffer losses that are difficult to ascertain. Rescheduled sessions must be within the same calendar year. Any Client that is late arriving at the session will have the amount of time late deducted from the time allotted for the session.
Artistic Rights.
The Photographer retains the right of discretion in selecting the photographic materials released to the client. Photographic prints are an additional cost.
Photographic Materials.
All photographic materials, including but not limited to digital files, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online gallery proofing website or through an in-person ordering session. These proofs shall be available to the Client within 2-3 days of the session. If an online proofing gallery is delivered, it shall remain open for 7 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $25 unarchiving fee shall apply.
Copyright & Reproductions.
The Photographer shall own the copyright of 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 submissions, and use, or for display within or on the Photographer’s website and/or studio. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.
Client’s Usage.
The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints/digital files are for personal or professional use but shall not be submitted to contests, or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.
Social Media.
The Client may share blog post links and Facebook albums through the use of the share functions and dissemination of direct links. The Client shall not copy, download, screenshot, or capture the photographs in any other fashion.
Failure to Perform.
If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, the Photographer shall not be liable.
Photographer.
The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
Photographer’s Standard Price List.
The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
Travel & Overage Fees.
The Client shall pay $75/hour for travel outside the zip code of 45402.
Indemnification.
The Photographer shall be held harmless for any and all injury to the Client during the course of the photography session and the immediately surrounding events.
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. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $500. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
Miscellany.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of OH.
Attorney’s Fees.
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
Studio Rental Agreement
Rates.
$40.00 per hour or any portion thereof. There is a one-hour minimum for studio rentals. Payment is required in full to book the desired date. The date and studio/rental items are not reserved until the payment is received by the Studio. The payment is non-refundable if canceled within 48-hours of the booking date.
The studio may be used for legal business activities only. There is absolutely NO SMOKING, NO VAPING, and NO ALCOHOL allowed in the building. Smoking/Vaping is allowed outside the building. Renter is responsible for cleaning up smoking/vaping-related debris (ashes, cigarettes, etc) before leaving.
Arrive on Time, Leave on Time.
The lease shall start and end as set forth in this Agreement; set-up and clean-up time must take place during hours set forth in this Agreement.
An hourly charge of $40.00 per hour will be applied for each additional hour or any portion thereof that extends beyond rental terms, as set forth in this Agreement.
Be Respectful of Our Neighbors.
Be present at all times during the rental. Keep the event or session contained within the studio. Maintain adult supervision of minors at all times. Clean up trash or other items on-premises prior to leaving.
Studio & Equipment Supplied.
The Studio agrees to provide the studio in good working order but makes no special guarantees as to said studios’ functionality or suitability to Renter’s purposes.
The Renter is entitled to use the entire studio, lighting equipment, and any furniture in the studio at the time of rental.
The Studio is not liable for acts out of its control that affect the shoot, such as power outages, weather, emergencies, or Acts of God.
Renter agrees to return all equipment, studio, and furniture in the condition it was provided and to immediately notify the Studio of any damage, failure, or change in equipment provided.
Rental furniture may not be taken outside. Please do not move any pieces larger than a single chair without two people present to move it without dragging the legs.
Damage to Equipment, Furniture, or Anything Inside or Outside the Studio.
Renter agrees to pay for any repair or replacement costs of equipment, furniture, or studio that Renter damages on the same calendar day.
In the event that the Renter’s employees, Renter’s contractors, Renter’s clients, or any and all Renter’s visitors damage any equipment or studio, Renter agrees to pay for any repairs or replacements necessary on the same calendar day.
Renter agrees to leave the studio in the condition it was found, or a minimum of a $100 cleaning fee will be assessed and invoiced.
There is no warranty that rented items are free of defects.
The Renter agrees that the Studio holds no liability for any damage or injury caused by the use of rental items to Renter or any third party.
The Renter assumes all risks of personal property damage or personal injury.
If an accident involving the Studio’s rental items has occurred while it is in the Renter’s possession, Renter shall make the Studio aware by a written statement of details of occurrence of event including a police report and names and addresses of witnesses, if applicable.
Liability.
The Studio will not be held liable for any injuries or accidents to the Renter, Renter’s employees, Renter’s contractors, Renter’s clients, or any and all Renter’s visitors that occur within or outside the studio premises. Use of the studio requires the following in advance:
Payment in Full.
Accepting and agreeing to the Studio Rental Agreement found on the Terms & Conditions page of Hue12 Studios website.
The premises are to be used for the purpose of a photography/videography studio, including such activities, as are necessary and usually incidental to such use.
The Studio shall have the right to inspect the equipment, studio, and furniture at any time during the rental term.
Renter shall make any and all arrangements necessary to permit a representative of the Studio access to the equipment and studio.
If a breach of any of the provisions of the Rental Agreement occurs, the Studio has the right to revoke Renter’s access to the equipment and studio without any liability to and without prejudice to the Studio, the right to receive rent due or accrued to and including date of revocation.
Refund requests must be made in writing and will be responded to promptly by management. If equipment, furniture, or studio is ordered and delivered, but not used, no refund will be approved.