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This is my "legal" page.  It is here to protect myself, the photographer, and YOU the client from anything going wrong.  In a nutshell, this page explains deposits, how the edited photos may or may not be used, how the unedited proofs may not be posted online anywhere, at anytime without express written consent from Sarah Lyons, the Photographer of PictureGroove Photography.  If we come to an agreement that you would LIKE to use your unedited photos online, then there is a fee associated with that, and my PictureGroove "Unedited" image logo MUST be displayed on the photo.

 

DEFINITIONS:

 

The photographer is Sarah Lyons of Picturegroove Photography.  The "client" is and person, group, firm, or company with whom the photographer enters in to a contract for the sale of goods or provision of services by the photographer.

 

ACCEPTANCE OF TERMS AND CONDITIONS:

 

All contracts and transactions between the photographer and the client whether made orally or in writing are subject to these terms and conditions, which shall be deemed to be incorporated in to any contract between the photographer and all or any of it's clients.

 

WEBSITE:

 

The content and images used on this website are property of and Copyrighted by PictureGroove Photography, or Sarah lyons Photography, whichever shall be used and deemed appropriate.  Certain images may be utilized on other websites under the submission of PictureGroove Photography and or Sarah lyons.  No images of any kind may be duplicated, copied, or otherwise taken from the website without written consent from Sarah lyons, DBA PictureGroove Photography, or the creator of the work itself.

 

PAYMENT TERMS:

 

Payment for all products and services provided by the photographer must be made upon the completion of the photo shoot assignment.  If there is a payment plan set up for the client, the client must agree to the specific terms and conditions of the payment plan contract.  Once the payment is made in full, the client will then receive their proofs for their image selections.  A deposit of 50% of the total amount of the shoot must be made at the time of booking.  The photographer reserves the right to charge overdue payments on payment plans 10% per each payment due on the payment plan.

 

REFUNDS:

 

The shoot deposit will only be refunded if your shoot is re-scheduled within 30 days of your ORIGINAL shoot date, OR if the photographer had to cancel the shoot.

 

BOOKING DEPOSIT:

 

THE 50% DEPOSIT IS REQUIRED AT THE TIME OF BOOKING/SCHEDULING YOUR SHOOT.   This fee is non-refundable and is applied towards your final payment.

 

RETENTION OF TITLE:

 

The photographer reserves the tight to retain all of the client's material until all monies owed to the photographer have been paid in full.  This means that the license to reproduce images created by the photographer will also be revoked until the final payment is made.

 

SERVICES:

 

Payment for services is due upon completion of the shoot, or work completed on shoot day.

 

BOOKING:

 

BOOKING SHOOTS:  the photographer may be booked based on individual shoot packages that she provides to the client.  Custom jobs may also be available by the full day, half day, or by the hour for unique projects.

 

TIME TO RECEIVE EDITED IMAGES AND OVERRUNS:

 

Depending on the travel schedule and prior work load of PictureGroove Photography, the edited images can expect to be received as quickly as 3 weeks from the day the client selects the images.  However there are busier times during the year where the client may have their complete order fulfilled within a 4-5 month time frame.  There may be additional "rush" fees charged by the photographer if a client is in a real rush for their edited images, and will be discussed and contracted between the photographer and the client at that time.  No rush work will be completed without the payment of the rush fee.

 

COMPLETION OF THE WORK:

 

The work is complete when the photographer provides the client with their edited images via email or via mailed DVD directly.  Upon completion of your shoot and payment received in full, the client will receive an email link to their web gallery containing their raw images from their shoot for the selection purposes ONLY of the client.  If the client decides that he or she would prefer the photographer would be better suited to select the images for them there is a selection fee involved and the client will then be invoiced and contracted by the photographer to select the images on behalf of the client.

 

CONDUCT:

 

The client shall be responsible for their OWN behavior as well as the behavior of any other person or persona accompanying them to their shoot.  The photographer reserves the right to terminate the assignment without notice or refund if deemed that the client's behavior is unruly, unsafe, threatening, or unstable.  In such instances, the photographer reserves the right to charge the full fee for the shoot and the client will fully reimburse the photographer for any loos or damage they cause to the photographer, property, or equipment involved with the shoot.

 

PRICE AND TERMS:

 

All prices shown within the photographer's price list are subject to change without notice.  The photographer reserves the right to ammend these Terms and Conditions without prior notice.

 

COPYRIGHT:

 

The Photographs. Photographer produces two types of Photographs. One type, “Selection Photographs,” are raw-image Photographs produced by Photographer in preparation for an editing process. The other type, “Finished Photographs,” are Photographs produced by Photographer from the editing process. Unless otherwise noted, reference to the “Photographs” in this Agreement includes reference to both the “Selection Photographs” and the “Finished Photographs.”

Ownership. All rights, including all copyrights, in and to the Photographs are owned by Photographer. The Photographs are not works-made-for hire for Client, and Client acknowledges as such.

Photographer's Rights and Obligations. Photographer owns the copyrights in and to the Photographs, and as such, reserves the rights to reproduce the Photographs, to prepare derivative works based upon the Photographs, and to distribute copies of the Photographs. Photographer shall have the right, without any obligation to Client or any third party, to revise, edit, use, and exploit the Photographs in any manner without further notice to or review or approval by Client or any third party. Client consents to Photographer's use of Client's name, likeness, and biographical material in conjunction with the use of the Photographs. All other rights not expressly treated in this Agreement are reserved to Photographer.

Client's Rights and Obligations. Photographer hereby grants Client a non-exclusive limited license to use the Photographs as defined below in Subsections 5.1 and 5.2. Any other use of the Photographs is prohibited. Client is expressly prohibited from submitting, sending, or publishing the Photographs to soft- or hard-core pornographic agencies, magazines, websites, commercial or media outlets, or other distribution channels. Client may not assign, license, or transfer Client's rights without Photographer's prior written consent. Client may purchase or license additional rights to the Photographs through a separate written agreement pursuant to Section 9 of this Agreement.

The Selection Photographs. The only allowed use of the Selection Photographs is by Client for selecting the Photographs which Client desires to have Photographer edit. The Selection Photographs may be downloaded only to Client's own computer(s). The Selection Photographs may not be printed, copied, transferred, edited, shared, reproduced or distributed for any reason. Derivative works based on the Selection Photographs may not be prepared. The Selection Photographs may not be posted online for any reason. The Selection Photographs may not be submitted, sent, or published to any agency, magazine, website, commercial or media outlet, or other distribution channel. In very limited circumstances, and only with the separate express prior written consent of the Photographer, which consent is not given in this Agreement, Client may distribute the Selection Photographs for limited purposes.

PictureGroove Photography - Copyright Ownership Acknowledgment 

The Finished Photographs. The Finished Photographs may be reproduced and distributed for personal use by Client, advertisement of Client, or for other commercialization by Client except as prohibited in this Agreement. Neither Client nor any third party may prepare derivative works based upon the Finished Photographs. Any and all uses of the Finished Photographs must display the PictureGroove logo as originally applied by Photographer and must additionally be accompanied with a credit to PictureGroove Photography, www.picturegroove.com, and/or Sarah Lyons.

Breach. Client's actions in violation of this Agreement may damage Photographer in unforeseen ways. For instance, magazines will frequently refuse to publish photographs of a model which have previously been released by the model, such as on the model's own site or Facebook account. For reasons such as these and others, and without limitation to any other remedies that may be available, any breach of the terms of this Agreement shall result in the immediate rescission of all rights granted by Photographer to Client herein and shall allow Photographer to seek injunctive relief. Without limiting the foregoing, (i) Client shall be held liable for any and all damages suffered by Photographer and any third parties in relation to the breach by Client of the provisions of this Agreement, and (ii) any payment or other consideration payable to or received by Client in connection with the unauthorized use or disclosure of the Photographs shall be the property of Photographer and shall be immediately turned over to Photographer by Client.

Term. The term of this agreement shall be for the life of the copyrights in the Photographs, as it may be modified or extended by act of the United States Congress.

Reformation and Severability. If any section of this Agreement is deemed invalid or unreasonable by a court or arbitrator, such section shall be severable from the remainder of this Agreement, which shall be enforced according to its terms irrespective of the enforceability of the invalid or unreasonable section, provided such enforcement is consistent with the general intent of the Parties as evidenced by this Agreement as a whole.

Agreement and Amendment. This Agreement is the entire agreement of the Parties with respect to ownership of the rights, including all copyrights, in and to the Photographs and may be amended only by a written document signed by both Parties. This Agreement may not be the only agreement between Photographer and Client related to Photographer's engagement. This Agreement preempts and invalidates any other agreement between the parties with respect to ownership of the rights (including all copyrights) in and to the Photographs. This Agreement shall not preempt or invalidate any other agreement between the parties, except as here stated, and except as such other agreement may conflict with this Agreement.

Agency. If Client wishes to engage Photographer to submit the Photographs to an agency, magazine, website, commercial or media outlet, or other distribution channel, such engagement will be subject to an agreement separate from this Agreement. Nothing herein contained shall be construed to place the Parties in the relationship of principal and agent, licensor and licensee, partners or joint venturers.

Governing Law. The law and courts of Arizona shall govern this Agreement. Client hereby consents to the jurisdiction of the courts of Arizona.

PictureGroove Photography - Copyright Ownership Acknowledgment

Attorney's Fees. In any proceeding arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and other expenses incurred in connection with such proceeding.

Arbitration. Disputes not resolved by agreement of the Parties arising out of this Agreement will be submitted to binding arbitration in metropolitan Phoenix, Arizona in the United States of America, before a single arbitrator or, if the parties cannot agree upon a single arbitrator, before a panel of three arbitrators, one selected by each party (within 10 days after notice of a dispute and failure to agree upon a single arbitrator) and a third arbitrator selected by the selected two arbitrators. The selection of arbitrators and all arbitration proceedings will be in accordance with the rules of the American Arbitration Association, as amended to the date of the proceedings, and judgment upon the award may be entered in any court having jurisdiction. The arbitrators must render a decision within 30 days after their appointment and may award the costs of arbitration as they see fit. 

 

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