Photography Terms of Service

Effective February 1, 2018

Summary:

We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this agreement you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into agreeing to something that you might later regret. What we do want is what’s best for both parties, now and in the future.

So in short;

You or your company (“You”) are hiring us Brownhoist, LLC (“We or Us”) to:

• Capture and deliver photos

For the total price of as indicated on the booking form.

Of course it’s a little more complicated, but we’ll get to that.

What do both parties agree to?

You: You have the authority to enter into this agreement on behalf of yourself, your company or your organization. You’ll give us the access and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Bookings work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment terms set out at the end of this agreement.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to arrive on time and prepared to work.

GETTING DOWN TO THE NITTY GRITTY

Photography

We will arrive on-time or contact you to notify you of any delay of more than 15 minutes. You will be responsible for providing safe access to the location, as well as obtaining the proper permissions from project owners. Our equipment will be in functioning order, and our photographer will do their best to capture a wide range of photo options for your project. The style of these photos can vary depending on: the notes provided when booking us; the guidance of the on-site contact; or weather or construction zone conditions. You should ensure that any individuals that can be identified in photos have signed a release form.

Safety

We will arrive with basic personal protection equipment of a hard hat, a safety vest, and closed toed shoes. Should your work zone require additional protections, it is your responsibility to notify us when booking. We may ask you to provide additional equipment or pay an additional fee.

Delivery

We will upload all of the photos captured, removing any with notable quality issues, to a secure website where you can browse and download original files. We will keep your photos in this archive for at least a year.

Legal stuff

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this agreement and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, if any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Phew.

Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide photos to you, we agree to protect you from any claim by a third-party that you’re using their intellectual property. Provided you’ve paid for the work and that this agreement hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

You’ll own the original photos and any photos you have paid us to touch-up. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

Payment terms

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.

Payment schedule

Upon booking, we will charge your credit card for the full amount of the booking and any additional costs. Additional charges will be invoiced and payment will be due upon receipt.

You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice. We reserve the right to charge interest on all overdue debts at the rate of 10-percent per month or part of a month.

Cancellations

Cancellations can be made by either party. Cancellations should be sent in the form of email. Should there be a cancellations, refunds work like this:

If we cancel

• If we arrive at your location and find that we are unable to complete our tasks because of unsafe work conditions, restricted access to work site, or any other limiting factor, you will receive a refund in the amount of half of your booking fee.
• If we cancel your appointment for any other reason, you will receive a full refund of  your booking and mobilization charges.

If you cancel

• Cancellations must be received via email no later than 24 hours prior to the start of your appointment time. Any cancellation after that point will be ineligible for refund.
• Cancellations received 48-24 hours prior to the start of your appointment time will be refunded the total amount of booking fees and mobilization charges, less a $100 cancellation fee. This fee can be waived if you choose to re-book for a date no more than 15 days in the future.
• Cancellations received more than 48 hours prior to the start of your appointment time will be refunded the total amount of booking fees and mobilization charges.
• Once the photos have been taken, there are no refunds.

But where’s all the horrible small print?

Just like a parking ticket, neither of us can transfer this agreement to anyone else without the other’s permission.

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this agreement and not cause the other to breach any relevant laws or regulations.

This agreement stays in place and need not be renewed. If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this agreement is a legal document under exclusive jurisdiction of Bay County, Michigan courts.

The dotted line

By booking our services, you will have indicated acceptance of these terms.