1. Purpose and Definitions. This is a general overview of legal terms and conditions that may apply to your purchase of photos or services. Jason Hoekema, is hereby known as The Photographer and Jason Hoekema Photography, is hereby known as The Studio. Photograph(s) refers to an image, digital or printed in any size or on any medium. Photographic product is any item produced for the client that includes, but is not limited to USB or SD cards, Boxes, Albums, etc.The Client is you.
2. Ownership and Copyright. Copyright and all reproduction rights in the photographs, as well as the physical photographs themselves, are property and reserved to the photographer. Clients acknowledge that the photographs shall be held in confidence and agrees to not project, copy, store, or modify directly or indirectly any of the photographs sold or submitted (whether such modification is of the photograph itself or involves combining the photograph with other images, graphics, or written elements, including but not limited to comping for clients) without the express written permission of the photographer. Nor will any client allow any third party to do any of the foregoing. Reproduction shall be allowed only upon the photographer's written permission, specifying fees and usage limitations. In the event of licensing of usage right by client, payment shall be made within 15 days of invoicing. Copying, projecting, or any reproduction of any kind without written permission of the photographer will result in a 1,650 US Dollar penalty. Failure to pay penalty will result in civil and/or criminal litigation.
3.Shipping, Delivery, Loss, Theft, or Damage. Client agrees to assume all responsibility of photographs after delivery from the photographer or shipping agency. The client will be strictly liable for damage, theft, loss, or destruction of photographs that are not insured in transit from the photographer or from the printing agency to the client. Should the client fail to request and pay for insurance during shipping, the client will be responsible for re-purchase of prints at a reduced cost from the photographer if photographs suffer from damage or loss.
4. Proofing and Samples. All photography proofs, digital or produced, are the sole property of the photographer and studio. Should photographs not be purchased from the photographer and studio, the proofs and any samples will be returned to the photographer within 14 days of delivery to the client. Failure to return proofs or samples, for any reason, will result in costs of full price photographs/photographic products to be billed to the client, who shall pay within 15 days of invoicing. Failure to purchase the proofs or samples will result in civil or criminal litigation.
5. Copyright Notice. Unless agreed upon by the photographer, in instances where reproduction was approved as part of the photographer-client agreement, a copyright notice will be placed adjacent to or within the image border. Such notice shall be written as, "(Year), Jason Hoekema". If such copyright notice, which also serves as authorship credit, is required but omitted, the client shall pay as liquidated damages triple the usage fee agreed upon in the agreement. Infringement of the photographer's copyright by unauthorized use or alterations of ANY image owned by the photographer will result in an infringement penalty of $2,000. Failure to pay the fee will result in criminal and/or civil litigation with all expenses, lawyer, and court fees incurred to be paid by the party liable for the copyright infringement.
6. Tear Sheets. Press and magazine publications will provide two copies of any publication utilizing the photographer's photographs.
7. Releases. The client agrees to indemnify and hold harmless the photographer and studio against all claims, costs, and expenses (including attorney fees), arising when no model or property release has been provided to the client by the photographer or studio, or when uses exceed the uses allowed by such a release.
8. Payments. Down payment is due at time of booking, unless waived by the photographer. All fees related to travel, lodging, and meals are due to the the photographer before start of travel. Airline reservation fees are due prior to booking and reserving flights. If downpayment is made, the client is responsible for paying the remainder of the service fee at the time of photography session. Failure to complete services payment will result in immediate cancellation, without refund of any downpayment(s) made to the photographer. All expenses not paid to the photographer will result in holding of photographic products until payment is received. Failure to pay within 30 days of invoice will result in destruction of photographic products without refund of services or product purchases to the client. The client is responsible for any sales tax (8.25%) due in addition to services and product purchase. Fees related to travel and lodging are not taxable.
9. Reservation of Rights. Unless specified in the photographer-client agreement, any grant of rights shall be limited to the United States for a period of one year from the date of invoice and, if grant is for magazine usage, shall be first North American serial rights only. All rights not expressly granted shall be reserved to the photographer and studio, including but not limited to, photographic products of photographs. The client shall not modify in any way, any photograph or photographic production without the express written permission of the photographer.
10. Re-shoots. If the photographer is required by the client to re-shoot an assignment or session, the client shall pay all expenses incurred by the photographer in addition to the full price of service or photographic product. The following conditions will negate the forgoing requirements of item number 10 if the reshoot is due to (a) Acts of God, (b) error of the photographer or studio. If client has already paid in full, no additional charges aside from fees incurred by the photographer shall charged.
11. Cancellations. In the event of cancellation by the client, the client shall forfeit any down payment made to the photographer and will pay the full fee if not cancelled prior to 5 days before session. Weddings and large events shall be cancelled with 2 weeks notice prior to scheduled photography session or service, and will forfeit any down payment made at time of booking. Airfare is non-refundable once booking is made. Lodging is non-refundable once reservations are made. Any fees incurred due to late cancellations shall be the responsibility of the client.
12. Assignment. No one aside from the photographer or client shall make any modifications to the agreement without consent of both the photographer and the client. Both the client and any third party who may act on the client's behalf are entered into this agreement and shall be jointly liable for any fees or charges outstanding from business conducted under this agreement.
13. Deposits. The client shall make a deposit to retain the photographer to perform the services agreed upon in the photographer-client agreement. At such time as the order is completed, the deposit shall be applied to reduce the total cost and client shall pay any remaining balance due. If the client refuses delivery of the order, or refuses to pay within 15 days of invoice, shall be in default and shall pay 15% interest on any unpaid balance until payment is made in full. Products and photographic materials will be destroyed after 60 days, and the client will forfeit all monies paid to the photographer to date.
14. Client's Usage. The client is obtaining prints or photographic products for personal use only (unless client is a corporation), and shall not sell said prints nor authorize any reproduction. The photographer shall only make reproductions for the client, samples, studio promotions, entry into photographic contests or art exhibitions, editorial use, or for display within or outside of the studio. If the photographer wishes to make other uses of photographs, he shall not do so without permission of the client.
15. Failure to Perform. If the photographer cannot perform agreed to services due to a fire, casualty, strike, act of god, illness, or other cause beyond the control of the photographer and client, then the photographer shall return the deposit and all prepaid fees to the client. The photographer shall have no further liability and will be held harmless and free of the agreement. This limitation shall also apply in the event that photographic materials or equipment is lost through error or the photographer, or in other instances in which the photographer is unable to fulfill the agreement due to fault of the photographer. In the event that the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retail value of the client's order.
16. Photographer. Although rare, the photographer may substitute another photographer to fulfill an agreement in the event of the original photographer's illness or situation outside of the photographer's control. In such an event, the substitute photographer shall be a professional displaying inherent qualities and competence similar to the original photographer.
17. Inherent Qualities. The client shall be aware that color dyes in photography may fade or discolor over time due to the inherent qualities of photographic production. The client releases the photographer of any liability for any claims whatsoever based upon the fading or discoloration due to such inherent qualities. The client understands that they are responsible for the protection and care of photographs/photographic products after delivery from the photographer or delivery from printing agency.
18. Photographer and Studio Price List. The charges in the agreement are based on the photographer's or studio's standard price list, available online. This price list is adjusted periodically and future orders are subject to charge at the price in effect at the time the new order is placed. Although the photographer and studio will work with any reasonable budget, the studio and photographer reserve the right to decline a client's request for photography services if pricing cannot be agreed upon.
19. Acceptance. The client accepts the listing and values set forth set forth for the photographs as accurate if not objected to at time of delivery. The client is responsible for reviewing order prior to departing the presence of the photographer or approved representative. When orders are sent directly to the client, the client shall have 2 days to review and accept the listing and values set forth for the photographs received. If an objection is not made within two calendar days, the photos are considered as accepted and the photographer bears no liability or further burden in regard to this agreement.
20. Customer's Rights and Privileges. You have the right to be treated fairly and respectfully by the photographer or any representative of the studio. You have the privilege to have photographs taken as scheduled and within the terms of this agreement. You have the right to reject a photographic print and request a reproduction if qualities of the photograph are lacking in terms of focus, color accuracy, or print quality. You have the right to request online proofing or printed proofing at an additional charge. The client has the right to not be discriminated against based on race, religion, sex, marital status, sexual orientation, or age.
21. Photographer's and Studio Rights. The photographer and studio has the right to cancel any event deemed inappropriate or in foul taste. If nature of event or ceremony was not disclosed to the photographer or studio, the client shall forfeit all payments made to the photographer, not to exceed the standard listed price of the service being provided. The photographer and studio WILL NOT take photographs of a pornographic or mature nature, WILL NOT hold nor reproduce images that are deemed as inappropriate by the actions or appearance of the subjects within the photograph. The photographer and studio reserves the right to cancel a shoot or refuse service without refund should the client or parties directly/indirectly associated with the client are disruptive, abusive, aggressive, or threaten the safety and security of the photographer or studio representative. The photographer and studio reserve the right to exercise discretion concerning the continuance of providing services or terminating the session or event participation. The client is responsible for all parties present at the function and is responsible for damages, repairs, or replacement of photographic equipment due to the direct or indirect actions of persons and guests present around the photographer. This includes drunkenness, aggressive behavior, ignorance, or obliviousness of parties present at the event being photographed.
22. Timeliness. The client has the responsibility of being on time regarding scheduled photo sessions. The client is responsible for planning any preparation and/or travel to the agreed-on site of photographer. Time limits on photo sessions are strictly enforced, and will begin at the agreed upon time. Once the time has expired and the client has failed to show, the photographer is no longer liable for conducting the photo session or providing proofs or prints. The client will forfeit all deposits and fees related to travel and will have to reschedule with prices and deposits effective at the time of the new agreement. If the client is late for a photo session, the photographer and the studio are only liable to fulfill any remaining time agreed upon. The photographer and studio are not responsible for not being able to produce images to the client's expectations should the client fail to show on time.
23. Scheduling. "Last minute" reservations will be promptly declined. There will be a $25 fee should re-scheduling occur and is not due to acts of god or the failure of the photographer or studio to perform at the agreed upon time and date. The date and time of the new photo session will be at the studio's discretion and will not interfere with already scheduled photographic services. Should the client wish to NOT utilize the studio after initially canceling their session, the client will forfeit any deposits and costs incurred by the photographer or studio upon the client's request to cancel a photo session.
23. Miscellany. The client-photographer agreement shall be adhered to and is binding to the parties hereto, their heirs, successors, assigns, and personal representatives. The agreement constitutes the full understanding between all parties in the agreement. The terms of the agreement may only be modified upon written instrument agreed to and signed by all parties involved. A waiver or breach of any of the provisions of this agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. Entry into this agreement does not relieve the client from any other contracts or arrangements made outside of this agreement. This agreement shall be governed by the laws of the State of Texas.