ANY CLIENT THAT BOOKS A SERVICE WITH EVERMOORE ARTISTRY AGREES TO THE FOLLOWING:
DEFINITIONS:
This Agreement is between Evermoore Artistry (“Photographer/Videographer”) and You (“Client”) which includes the Client’s affiliates. The client agrees that they have the legal authority to enter into this Agreement on behalf of themselves or their organization. Evermoore Artistry’s relationship with the Client is that of an independent contractor.
USAGE RIGHTS AND OWNERSHIP:
The client acknowledges that Evermoore Artistry is the author of the Image(s) and also the first and sole owner of all copyrights of the Image(s).
The Image(s) and all copyrights remain the exclusive property of Evermoore Artistry without limitation. Images are licensed for specific use(s) and are not to be sold.
The client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the image(s) as specified in this Agreement. The term of the license begins from the date Evermoore Artistry receives full payment of the invoice/signing of the contract, and upon delivery of images. Unless otherwise agreed, any rights granted are always non-exclusive, non-sublicensable, and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark, or other service marks. The use of any Image(s) by the Client will not constitute a work of joint authorship.
Copyright metadata contained within any digital file may not be altered or removed, without the consent of Evermoore Artistry.
Evermoore Artistry retains the right to use the Image(s) for self-promotion, including but not limited to: Facebook, Instagram, website, and/or submissions to publications at the discretion of the artist.
Additional fees will apply for clients that wish to not have images posted onto any online platform for promotional purposes. These clients also agree that they are not to use said photos on their own social media/websites under these circumstances. Evermoore Artistry also retains the right to turn down clients that are not in agreement to use photos for promotional purposes.
PHOTOGRAPHIC INTEGRITY & ALTERATIONS:
The client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect to the Image(s), alone or with any other material, without the prior express permission of Evermoore Artistry.
All editing is done at the photographer’s discretion. The photographer reserves the right to refuse any additional edits requested after the appropriate number of photos has been returned to the client. Some images may only be produced in color or black and white, at the artists' discretion. If the client(s) wish to request additional editing of images this is done at a separate fee starting at $10 per image.
If for some reason your session requires more editing time for extensive editing, the number of edited images may differ. (Example: cases of extreme weather during a wedding)
GENERAL LIABILITY AND RELEASES:
Evermoore Artistry will take all reasonable care in the production of the Image(s) and the performance of this agreement. Evermoore Artistry will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).
The client will indemnify, defend, and hold harmless, Photographer and their representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from the Client’s use of any Image(s).
Evermoore Artistry is not responsible for obtaining the model, property permissions, trademark, copyright, or any other releases in connection with the Image(s) unless specifically stated in their Agreement. It is the Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consent.
Should Photographer agree to deliver any releases, it is the Client’s responsibility to determine whether such releases are suitable for the Client’s purposes. Photographer gives no warranty or guarantees as to the legal validity of any release.
In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.
PAYMENT:
NO RIGHTS ARE GRANTED UNTIL THE PHOTOGRAPHER HAS RECEIVED FULL PAYMENT. Photographer reserves the right to rescind any usage rights if Client fails to make their payment in the appropriate timeframe. Bank transfer fees are the responsibility of the Client. All payments are due upon booking or or at the scheduled session. Evermoore Artistry has the right to hold any payment made and refuse service to clients that have not paid their agreed-upon payment amount.
If any client feels that they will be unable to pay the remaining balance, please contact Beth Moore of Evermoore Artistry directly: evermooreartistry@gmail.com
COPYRIGHT NOTICE:
Placement of a copyright notice or social media tag is required when posting the images on the internet.
CANCELLATIONS:
A 50% fee/deposit is due to hold your session date. This fee is non-refundable. The remaining balance is due on the date of your session. If you cancel, your retainer is forfeited and may not be applied to another session. If you do not cancel PRIOR TO YOUR SESSION, and the photographer arrives at the location of the session, you will be responsible for paying the remaining 50% balance. Under these conditions, client may also forfeit any future session bookings with Evermoore Artistry.
RESHOOTS:
If the Client requires a reshoot, the Client will pay Photographer an additional fee of 100 percent of the fee stated in the quote or invoice for the original shoot, plus all potential expenses for the reshoot.
If a reshoot is required due to factors beyond the control of the Photographer, including but not limited to, weather conditions, etc, Photographer will not charge an additional fee.
FAILURE TO PERFORM:
If Evermoore Artistry is unable to supply their services due to illness, mechanical breakdown, accident, or any other cause beyond their control, then Evermoore Artistry will attempt to procure the services of another professional photographer to fulfill their obligations. If that does not succeed, Evermoore Artistry will return any fees paid by the Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.
This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Evermoore Artistry.
KILL FEE:
Provided that Evermoore Artistry has executed the photography/videography assignment in a professional and competent manner, Client agrees to pay Evermoore Artistry all fees and expenses in connection with said assignment, whether or not the Client uses any Image(s).
ARCHIVING DIGITAL FILES:
While Evermoore Artistry may choose to archive the Image(s), it is the Client’s responsibility to properly store and archive the Image(s) for the duration of the term of the license. Evermoore Artistry cannot guarantee the availability of any Image(s) beyond the date of first delivery to the Client.
The client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Evermoore Artistry and their contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Evermoore Artistry becoming unusable.
All digital files created on behalf of Client that contain any Image(s) will be stored ON A PHOTO STORAGE WEBSITE AND WILL REMAIN AVAILABLE TO CLIENT.
Please save the link that is provided to your photos if you choose not to download the images.
DIGITAL FILE QUALITY:
The photographer is committed to providing high-quality services. Unless otherwise specified, Evermoore Artistry may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Evermoore Artistry may select, at a resolution that Evermoore Artistry determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.
Evermoore Artistry uses cameras and monitors that are color calibrated to industry standards. But due to variances in other monitors, software, and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities.
PRIOR TO THE SESSION, It is the Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Evermoore Artistry’s sole obligation will be to replace or repair the data, but in no event will Evermoore Artistry be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
SESSION TERMS:
Sessions will be conducted at a location agreed upon by Evermoore Artistry. Evermoore Artistry will not trespass on or use any property/locations that are considered unlawful to do so. The photographer is bound by any rules stated for the property or location. If the Client wishes to shoot on private property it is the Client's sole responsibility to get authorization from the owner of the property. Evermoore Artistry is not responsible for hazards at the location and the Client agrees to enter into the session at their own risk.
No other photographers/videographers are allowed during the session unless agreed to in writing by Evermoore Artistry.
The client or guest will refrain from taking cell phone images during the session unless agreed upon by Evermoore ARtistry.
TRAVEL:
Evermoore Artistry will travel free of charge within 30 miles of Chambersburg, PA.
If total travel is outside of 30 miles, Additional round-trip mileage will be added to the session or event fee at the current 2023 IRS Mileage rate OF:
65.5 cents/mile
If session or event requires Evermoore Artistry to travel outside of the aforementioned 30 miles from Chambersburg, PA- client agrees that they may be responsible to provide lodging fees in addition to round-trip travel fees.
ACCEPTANCE OF TERMS:
The client may not assign or transfer this Agreement or any rights granted hereunder. This Agreement is binding upon and inures to the benefit of, the Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.
No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and the Client is bound by, the Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.
This Agreement will be deemed to be a contract made under the laws of the United States and the State of PA, and for all purposes will be interpreted in its entirety in accordance with these laws. The client specifically and irrevocably confers personal jurisdiction over it by the courts of the state of PA. The client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of the Photographer.
If any provision of this Agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
In addition to oral and written agreements, placing a retainer fee/deposit for a future session and/or use of any Image(s) by the Client will constitute acceptance of all the above terms and conditions.
This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.