Policies & Legal Stuff
The following paragraphs contain a whole lot of legal jargon I encourage you to read, but you probably won't - so here are the key points:
- Don't re-edit the images
- Give me credit
- I still own the images & can use them for my website etc..
- You are responsible for downloading the images from Pixieset within 2 weeks of delivery
- I don't have to keep copies of the files (so don't lose yours)
- I rarely allow downloads of unedited files, so discuss this with me if you feel like you need them
Here's the real stuff:
This agreement contains the entire understanding between Marshall David Cox - Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Credit for images should be given to @marshalldavid11 on Instagram and the Marshall David page on Facebook. Credit does not have to be given on business/personal websites or portfolios. Images delivered by photographer are not to be re-edited in any way besides cropping. If an edit needs to be adjusted, contact the photographer. The photographer reserves the right to ask that a photo be taken down if it has been altered in such a way the photographer does not feel it is an accurate reflection of their work.
Title (possession) of and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties. With the successful delivery of the images, the photographer is released from any obligation to maintain copies of digital files.
Permission is herby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. Clients will be given a written release to make personal copies of images.
Delivery of Images
Untouched Images are to be delivered via Pixieset for selection by client. Client will choose which images are to be retouched by photographer. These images will be retouched by photographer and returned to client again via Pixieset. The client is responsible for downloading the retouched images within 15 days of delivery. The photographer is not responsible for expiration of Pixieset collection. The client is not to download or post any untouched images unless explicit permission is given by photographer. Only legitimate downloads using the client-specific PIN are allowed - NO SCREENSHOTS. Images are edited at the Photographer’s discretion, and delivered photos may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
Damage of Property
The Photographer cannot be held responsible for damage to garments due to environmental events. Client is responsible to arrange personal assistance for garments. The photographer is also not responsible for any damages to the location unless physically inflicted by the photographer. The photographer cannot be held responsible for any death or injuries to the client(s).
Third Party Fees
Photographer is not responsible for paying any commission or fee for a referral or booking through a third party. Commissions are to be arranged between the third party and client; photographer takes no place in this arrangement. Clients are responsible for all location fees and permits.
Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The photographer recommends that a shot list be discussed prior to shooting. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.