Our Terms and Conditions
PAYMENT. The Client shall pay Crystal Light Photography within thirty (30) days of the date of invoice, which shall be dated as of the date of delivery of the Assignment. The Client shall be responsible for and pay all sales tax due. Balances unpaid after thirty (30) days are subject to an interest charge of 2 percent (2%) monthly (24 percent [24%] annually).
FAILURE. Failure by the Client to make the second or final payment as scheduled may be deemed a breach of contract by the Client, which hereby relieves the Studio of all remaining obligations herein. Upon a breach of this contract by the Client, the Studio may hereby exercise all of its rights in law and equity and may seek relief as provided in Paragraph 23 below.
ADVANCES. Prior to Crystal Light Photography commencing the Assignment, the Client shall pay Crystal Light Photography any advances shown on the invoice, which advance shall be applied against the total due. This agreement is valid only on payment of the first payment specified above.
RESERVATION OF RIGHTS. Unless specified to the contrary on the front of the form, any grant of rights shall be limited to the United States for a period of one (1) year from the date of the invoice and, if the grant is for magazine usage, shall be first North American serial rights only. All rights not expressly granted shall be reserved to the Photographer, including but not limited to all copyrights and ownership rights in photographic and cinematography materials, which shall include but not be limited to transparencies, negatives, digital imagery, sound recordings and prints. The Studio may use reproductions from originals in part or in full for display, promoting and advertising the Studio, teaching and lecturing, and illustrations of related or unrelated articles as may be published. All copyrights are reserved, and unauthorized copies or scanning made by the Client or his/her representatives or with his/her consent are chargeable at ten (1) times the listed charges of such prints by the Studio. The Client acknowledges that unauthorized scanning or copying of imagery is unlawful and subject to statutory prosecution. Release of original materials to the Client, his or her heirs, or duly appointed assigns shall be subject to the payment of $2,000, plus any assessed taxes, and shall be delivered only after the Studio has made such reproductions as it may require. The Studio may retain all negative and original digital materials indefinitely but may limit such retention to the originals from which orders have been placed by the Client.
VALUE AND RETURN OF ORIGINALS. (A). The Client agrees that all proofs (in whatever form the Studio designates) remain the property of the Studio unless otherwise provided above, and any proofs not returned according to the terms herein are chargeable at $10 each. Invoices or statements requiring payment for un-returned proofs will be paid within thirty (30) days. Proofs may not be part of the minimum order for coverage fees and are loaned to the Client for a period of forty-five (45) days, after which they shall be returned together with any and all orders. In the event the Client fails to return the proofs and present an order, there will be an order processing fee of $100 for each thirty (30) days’ delay. Subsequent orders will be subject to a 15 percent (15%) surcharge. The Client is responsible for payment of all orders placed by the Client, and the Studio is not obligated to accept separate orders or provide separate billing of individuals orders; to do so is a courtesy to the client. (B). Proofs shall be collected not later than fourteen (14) days after notification they are ready for collection, and any balance due shall be paid at the time of collections. The Studio shall endeavor to make proofs available within twenty-one (21) days after photography.
ADDITIONAL USAGE. Any extension of such loan period is at the discretion of the Studio. If the Client wishes to make additional uses, the Client shall seek permission from Crystal Light Photography and pay an additional fee to be agreed upon.
EXPENSES. All estimates of expenses may vary by as much as 10 percent (10%) in accordance with normal trade practices. In addition, Crystal Light Photography may bill the Client in excess of the estimate for any overtime which must be paid by Crystal Light Photography to assistants and freelance staff for a shoot that runs more than eight (8) consecutive hours.
COOPERATION. The Studio and Client shall cooperate, agreeing to all schedules and arrangements for services to be provided, including arriving promptly for scheduled photography and cinamatography as agreed upon at a planning meeting. Changes to scheduled times shall be agreed upon prior to work. For major project work, the Client agrees to meet with Studio representative(s) at least thirty (30) days prior to commencement of work, agreeing on a schedule. The Studio shall endeavor to meet all reasonable Client expectations, save only that in the circumstances they may not be possible, and the Studio makes no express or implied warranty for producing specific imagery. When the Client, or others referred to in the schedule, is not on time, the Studio shall not be liable for omissions of requested imagery that may otherwise be feasible.
CAMERAS AND LIGHTING. Any and all cameras and related lighting, including video, shall be under the direction of the Studio and the Client shall advise any and all users and providers of services of the clause.
RESHOOTS. If Crystal Light Photography is required by the Client to reshoot the Assignment, the Studio shall charge in full for additional fees and expenses, unless (A) the reshoot is due to Acts of God or is due to an error by a third party, in which case the Client shall only pay additional expenses but no fees; or (B) if the Studio is paid in full by the Client, including payment for the expense of special contingency insurance, then the Client shall not be charged for any expenses covered by such insurance in the event of a reshoot. The Studio shall be given the first opportunity to perform any reshoot.
CANCELLATION. Should the Client cancel the assignment date or cancel the agreement, all deposits paid shall be retained by the Studio, unless the Studio is able to secure an assignment for a comparable fee for the date cancelled, at which time deposits shall be returned in full. The Studio shall not cancel unless serious illness or other such physical handicap shall render the Studio incapable of carrying out its obligations. The Studio having made every endeavor to obtain the services of a qualified and competent substitute, all deposits held by the Studio shall be returned to the Client, as the Client’s sole remedy.
ASSIGNED PERSONNEL. The Studio reserves the right to replace assigned photographers, cinematographers and other assigned personnel as necessary, such as in the event of an emergency, in order to honor this agreement. The Client, subject to time permitting, shall be advised accordingly and has the right to approved or disapprove such change in assignment. On approval any paid attendance fees will then be refunded. In the event the Client disapproves, the contract shall be deemed cancelled and all deposits shall be returned to the client.
LIABILITY. The Studio shall not be liable for omissions caused by failure of the Client to maintain all agreed schedules or caused by delays due to inaccurate or unreliable information provided by the Client. The Studio shall not be liable for failures or faults in the manufacturer or processing of materials or other causes that may reasonably be deemed beyond the control of the Studio. In the event such circumstances prevent the Studio from performing its obligations or delivering the agreed product or service, the Client’s sole remedy shall be the refund of any deposits, as a Limitation of Damages as set forth in Clause 25. Omissions or failure to produce specific images that may be discussed or proposed at a planning session shall not void this agreement or result in compensation to the Client by the Studio.
RELEASES. The Client shall indemnify and hold harmless Crystal Light Photography against any and all claims, costs, and expenses, including attorneys’ fees, due to uses for which no release was requested or uses which exceed the uses allowed pursuant to a release.
ORDERS AND DELIVERY. Any order for prints, digital imagery, and services in excess of those contracted are subject to a deposit of 50 percent (50%) at the time of the order and prior to commencement of work, with the balance due on completion. Finished work will not be released without payment of balances due. The Studio shall endeavor to complete all orders within four (4) weeks. The Client acknowledges that some phases of production are dependent on supplies and outside contractors and may be subject to delay.
PRICE INCREASES. Orders delayed by the Client for sixty (60) days or more are subject to any increase in charges for the same services and product that are published subsequent to this contract.
SAMPLES. Client shall provide the Photographer with two copies of any authorized usage.
ASSIGNMENT. Neither this Agreement nor any rights or obligations hereunder shall be assigned by either of the parties, except that the Studio shall have the right to assign monies due hereunder. Both the Client and any party on whose behalf the Client has entered into this Agreement shall be bound by the Agreement and shall be jointly and severally liable for full performance hereunder, including but not limited to payments of monies due to the Photographer.
COLLECTIONS. The Client shall be liable for any reasonable fees and charges required to obtain the return of Proofs, including but not limited to attorneys’ fees, court costs, and expert witness fees.
ADDITIONAL SERVICES. Charges for additional services other than those referred to in this contract are subject to rates at the time they are ordered.
NO WAIVER. Failure by the Studio to exercise any and all rights under the terms of this agreement or enforce any part herein shall not limit its rights to exercise said rights in the future.
PROVISIONAL INFORMATION. The following provisional information is provided by the Client as a guide as to times, locations, and person, groups, etc. that are to be photographed or filmed. This will be modified at a planning session on or about thirty (30) days prior to the date of work to commence. Information provided and discussed at a planning session is not part of the contract nor shall such information modify this contract. Refer to the assignment invoice for provisional information.
GOVERNING LAW; LEGAL FEES; ARBITRATION. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Washington without regard to the conflicts of laws principles thereof. The parties agree that in the event of any suit or proceeding brought by one party against the other, the party prevailing therein shall be entitled to payment from the other party hereto of its reasonable counsel fees and disbursements in an amount judicially determined. Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunctions, or other equitable relief to preserve the status quo or prevent irreparable harm pending the selection and confirmation of the arbitrator(s), any controversy or claim arising out of, relating to, or connected with the Agreement or the breach hereof must be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
LIMITATION ON DAMAGES. The Client hereby agrees that, in the event there is a ruling which determines that the studio has breached its obligations under this contract, then the maximum damages that the Client is entitled to is the money paid in to the Studio to date. Under no circumstances is the Client entitled to any damage reward which would exceed the money paid in by the Client to date.
BREACH OF COPYRIGHT LAWS. The Client agrees that any violation by the Client of any of the State or Federal Copyright Laws with regard to the proofs, originals, or images which originated as a result of the contract shall constitute a breach of the agreement, giving the Studio the right to pursue all rights and remedies in law or equity against the client, per Agreement.
STUDIO’S STANDARD PRICE LIST. The charges in this Agreement are based on the Studio’s Standard Price List, unless otherwise noted on the assignment estimate and invoice. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
TERMINOLOGY. The following terms are used in this Agreement:“Client” refers to the individual, representatives, and/or company as shown on the assignment estimate and invoice for services and/or materials. “Studio” refers to the entity known as Crystal Light Photography, registered as a legal Washington State business, UBI# 604420623. “Negative” refers to the original photographic material, whether it be traditional film emulsion or digital equivalent.