For the purpose of this agreement,
1. “Agreement” means the following terms and conditions of this contract, agreed upon by the parties to this contract.
2. “Images” includes (1) all products and prints created; (2) images on Steve Van Dyke Photography website, blog, social media and in all media forms now known or hereafter devised; (3) digital files such as jpeg, psd, and all other file formats.
3. “Photographer” refers to Steve Van Dyke Photography its organizers, principals, members, managers, agents, employees and representatives.
This Agreement constitutes a full and complete agreement between the parties. There are no oral or other agreements that supplement, modify, or supersede this Agreement. This Agreement describes the terms and conditions applicable to the services available by Steve Van Dyke Photography. This Agreement describes the client’s responsibilities and, among other things, limits the liability of Steve Van Dyke.
• The reservation fee is a non-refundable retainer payable to secure services with the Photographer. Sessions may be rescheduled due to emergencies, weather, sickness, unforeseen circumstances. Due to the nature of the booking process and because you have reserved that time slot, rescheduling fees of $30 is applied if changes are made within 2 weeks of session date.
• If the Creative Fee includes a product credit, that credit may be applied towards any Images purchased.
*Travel and Overage Fees. For sessions greater than 25 miles of zipcode 60106, the Client shall pay $1.20 per mile.
* There will be no use of choke, electric, prong, or any other type of collar during the session. There will no abuse, hitting, excessive yelling towards any animals during the session. Any of these behaviors or any situation the photographer deems unsafe for the animals is subject to automatically cancel the session with no refund or rescheduling of a new session.
• Most sessions include an in-person Ordering Session. The client will view all final images and make all ordering decisions at this time. All decision makers should be present at the Session Premier. All orders placed 60 days or more after the session was held will be subject to the current studio pricing.
• Print orders will be ready for delivery approximately four weeks after payment has been received. Specialty items, such as albums, framing, or gallery wrapped canvases may take six to eight weeks.
• Due to the custom nature of the artwork, once 48 hours has passed from the Ordering Session there are no refunds. However, your satisfaction of the quality of the artwork is guaranteed.
• Images will not be delivered until all fees have been paid in full. There is a $30 fee for returned checks.
• The Client is responsible for digital storage of all digital media purchased. Please back up your files on your computer as well as a cloud storage for maximum protection. Digital media does fail.
• If Steve Van Dyke Photography cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, or otherwise lost or damaged without fault on the part of the Photographer. In the event Steve Van Dyke Photography fails to perform for any other reason, Steve Van Dyke Photography its organizers, principals, members, managers, agents, employees or representatives and/or Steve Van Dyke, individually, his heirs, administrators, executors, successors or assigns shall not be liable for any amount in excess of the retail value of the Client’s order.
• By agreeing to this session client hereby releases, discharges, holds harmless and indemnifies Steve Van Dyke Photography its organizers, principals, members, managers, agents, employees and representatives and anyone one else acting on its behalf and Steve Van Dyke individually, his heirs, executors, administrators, successors and assigns from any and all claims, actions, suits, liabilities, and/or proceedings both in law and in equity that the client, clients pets, clients children, wards and/or the parents and/or guardians of the children or ward may have or will have in the future for any injury and/ or damages arising from or in any way related to this session.
USE OF IMAGES
• The client shall not use the Images for profit or any other commercial purpose, nor shall the client knowingly give the Images to any persons who will use the Images for profit or any other commercial purpose. This includes, but is not limited to: entry into contests, sales to stock photography agencies, and publishing for advertising or profit in any form. Written permission must be obtained from Steve Van Dyke Photography if you wish to use images in a commercial manner.
• Clients purchasing digital images will receive a Copyright License Agreement from Steve Van Dyke Photography that will allow the client to reproduce and distribute all purchased digital images, so long as it is for their personal enjoyment. Clients may not utilize the images for commercial use, photo contests, or alter the image in any way other than cropping when printing.
• Only images that have been resized for the web may be posted online. The client will receive a watermarked web file of each purchased image that can be used for online sharing. The Federal Copyright Law protects copyright. Steve Van Dyke Photography shall retain ownership of the copyright to all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submission and use, advertising, or for display within or on the Photographer’s website and/or studio in all media forms now known or hereafter devised. Steve Van Dyke Photography reserves the right to sell images for stock or commercial use, this does NOT apply to any image with a human adult or child. Images containing human subjects will not be used for stock or commercial use without your written permission.
• It is illegal to scan, copy, or reproduce Steve Van Dyke Photography work in any manner and is punishable by law with fines starting at $150,000. Steve Van Dyke Photography goes to great lengths to provide top-quality, beautiful images that you are proud to display. Copying and scanning these images greatly reduce their beauty and quality. Please contact us if you would like additional prints.
• This Agreement qualifies as a model and property release for you, your pets, and your child(ren). The client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons and property included in the portrait in this manner and shall indemnify and defend Steve Van Dyke Photography in the event of litigation arising out of such use.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
In the event that any provision of this Agreement is held invalid by any tribunal of competent jurisdiction, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The laws of the state of Illinois shall govern this Agreement.