By booking a SHOOT with Lance Mosher Creations (PHOTOGRAPHER) through this website, you (CLIENT) agree to the following terms. This agreement applies to all persons photographed in SHOOT.
1. SCOPE OF WORK
If SHOOT cannot be completed on the agreed date due to weather or other reasons, PHOTOGRAPHER and CLIENT will negotiate another shoot time.
PHOTOGRAPHER agrees to provide no fewer than 5 photos for CLIENT to view after the SHOOT, and is not required to provide more than this number of images (unless otherwise explicitly negotiated). PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary.
PLEASE NOTE: No photography projects displaying or promoting immodesty, sexuality, or crude lifestyles (including use of alcohol, cigarettes, or other drugs) will be accepted.
CLIENT agrees to pay the PHOTOGRAPHER a non-refundable initial payment totalling 50% (fifty-percent) of the total price of the agreed photography services upon accepting this agreement. The initial payment reserves the PHOTOGRAPHER’s time and is not a deposit. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this SHOOT for any reason, the initial payment will not be returned to CLIENT. If the initial payment is not received 24 hours prior to the initial time of SHOOT, PHOTOGRAPHER will assume that the SHOOT has been cancelled by CLIENT, unless prior arrangements have been made between PHOTOGRAPHER and CLIENT.
The balance of the payment for photography services must be paid in full no later than 7 days after the SHOOT. If CLIENT is required to purchase photos separately after the SHOOT, payment for those photos is due no later than the delivery of photos to CLIENT.
3. WORK PRODUCT
PHOTOGRAPHER will deliver proofs of photos to CLIENT no more than 14 days after the date of the SHOOT. CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not store the proofs.
All photos delivered to CLIENT are licensed for CLIENT's personal use only.
4. LIABILITY AND INDEMNIFICATION
PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment, pose, or person(s) during the SHOOT.
If PHOTOGRAPHER is unable to perform the services in this agreement due to any cause outside his/her control, CLIENT agrees to hold PHOTOGRAPHER harmless for any loss, damage, inconvenience, or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to SHOOT.
CLIENT understands SHOOT may be accomplished by various methods with various equipment, including, but not limited to, aerial equipment (drones, etc.). If aerial equipment is to be used, CLIENT agree that he or she is aware of national, regional, and local laws governing the use of aerial equipment, and declares SHOOT location is inside an approved “fly zone.” CLIENT grants all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT, including permission for the use of aerial equipment from and above properties and CLIENT. Prior to SHOOT, CLIENT will obtain permission from all owners of adjacent properties for PHOTOGRAPHER to fly aerial equipment above adjacent properties and to enter adjacent properties to capture angles of CLIENT from an adjacent property during SHOOT. CLIENT understands and agrees that any failure to obtain any permissions resulting in fines or legal ramifications to PHOTOGRAPHER, or which prevent PHOTOGRAPHER to complete SHOOT of the CLIENT is the liability of CLIENT, and not the PHOTOGRAPHER.
CLIENT agrees to hold PHOTOGRAPHER harmless for any liability, damage, or loss related to technological failure, including data loss.
CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this SHOOT 90 days after the SHOOT.
CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury or damage to personal property which may occur as the CLIENT poses or works with PHOTOGRAPHER.
PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
5. DUTY OF CLIENT
CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to PHOTOGRAPHER, or which prevent PHOTOGRAPHER from photographing the SHOOT is not the fault, liability, or responsibility of PHOTOGRAPHER.
6. EXCLUSIVE PHOTOGRAPHER
CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the PHOTOGRAPHER. This slows down the PHOTOGRAPHER’s work and violates the PHOTOGRAPHER’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.
7. MODEL RELEASE
CLIENT grants permission to PHOTOGRAPHER and his/her assigns, licensees, and sublicensees to use CLIENT’s image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT's likeness and image on PHOTOGRAPHER’s website or other advertising. PHOTOGRAPHER may sell photos containing CLIENT's likeness to third parties.
Last updated May 12, 2021