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© Jake Percey 2019

All rights reserved. Terms and conditions

TERMS AND CONDITIONS

TERMS & CONDITIONS 

LAST UPDATED: 12-08-2019 

DEFINITIONS 

This is a binding agreement between Jake Percey and the client. 

The Client refers to the buyer/s in this agreement. Digital files refers to any and all media produced Jake Percey within the scope of the project, including but not limited to photography, videography, graphic design and web design.

DEPOSIT AND PAYMENT

 

The standard deposit for all bookings is a minimum of 50%. The Client shall make this non-refundable deposit of at least 50% to Jake Percey to perform the services agreed upon. Upon the Client’s deposit, Jake Percey will reserve the time and date agreed upon, and will not make other reservations for that time and date. In most cases, the full amount plus any agreed upon additional travel fees (if applicable) must be paid at least one week prior to the first date of engagement. A $20.00 fee will apply each day the payment has not been made in full after this deadline passes. No services will be made until full payment is made. 

 

RESCHEDULING/LATE ARRIVALS

 

In the event that the Client requests to reschedule their session, the amount paid to date shall be applied to a rescheduled date if notice is given at least 4 weeks prior to scheduled engagement. A rescheduling fee of 10% of full amount will apply. Reschedule must be within same calendar year. A new deposit will be required if the reschedule is made less than 4 weeks until the original agreed upon session date and the previous deposit will be forfeited. If the Client is late arriving to any engagement, their allocated time will be reduced; not shifted. If the Client is more than 30 minutes late to any engagement, the engagement will be cancelled and will automatically transition into a reschedule. 

 

CANCELLATION/REFUND

 

If the Client requests to cancel their engagement with Jake Percey, all payments made to date shall be forfeited and rendered non-refundable. The Client understands and agrees that Jake Percey will not book other sessions or engagements during this time. In the event that Client cancels the session or fails to attend the engagement for any reason, Jake Percey shall suffer losses that are difficult to ascertain. The amount paid to date will NOT be refunded due to client’s error. 

 

FAILURE TO PERFORM

If Jake Percey is unable to perform due to illness, emergency, fire, casualty, strike, unsafe environment, threat or causes beyond the control of Jake Percey, Jake Percey will not be held liable for missing scheduled session of engagement. Jake Percey will arrive at the session to the best of their abilities. If coverage and services cannot be fulfilled by Jake Percey, the deposit amount will be returned to the client and Jake Percey shall have no further liability. Further, if Jake Percey is unable to deliver digital files due to technological malfunctions, including but not limited to, camera and processing, or otherwise lost or damaged without fault of Jake Percey, liability shall be limited. Jake Percey will not be held responsible for any ruined photographs due to any cause in or outside Jake Percey’s control.

 

ARTISTIC RIGHTS

 

Jake Percey retains the right of discretion in selecting the digital files released to the client.

 

DESIRED MATERIAL

 

The Client will be responsible for designating a guide if desired. The role of the guide is to identify people/objects of whom/which specific focus is desired, as well as to make certain that these subjects are available when needed. It is recommended that the client develop a list of desired poses, locations, and subjects (family and friends; items; etc.) and share this with Jake Percey at least 2 weeks before the session if desired. Jake Percey will not be held accountable for not capturing desired content if there is no one to assist in identifying or gathering people/items/locations for the content, or if any natural causes make it unreasonable for these requests to be fulfilled. The parties agree to positive cooperation and communication for the best possible result within the definition of these terms and conditions. Jake Percey is not responsible for key individuals’ failure to be present or to cooperate during the session of engagement, neither for missed content due to details not revealed to Jake Percey.

DIGITAL LICENSE 

 

All digital files are property of Jake Percey and are copyrighted by law. No digital files can be copied, used, or published for commercial purposes without Jake Percey’s written permission to do so. Jake Percey reserves the right to use any digital files for self-promotional and advertising purposes, including but not limited to: advertisements, editorial, print or digital publishing, contests, and public display. Jake Percey will not resell digital files without prior written permission from client. {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102}.

CLIENT'S USAGE 

 

The Client shall only use the digital files in accordance with the permissions within this agreement. The Client’s digital files are for personal and/or advertising use only and shall not be reproduced for monetary gain, or reproduced in any way by parties other than Jake Percey. The redistribution/resale of digital content, inclusive of but not limited to all images and video is strictly prohibited. 

Jake Percey grants the Client a non-exclusive, non-transferable, perpetual, personal-use license to reproduce Digital files via print only for any non-commercial use, including but not limited to reprints, enlargements, gifts to family and friends, slide shows, and web pages. Title and ownership, and all rights now and in the future, of and for all Digital files remain exclusively with Jake Percey. There are no warranties, express or implied. Digital files are provided "as is." 

SOCIAL MEDIA 

The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. All digital files posted on social media require a direct link or credit towards Jake Percey. Client shall not copy, download, screen shot, or capture the digital file in any other fashion. Client shall not crop, edit, or add filters to any digital file. If the client breaches this they are subject to a $200 fine per photo. 


Personal, Non-Commercial use of the Media includes: 

  • Display on websites and computers 

  • Display on social media accounts 

  • Making image prints. 

Client may not: 

  • Resell, relicense, sub-license, redistribute without express written permission from the Photographer 

  • Use the Digital files in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration 

  • Use the Digital files in a pornographic, obscene, illegal, immoral, libellous, or defamatory manner 

  • Incorporate the Digital files into trademarks, logos, or service marks 

 

INDEMNIFICATION

Jake Percey shall be held harmless for any and all injury to the client(s) and all related parties during the course of engagement and all immediately surrounding events. Neither Jake Percey nor Jake Percey's vendors will be liable for any third party claims or incidental, consequential or other damages arising out of these terms and conditions or Client’s use of the Digital files. 

 

MISCELLANY

 

These terms and conditions incorporate the entire understanding of the parties. Any modifications of these terms and conditions must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of these terms and conditions.

 

AGREEMENT

 

By confirming your booking with Jake Percey you acknowledge acceptance of these terms and conditions. The date on which your first payment is received is considered the date of accepting these terms and conditions. It is recommended you print a copy for your records.

If any questions arise regarding Jake Percey’s Terms and Conditions, please contact us using the details below: 

 

www.jakepercey.com
contact@jakepercey.com