Terms & Conditions
Introduction 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 Idaho Dog 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 Jen Sharp Photography, LLC dba Idaho Dog Photography its organizers, principals, members, managers, agents, employees, and representatives with an address of 1772 N. Doe Ave, Kuna, ID 83634.
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 Jen Sharp Photography, LLC. This Agreement describes the client’s responsibilities and, among other things, limits the liability of Jen Sharp Photography, LLC. Session Details Limitation Of Liability If Jen Sharp Photography, LLC cannot perform this Contract due to fire or other casualties, strike, an 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 if 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.
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. Clients can reproduce and distribute all purchased digital images, so long as it is for their personal enjoyment. Clients may not 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.
Notice Of Copyright
The Federal Copyright Law protects copyright. Jen Sharp Photography, LLC 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. Jen Sharp Photography, LLC 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 Jen Sharp Photography, LLC work in any manner and is punishable by law with fines starting at $150,000. Jen Sharp Photography, LLC 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 your pets. 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 Jen Sharp Photography, LLC 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.