Terms & Conditions
Terms and Conditions of Use
Terms and Conditions of Use for Rebecca Ellison Creative , LLC
Last Updated on July 11, 2019
NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of our products, including online courses.
General Provisions
This website is owned and operated by Rebecca Ellison Creative LLC, a Washington , USA company. Our principal place of business is located at PO BOX 33179, Seattle WA 98133
You must be at least sixteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page is subject to change at any time.
Client desires COMMERCIAL PHOTOGRAPHY for the purpose of promotion of their business. Photographer has agreed to provide such services according to the terms set forth below.
Terms of the Agreement
Services, Products and Locations.
Package. Client chooses The Personal Brand Photography Method photography package.
Services. In this Agreement, “Services” means any and/or all of the services included in this section. Photographer shall provide Client with:
• 4 hours of branding photography within the great Seattle metro region.
• Location to be determined with client.
• Up to 100 final edited digital images from photo shoot with resolution a minimum of 4000 pixels long.
• Final images delivered within 15-30 days after the completion of the shooting day.
Image Storage. Digital copies of photographs produced in the course of fulfilling this Agreement will be stored until delivery of final images and/or products.
After delivery date of images, which is determined by the date of delivery of the online gallery, Client releases Photographer from any and all liability for lost or damaged files or photographs.
Location. Client’s styled stock session will be held at the Pound Photo Studio 1216 10th Ave , Seattle, WA 98122 (“Location.”) Unless a different location has been agreed upon.
Cost, Fees and Payment.
Cost. The total cost ("Total Cost") for all Services is $1650 if paid in full or 12 monthly payments of $150
and due in full.
Client shall pay the Total Cost in full, or via the agreed upon payment schedule to Photographer as follows:
Fees. Photographer’s hourly rate is [$250] per each hour spent on Client’s Services over the allotted amount of time purchased. Photographer makes reasonable efforts to retouch and edit Client’s images in a tasteful and professional manner before delivery of Client’s final images. If Client requests further retouching or edits after delivery of Client’s final images, then Client agrees to pay Photographer for any additional changes Photographer makes at Photographer’s hourly rate.
Late Fees. If Photographer does not receive payment from Client within fourteen calendar days of any payment date, then Client will be charged a late fee of 1.5% of the outstanding amount per each day that Photographer does not receive payment.
For example, Client owes Photographer $1000 due on April 1 and fails to pay by April 14th. On April 15th, Client owes Photographer $1015. On April 16th, Client owes Photographer $1030.23. On April 17th, Client owes Photographer $1045.68, and so on.
Expenses. Any expenses incurred by Photographer while providing Client with Services will be invoiced to Client in a timely manner. Such expenses include travel fees, airfare, gasoline and hotel stays for Events or ceremonies occurring 40 or more miles away from zip code 98133. Client is responsible for paying for and delivering any third party products Client wishes Photographer to utilize by 30 days after the agreed upon shoot date. At Photographer’s discretion, Photographer will make reasonable efforts to integrate Client’s suggestions.
Intellectual Property.
Copyright Ownership. Photographer owns the copyright in any and all images he/she takes pursuant to federal copyright law (Title 17, Chapter 2, §201-02, of the United States Code.) Any and all photographs produced in connection with, or in the process of fulfilling this agreement, are expressly and solely owned by Photographer to use in the reasonable course of business.
Purchase of Copyright. For an additional cost of $350 per image, Client may purchase the copyright and all rights therein to any particular photograph. This assignment of Photographer’s copyright would waive any and all of Photographer’s claims, rights, privileges and property ownership of the photograph and Client would no longer be bound to comply with this Intellectual Property section of this Agreement for that particular photograph ONLY, with all other sections of this Agreement remaining in full force and effect.
Non-exclusive License. Photographer grants to Client a non-exclusive, worldwide license of photographs produced with and for Client for commercial or personal use so long as Client provides Photographer with attribution each time Client uses Photographer’s property unless and until Photographer assigns her copyright to Client. No attribution to Photographer is required when work is used on Client's business website, or social media feeds. Photographs will be deemed properly attributed to Photographer when it would be obvious to any reasonable observer, reader or viewer that Rebecca Ellison Creative, LLC provided the photograph for Client’s use.
Prohibited Uses of Photographs. Some uses of Photographer’s property are expressly prohibited in order to maintain the integrity and quality of Photographer’s reputation and work.
Any resale of the photographs through direct or indirect means, including, but not limited to:
- selling the photos as stock photography; selling or allowing use of the photos by a third party such as a corporation or advertiser.
-Any illegal assignment of Photographer’s work, such as allowing third party use of a photograph online or in print without attribution. Client is allowed to use work without attribution, but can not share for a third party to use.
-Any use of photographs, personally or otherwise, which does not include attribution to Rebecca Ellison Creative, LLC
-Client expressly agrees not to produce derivative works of Photographer’s property, such as, but not limited to, photographs of a photograph, scans into a computer, unauthorized photo collages or other works that incorporate a substantial portion of -Photographer’s property in a way that distorts or denigrates the photograph’s high resolution.
-Any use deemed unreasonable or defamatory, at the discretion of Photographer.
-Any retouched or further edits of photographs that materially alters the composition of the photograph, such as by applying filters, changing the colors or other means of degradation, as determined by Photographer.
-Client will not purposefully try to hide or otherwise conceal attribution to Photographer, such as by printing attribution in such small print or font that the source of the photograph is not readily apparent to the reasonable viewer.
Releases and Limit of Liability
Exclusivity. Client understands and agrees she has hired Photographer exclusive of any other service provider for the Services listed in this Agreement, and no other photographers, other than any assistant or third party that Photographer has hired to complete the Services, are permitted to provide the same Services, paid or unpaid, unless prior permission is granted by Photographer.
Artistic Release. Client has spent a satisfactory amount of time reviewing Photographer’s work and has a reasonable expectation that its services will produce a similar manner and style of aesthetic for Client. Photographer will use reasonable efforts to ensure Client’s services are carried out in a style and manner consistent with Photographer’s current portfolio and Photographer will try to incorporate any suggestions Client makes. However, Client understands and agrees that:
Every client and project is different, with different tastes, budgets, and performance needs; and
Styling is a subjective art and Photographer is an artist with a unique vision, with an ever-evolving style and technique; and
Photographer will use his/her personal artistic judgment to create styled areas for Client, which may not include strict adherence to Client’s suggestions; and
Dissatisfaction with Photographer’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
Client is responsible for delivering any props or furniture Client wishes to have by 10 days prior to scheduled photo shoot.
Loss of Images. In the rare event that any or all images are lost, such as damage to camera or equipment, stolen camera or equipment or damaged film rolls, Photographer shall refund Client the corresponding percentage of lost images. For example, if 30% of the original images taken are lost, Photographer shall refund 30% of the Total Cost.
Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Photographer.
Indemnification. Client agrees to indemnify and hold harmless Photographer, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees and officers from any and all claims, causes of action, damages or other losses arising out of, or related to, the Services provided in this Agreement. Client agrees to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, Client waives its right to directly or indirectly ask or force Photographer to pay for any such damages.
Release. Client has spent a satisfactory amount of time reviewing Photographer’s work or past client reviews and has a reasonable expectation that Photographer’s Services will produce a reasonably similar outcome and result for Client. Photographer will use reasonable efforts to ensure Client’s services are carried out in a style and manner consistent with Photographer’s current portfolio and services, and Photographer will try to incorporate any suggestions Client makes. However, Client understands and agrees that:
Every client and final delivery is different, with different tastes, budgets, and needs;
Photography is a subjective service and Photographer is a provider with a unique vision, with an ever-evolving style and technique;
Photographer will use its personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions;
Dissatisfaction with Photographer’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.
Non-disparagement.The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.
Model Release. Please see attached as Exhibit A.
Cancellation, Rescheduling and No-Shows
Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Photographer to render Services due to the fault of the Client or parties related to Client, such as failure of one or more essential parties to the course to provide support or documents in a timely manner, Client shall provide notice to Photographer as soon as possible via the Notice provisions detailed in this Agreement. Upon cancellation or unreasonable delay, all outstanding fees are immediately due and payable to Photographer.
Weather Delay. In the event of a rain or weather delay, Client will be notified within 24 hours of any shoot that it may be cancelled and if the shoot becomes impossible due to weather, it is within the Photographer’s discretion to reschedule the shoot.
Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party that materially affects the Services provided in this Agreement, including:
A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Failure to Perform Services. In the event Photographer cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
Excuse Client of any further performance and/or payment obligations in this Agreement.
General Provisions
Governing Law. The laws of Washington govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Email
Photographer Email: Rebecca@rebeccaellison.com
Photographer's Address: PO Box 33179, Seattle, WA 98133
Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.
Dispute Resolution. If the Parties cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then the Parties will make a reasonable attempt to resolve their dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
Headings. Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
Rebecca Ellison
Photographer,
Rebecca Ellison Creative, LLC
PO Box 33179, Seattle WA 98133
Exhibit A
Model Release
Future Use. Photographer may publish or submit for publication any photograph she owns that is produced in the course of fulfilling this Agreement for any reasonable and related purpose of Photographer’s business, such as, but not limited to publication in:
Photographer’s own blog;
third party blogs;
magazines;
publications;
advertisements; and
any other reasonable commercial purpose.
Notification of Use. Photographer is not obligated to notify Client or anyone in photographs of Photographer’s publication or other use of any image or images.
Model Release. Client releases her image and likeness for use in any of Photographer’s images and understands these images may be used for any purpose of or relating to Photographer’s business. Client Initials: {required_checkbox}
Other subjects agree and understand .
