Terms

Commercial Terms of Service:

Mark Jacobs Productions offers a standard limited licensing agreement for our Commercial, Architectural, Interior Design media unless otherwise specified in writing and signed by both parties.

This Photography Agreement between Mark Jacobs Productions a limited liability company and clients of company, collectively referred to as the parties with the photography session detailed below.

Services:

Client has elected to receive and photographer will provide Architectural, Commercial, Interior Design, Aerial, Portrait and/or Video Production (Photography Services)

Copyright:

Title (possession) of and copyright to all work provided hereunder shall at all times remain the exclusive property of Mark Jacobs Productions. Upon payment by client for the photography/media services provided by Mark Jacobs Productions, a limited, revocable, non-assignable and non-transferable license shall be granted to client which allows client to use the media services for marketing purposes on their own website(s) in order to further the success of clients business and service offerings. The photography/media services may not be resold, transferred, or distributed in any other manner without the prior written consent of Mark Jacobs Production. Additional usage requires additional compensation. This includes prints, advertising, magazine usage, or sharing on any other platforms but the clients own website.
Photographer reserves the right to use any photography/media work created under this agreement for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.

Exclusive Photographer: Photographer and/or any photographers hired by photographer to perform the photography services shall be the exclusive photographer(s) retained by client for such purposes.

Artistic Style Release:

Client has spent a satisfactory amount of time reviewing Mark Jacobs Productions work and has a reasonable expectation that Mark Jacobs Productions will perform the services in a similar manner and style unless otherwise specified. Mark Jacobs Productions will use reasonable efforts to ensure Client's desired services are produced in a style and manner consistent with Mark Jacobs Productions current portfolio and will try to incorporate any reasonable suggestion made by Client.

Damages:

Indemnity: In no event shall photographer be held liable for any damages incurred by client or to clients property. In no event shall photographer be liable for any special, incidental, indirect, punitive, exemplary, or consequential damages. Client agrees to indemnify, defend and hold harmless photographer from and against any and all third party claims, losses, liabilities, damages and expenses, including attorneys fees, resulting from Clients act or omission under or related to this Agreement.

Expenses:

Travel expenses such as airfare, rental car, hotel, parking, shipping, or destination fees (if any) must be reimbursed to the photographer and will be added to the balance due. Travel fees will be estimated in the initial payment total whenever possible. Clients are responsible for all location fees and permits.

Image Delivery:

Images will be delivered to the client fully edited. Any further editing required after delivery will incur an additional cost of $50.00 per hour. Reshoots or additional visits will require a fee of at least 50% of the original cost of the photography or video shoot and up to 150% at photographers discretion. By hiring photographer, client has agreed to have reviewed photographers prior work/style and agrees that the delivered product is final unless additional compensation is rendered for additional work or editing.

Returned Checks:

Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.

Cancellation Fee:

Orders can be canceled for any reason with a 24-hour notice Monday thru Thursday. There is a processing fee of 3.3% + 30 for all refunds. Shoots scheduled for Mondays need to be canceled by Friday 5 pm (Saturday and Sunday are non business days). For orders canceled with less than a 24-hour notice, Mark Jacobs Productions charges 50% of the total shoot cost. This will show as a line item on the invoice. If, a shoot is rescheduled with less than a 24-hour notice, then canceled with a 24-hour notice. The shoot will be invoiced at 50% of the total shoot.

Payment Terms:

50% deposit at time of booking, balance due on download. Balance will be automatically billed 3 days after delivery.

Governing Law:

This Agreement shall be governed by the law of the North Carolina without reference to its rules relating to choice of law.

Entire Agreement:

This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

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