These Terms and Conditions are a legally binding agreement between you (“Customer”) The Foxes Photography, LLC (“Photographer”) (collectively, the “Parties” or individually, “Party”) for the purposes of purchasing a custom photograph through the Photographer's Client Album. This Agreement is effective on the date you complete your payment transaction.
TERMS AND CONDITIONS
- prices and advance
Customer agrees to receive a custom album package by signing and returning this Agreement along with initial payment for the album service. The photographer will not begin their custom album services until the contract is signed and the album design fee is received. No final albums will be printed until full payment is received. If the Client fails to make payment as stated, the Photographer shall be entitled to terminate this Agreement immediately, without any further obligation, and retain any amounts already paid as a penalty. Full payment must be made by Customer within 60 days of the date of this Agreement.
Prices for this contract are based on the current price of the photographer's album at the time of booking. The pricing schedule is adjusted regularly and changes to custom albums are charged at the then-current prices.
- Album design process
The following overview shows the general procedure for a custom album design. The customer understands and accepts this procedure.
- The photographer uses photos and album specs to create his first custom album design.
- The photographer sends the first draft of the album design to the client.
- The customer will approve or submit revisions to the album design.
- The photographer will edit the album design. Only two editing rounds are allowed.
- The client approves the final album design.
- The photographer sends the album to be printed.
- The album will be printed and shipped.
- The customer receives the finished printed album.
- sheet album
Albums will contain 35 sheets and no less. The definition of a "page" is one page of a spread in an album (for example, a 70-page album contains 35 spreads). If the customer orders more than 35 sheets, each additional sheet will cost US$50.00.
- review rounds
The first draft contains the photographs selected by the photographer and is sent to the client for approval. The customer can request that changes be made. The photographer will finalize the changes and send the second draft album design to the client. The customer can then either accept the design or request another round of changes. The photographer will complete this second change request and send the final version of the album to the customer. After these two rounds of album cover revisions, no further revisions are allowed. Any further revisions will be charged at a rate of $75.00 per round. Any additional rounds of verification must be paid for before the photographer conducts the verification. The photographer will need up to 10 days to submit a review request.The customer has 50 days to submit any request to the photographer for review.Any changes requested by the client more than 50 days after the date of this contract will not be accepted by the photographer.
- Final approval
The photographer will not place an album order with the album manufacturer until the design draft has been approved by the customer and the balance has been paid for additional updates or enhancements. The customer agrees to review the final album design very carefully before giving final approval. After final approval, the photographer is not responsible for any typos, image errors, duplicate images or any other errors that may have gone unnoticed.
- main/double albums
Primary/Duplicate Albums cannot be modified from original layouts. All original/duplicate albums are ordered, billed and paid for at the time of final approval of the original album art, before the photographer sends the album to print. No master/duplicate albums will be available once the original album order phase is complete.
- album delivery
Customer understands and agrees that the manufacturer of the Photographer's Album (“Manufacturer”) generally requires 6-8 weeks to print and manufacture the Album. Whilst every possible precaution is taken and the manufacturer has been chosen by the photographer for its excellent quality, the photographer is not responsible for any loss or damage to the album while in the manufacturer's possession.
- order closes
The customer accepts the final album design within 60 days from the date of this agreement. Any delay by the client in approving the final artwork for the album will result in the termination of this Agreement and no further obligations on the part of the photographer.
- retouches and edits
The photographer uses the final edited images provided to the client to create the album. The photographer will not post-process or retouch any images.
Customer understands and agrees that no returns or refunds of any kind are allowed after final approval of the album design by the photographer. In the event that the customer receives the printed album and discovers a manufacturer defect or is dissatisfied with the quality of the album, the photographer will use his best efforts to work with the manufacturer to remedy the situation. Customer is responsible for any additional fees associated with returning or reprinting the album.
- archiving albums
The photographer retains a copy of the approved album artwork for 90 days, but does not permanently archive the album artwork. The customer understands that after 90 days the artwork of the album will no longer be available for ordering new copies and it will be necessary to sign a new contract to start the process over again.
- photographer's copyright
The Foxes Photography, LLC album artwork is and will remain your property and is protected by the copyright laws of the United States (USC Title 17). Customer waives any right of ownership, revenue, editorial control, and use of the album's images and layout. Violations of this federal law are subject to civil and criminal penalties.
Customer and its representatives agree to purchase the Album Design and Product directly from the Photographer through its professional album company. Customer and its representatives agree not to scan, copy or reproduce album art in any way, including using custom album art to create other albums, without written permission. In case of illegal reproduction, the photographer may demand compensation. The customer and their representatives also agree not to give the album to third parties.
Photographer office hours are Monday through Friday, 9am to 5pm PST. The photographer's main source of communication is his email address email@example.com. The photographer will respond to customer emails within these office hours.
The Client shall indemnify the Photographer, its heirs, legal representatives, assigns, employees, contractors or any person or entity acting under the Photographer's permission or authority, from and against any loss, damage, liability and any loss, damage, liability and liability, release, release and release expenses and costs, including attorneys' fees and reasonable attorneys' fees, to which the Photographer may be exposed as a result of any claim, demand, suit or other legal proceeding by third parties, insofar as such losses arise directly or indirectly of activities carried out by the Photographer carried out pursuant to this Agreement, unless such losses result from gross negligence, willful misconduct or deliberate acts by the Photographer.
- maximum damage
Customer's sole remedy for any cause of action or claim shall be limited to a refund not to exceed the total amount paid by Customer under this Agreement.
- Limitation of Liability
If during production and/or before the albums are delivered to the customer, the media is lost, stolen or rendered unusable due to defects, damage, device/platform malfunction, processing or other technical error caused by the photographer. or by forces beyond the Photographer's control, Customer agrees to indemnify the Photographer and accepts no further liability.
In no event will the Photographer be liable under this Agreement for the Client or any other third party for any consequential, indirect, incidental, special, exemplary, punitive, or increased damages arising out of, in connection with, or in connection with any breach of this Agreement: Agreement , regardless of (a) whether such damages were foreseeable, (b) whether or not Customer was notified of such damages, and (c) the legal or reasonable theory (contract, tort or otherwise) on which it based the claim.
- force majeure
Neither party will be liable to the other for any failure or delay in performing or performing any provision of this Agreement (other than any obligation to make payments to the other party) or will be deemed a breach of this Agreement under this Agreement), if and to the extent that such failure or delay is caused by or results from acts beyond the control of the affected party ("Affected Party") and that they are unforeseen and unforeseen at the time of engagement, including but not limited to post-event force majeure
Events ("Force Majeure Events"): (a) Force Majeure; (b) a natural disaster (fire, explosion, earthquake, hurricane, flood, storm, explosion, infestation), epidemic or pandemic; (c) war, invasion, hostilities (whether declared or not), terrorist threats or acts, riots or other civil disturbances; (d) governmental order or law; (e) any measure, embargo or suspension in effect on the date of this Agreement; (f) action by a governmental authority; (g) national or regional emergency; (h) strikes, work stoppages or recessions or other industrial disturbances; and (i) lack of power or adequate transportation. The Affected Party notifies (as defined in Section 27) within 10 days from the event of force majeure to the other party, indicating the expected duration of the event. The affected party will use diligent efforts to remedy the failure or delay and ensure that the effects of any force majeure event are minimised. The interested party will resume the fulfillment of its obligations as soon as possible after the cause has been eliminated. If the affected party's breach or delay is not cured within 15 days after notice is provided by it, the other party may terminate this Agreement by giving notice. The advance payment and any other payments made by the Customer up to the date of the Notice of Force Majeure Event are non-refundable.
- Cancellation of Album Services by Photographer
In the event that Photographer determines, in its sole discretion, that it is unable or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of a family member, pregnancy, military orders, religious commitments, other emergencies personal data or a complete interruption in customer communications:
- notify the customer immediately;
- Issue a refund or credit based on a reasonably accurate percentage of Custom Album Services performed; Y
- Release Customer from any other performance and/or payment obligations under this Agreement.
- value-added tax
In the event that a sales and/or use tax is levied pursuant to any part of this Agreement, such tax will be collected from the Client and remitted by the Photographer. All sales tax is shown on invoices.
- complete deal
This is a binding agreement containing the entire understanding of the parties and supersedes any other written or oral agreement between the parties, and any modifications must be in writing, signed by all parties and physically attached to the original agreement.
22. Jurisdiction and Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the State of Washington, including all matters of construction, validity, performance and performance, and without regard to principles of conflict of laws. The parties agree that any dispute or claim arising out of or relating to this Agreement that is not first resolved by arbitration will be resolved exclusively in a court of competent jurisdiction located in Whatcom County, Washington. The parties assume responsibility for their own collection costs and attorneys' fees incurred, if necessary, to enforce this Agreement.
Any dispute or controversy arising between the parties that cannot be resolved amicably will be decided by arbitration in accordance with the Rules of Procedure of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator or arbitrators. The arbitration will take place in Whatcom County, Washington, unless the parties mutually agree otherwise. The costs and expenses of the arbitrators will be shared equally by the parties. Each party is responsible for its own costs and expenses in submitting the Dispute to arbitration.
- Severability and non-waiver
If any part of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement will remain valid and enforceable. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of any other party or provision of this Agreement.
This Agreement may not be transferred or assigned by the Photographer or Client to any third party without the written consent of all parties.
Headings and titles are provided in this Agreement for convenience only and are not to be construed as part of this Agreement.
The parties will notify each other of the date and time that the notice will be sent (“Notice”) by email: Photographer's email: firstname.lastname@example.org
- counterparts; fax signatures
The parties agree that a facsimile (electronic) copy of this Agreement with the signatures of the parties may be used as the original.
By checking the box on this order form and at checkout, you confirm that you have read, understood and agree to the terms of this Agreement.