Terms and Conditions Agreement
1. Purpose: This agreement is between Jason Loudermilk Photography dba Collective Image Photography, herein referred to as the “Company” and the user herein referred to as the “Client” for the commission and delivery of a photo album, photo retouching or other design or printing services. This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for the Clients use of our services and products. By using the website and the services offered on the website you agree to follow and be bound by these terms and conditions. If you do not wish to be bound by these terms and conditions you may not access or use this website and the services offered on the website or by the Company. You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
2. Description of Services: The Company provides album design, product design, photo retouching and other related services herein referred to as “design” and the delivery of album products, other physical printed media and printed photographs herein referred to as “products.”
3. Redemption: The client has 1 years (12 months) from event date to redeem a purchased product or service. No guarantee is made that the exact products, services and upgrade options or pricing will be available at time of redemption.
4. Album & Product Design Proofing: The Client will be able to proof the final wedding album design or any other design related to a product or service prior to creation and delivery of product.
5. Shipping & Applicable Taxes: All shipping and applicable taxes are paid at time of album creation and are not included in the price of the original album or product commission or purchase. Client will be responsible for all applicable taxes and shipping costs through a separate invoice at time of album creation..
6. Product & Service Details: Clients should be aware of the exact product, design and service specifications included and provided with each service or product requested by the Client or provided by the Company. Misunderstandings by the Client or expectations beyond or exceeding what is specifically detailed in the service or product description will be at the fault of the client. The client will then need to upgrade their product or services accordingly at the Client’s expense in order to achieve desired results.
7. Product Guarantees: Please note that each product or service provided by the Company is individually created. The Company makes no warranty of any kind that products or services delivered will match or be identical to any samples or photographs of past delivered products or those demonstrated on our website or in advertisements. All of our products and services are unique and one-of-a-kind and are subject to minor differences across products and services. The color, materials, product dimensions and specifications varies for each product and service and the Company makes no warranty to identically re-create any products or services. Variations in the creation of our products and services are a normal occurrence and are not considered to be a manufacturing defect or a defect in workmanship and do not qualify for re-creation or a credit of any kind.
8. Album Changes, Upgrades or Revisions: Upgrades can be made to any of our products or services prior to the redemption of your credit or commission; however the downgrade or removal of any products or services is prohibited. Once a commission has been requested it must be redeemed in full. If the Client at any time requests or approves additional services or upgrades either verbally or in writing or via their online proofing website comments, the client will be responsible for any additional charges before their product or service can be created and/or delivered.
9. Album Deposit Payment Policy & Terms: The creation and purchase of a custom album or any other product or service details the price and specifications of a product or service to be delivered at a future date (within 1 year of original purchase date). The initial payment issued to the company is considered to be a non-returnable deposit for commissioned services. All album, product or service deposits are non-refundable and non-transferable. If deposits are not redeemed within the redemption period they will be expired and have a value of $0.00. The Company is not responsible for notifying the client of any deadline, redemption dates or any other notification to redeem credit or deposits of any kind.
10. Remaining Balances & Album Creation: All remaining balances associated with upgrades, add-on or additional services must be paid in full prior to the creation and delivery of your products or services. The Company is not obligated to perform any services if the balance is not paid on time and in full. The Company will make accommodations and reserve inventory for the creation and delivery of the Clients products and services. For this reason, all retainers and payments are non refundable if the date is changed, if the wedding or event is cancelled, or the Clients change their minds for any reason. The Company does not provide refunds or the ability to cancel orders for any products or services.
11. Design Approval: The Company does not proof, edit or change any of the final designs or content submitted by the Client. As a result, the company makes no claim to and has no obligation to correct (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in print; (c) color changes or corrections (d) design issues, including style, color and page layout; or (d) any other creative choices that the Client requests to be made to any services or products. YOUR PRODUCTS & DESIGN SERVICES CANNOT BE EDITED OR CHANGED FOR ANY REASON ONCE THEY ARE APPROVED. Any changes made thereafter will incur a cost of $60 per hour and the cost to re-order or re-manufacture any physical products. Therefore, the Client agrees that they will not approve any designs or content unless it has been fully proofed and the Client is satisfied that it is ready to be created and delivered. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
12. 100% Satisfaction: The Company provides a 100% satisfaction guarantee on all Album related services. The Company provides complete customization and unlimited design changes to its Client. The Client will communicate their 100% satisfaction of the album design by communicating an “Approval” to the Company via their online proofing website. Client must approve all page designs to continue the design process or complete the design process. The album design services will be considered rendered at 100% satisfaction at this time.
13. Photo Retouching Terms: Retouching packages or services refers to the multiple services rendered to each individual image. The client agrees that The Company shall provide retouching & design services to the best of their abilities in accordance with the services or products selected. Every effort will be made to insure your satisfaction according to industry standards. Any artistic interpretations by The Company will be deemed acceptable and correct. If you are not satisfied with your image retouching through fault of The Company, your retouching will be re-done. Requested changes must be communicated on client’s online proofing website before products are ordered or expenses incurred. Once a retouched photo is approved no further changes will be made. Furthermore, the Company is not responsible in any way for missed or faulty images of any kind that have been approved by the Client. If a change or element of dissatisfaction is found after products have been ordered or delivered, the cost of the change or replacement of the product will be at the expense of the client. Notification of retouching changes must be received within 3 days of viewing the retouching proof. The Company allows 1 Set (one correspondence of changes that are different from what was initially requested within the services rendered) of changes to be made once the proof image is viewed. Any additional time past 3 days will be deemed as approval of retouching and accepted by the client with no further changes permitted. All services will be considered rendered after the delivery of the final approved image. The client may not replace or change any or all of the initial photo(s) submitted regardless of the immediacy to retract or any error involved in the submission. The Company is granted total artistic control over the final image. Any requested retouching over the above specified 1 set of changes will be billed at a minimum of $10 per change. The Company does not take responsibility for the client’s misinterpretation of our retouching services. We cannot be responsible for dissatisfaction due to circumstances beyond our control.
14. Design Services and Product Terms: The Company will provide products and services to the best of their ability in accordance with the services or products selected. Every effort will be made to insure The Clients satisfaction according to industry standards. Any artistic interpretations by The Company will be deemed acceptable and correct. If you are not satisfied with the design of your album or product through fault of The Company your design will be re-done. Requested changes must be communicated via their online proofing website comments dialog before products are ordered or expenses incurred. Once an album design or product design is approved no further changes can be made. Furthermore, the Company is not responsible in any way for faulty images, typos, misspellings or any other issues of any kind that have been used in a design and approved the Client. If a change or element of dissatisfaction is found after products have been ordered or delivered, the cost of the change or replacement of the product will be at the expense of the client. If the product needs to be returned for any reason any costs for shipping or for replacement of products will be paid by the client. Notification of design changes must be received within 3 days of the album proof posting. The Company allows unlimited design changes to specified products; however, any changes made to the album must be new changes. The Company does not allow unlimited changes as a way to view different design versions, colors or styles. Once a change is requested and made it must be kept and future changes must be different from what was initially/previously requested. The client must communicate all changes or requests with The Company via their online proofing website. The Company is granted total artistic control over the final design. The Company does not take responsibility for the client’s misunderstanding or misinterpretation of our design services or products. The Company cannot be responsible for dissatisfaction due to circumstances beyond our control. All services will be considered rendered after the delivery of the product.
15. Content & Copyright: The Client confirms that they have the right to provide the Company with the necessary media and content (photographs, digital negatives, logos, designs etc). By providing the Company with this media and/or content, The Client also agrees that it will in no way be infringing on the copyright laws held by the originator of the content. By submitting content to The Company, you agree that you represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this section for the content that you provide to the Company. (ii) Your content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity. All Content is the sole responsibility of the person who originated such Content. The Company does not monitor or control the Content posted. Under no circumstances will The Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services. If you do not have the right to submit Content for use, it may subject you to liability. The Company will not be responsible or liable for any use of your provided Content by The Company in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
16. Copyright and Reproductions: As the Client, you agree that you have been informed and understand that The Company is producing photographs, designs, digital and print media, and/or video. The Client agrees that their name, likeness, and images will be made apart of that production ("Product"). The Company shall own the copyrights of all designs created. This grant includes without limitation the right to retouch, edit, mix or duplicate and to use or re-use the Product in whole or in part as the Company may elect, whether transferred through photographs, video, video broadcast, film, electronically or other means now known or later developed. The Company or its designees shall have the complete and exclusive copyright and ownership of all designs and/or products created in which the Client appears, and The Client acknowledges that they have no interest or ownership in the designs and/or products or it’s copyright. The Client also grants The Company and its designees the exclusive right to broadcast, exhibit, advertise, market, sell and otherwise distribute and make reproductions of the photographs and/or designs, either in whole or in part, and either alone or with other products, print or any other purpose that The Company or its designees in their sole discretion may determine. This grant includes the right to use the Product for promoting or publicizing any of the uses.
17. Copyright Policy: The Company respects the intellectual property rights of others and expects users of our products and services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We reserve the right to refuse service to Content alleged to be infringing without prior notice and at our sole discretion. Under this agreement the Client grants without limitation the right to retouch, edit, mix, duplicate, design and to use or re-use the Image or Product in whole or in part as The Company may elect. Whether recorded on or transferred through design, photographs, video, video broadcast, film, electronically, products albums or other means now known or later developed.
18. Submission of Content: The Client is responsible for any and all content submitted to The Company and for any consequences thereof. The Content submitted by the Client will be transmitted electronically and runs the normal risk of being seen during distribution across the internet. You may only submit content and enter into this agreement with the Company as long as you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
19. Client Responsibilities: Upon the purchase of an album, product or service deposit/retainer the Client may be required to register the event/wedding date with The Company in order to insure availability and insure the redemption of the deposit/retainer. The client is responsible for the registration of products or services purchased. If the registration of a product or service does not take place, the design, creation or delivery of the product or service may be delayed up to 5 months. The Client is further responsible for the selection of images to be used in the products or services for which they have placed a deposit or purchased. The client has 90 days from the event date indicated in their product/service registration to begin the redemption/creation of their products or services. After the the 90 days, the Client’s products and Album will be archived. Archival of products and albums will incur a $50 un-archival fee. Any submission of images that is received after the 90 days will delay the design, creation or production of the product or service and will be completed at the Company’s discretion. All services and products indicated in this agreement must be redeemed within 1 Year (12 months) from the original event date or they will be considered forfeited and are non-refundable and non-transferable. The Client is further responsible for providing the Company with and maintaining an active email account to be used as the main source of communication for all of the Companies correspondence. The Company makes no warranty that any email or correspondence will be received by the Client and it is the Client’s sole responsibility to contact the Company for any reason related to the creation or delivery of products or services.
20. Delivery Dates: The Company makes no guarantees of any kind that a product or service will be delivered by any specific date or time. All delivery dates and agreements written or oral are based of projections with no guarantee of definitive compliance.
21. Receipt of Products: Once physical products are received by the Client, any errors, physical damage or blemishes to the physical product must be communicated in writing to The Company within 24 hours of receipt. The Company is not responsible for the Client’s use, storage, handling or care of the products delivered by The Company. Any product replacements requested after the 24 hour receipt of the product will be at the Client’s expense.
22. Refusal of Service: The Company reserves the right to deny services of any kind when we see necessary. Images will be deemed unfit for retouching based on our sole discretion in addition to some of the below reasons. (i) Copyright Infringement: If the Company perceives copyright infringement of any kind. (ii) Commercial Use: The Company offers services and products for personal use only, unless otherwise specified, and will not participate in the enhancement or retouching of photos used for business purposes of any kind, or for the promotion of any product or service. (iii) Adult Content: At no time will images containing any Adult content be permitted for submission to be used for any products or services by the Company under any circumstance. (iv) If The Company perceives in any way that the services rendered and alterations of images are for the intent to deceive or persuade the judgment or perception of a product, persona or situation of any kind, in addition to the degradation of character or any use of our services not entered to in good faith or with mal intent.
23. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify The Company’s acceptance of your order, nor does it constitute confirmation of our offer to sell. The Company reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by The Company upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
24. Conditions of Sale: To order any Services or Products from the Company, the Client must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by The Company) and associated payment information at the time you order any services or products hereunder. Associated payment information includes all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. The Company currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before The Company invoices the credit card for all amounts due and payable. By providing The Company with your credit card number and associated payment information, you agree that The Company is authorized to immediately invoice your account for all fees and charges due and payable to The Company as a result of your purchase of any services or products. You agree to immediately notify The Company of any change in your billing address or the credit card used for payment hereunder. The Company reserves the right, at any time, to change its prices and billing methods. The Client further agrees to pay all fees and charges incurred in connection with your orders of services or products (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes. The Company may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required.
25. Liability: You agree to defend, indemnify, and hold The Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of The Company’s products or services. The Company’s maximum liability is limited to the return of all payments received for the product or service. Should the terms of this agreement not be met for any other reason the maximum liability shall be limited to the amount paid by the Clients. The Company does not make any warranties or guarantees, either implied or expressed, to any particular design, style, and quality or to meet any particular aesthetic criteria or standards as part of its products or services under this contract. The Client specifically agrees that the maximum liability under ANY circumstances for the Company shall be limited to the amount paid by the Client with NO exceptions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. The Company will not be responsible or liable for any harm to the data or content submitted by the Client. The Company makes no guarantees to back up, store, archive or keep on file any finished products, designs, draft, photography or any other media that have been previously delivered. The Client further aggress that The Company has no responsibility or liability to keep file or media to fulfill any future orders or for the deletion of, loss of data or the failure to store any content.
26. Agreement: The Client agrees that they may enter into this Agreement and that they are not restricted by any commitments to other parties. The Client agrees that they have read the herein agreement prior to its execution and are fully familiar with its contents thereof. This agreement incorporates the entire understanding of the parties, specifically excluding any representations, verbal or written, that are not contained in this agreement; any modification of this Agreement must be in writing and agreed upon by all parties. I hereby expressly release and indemnify The Company and its officers, employees, agents and designees from any and all claims known and unknown arising out of or in any way connected with the above granted uses and representations. The rights granted to the Company herein are perpetual and worldwide.