For more information please review the FAQ.

Cost, Fees & Payments

Client agrees to pay Provider a total cost ("Total Cost") for all Services in the amount agreed upon.

All payments are final and non-refundable. Client agrees that refund policy ensures Provider is fairly compensated for committing to provide the Services and turning down other potential projects/clients.

Intellectual Property

We give primary copyright over to our clients with an exception to allow us to use the images we photograph in our portfolio and marketing resources. We're not interested in charging customers to use their own photos as most other agencies will charge one time or several times over to allow usage.

Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with this Agreement, Provider owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of Provider business.

Permitted Uses of Product(s). Client grants to Provider a non-exclusive license of product(s) produced with and for Providers for personal or commercial use only so long as Provider does not sell them, such as for stock photos, and does not misrepresent Client’s brand.

Artistic Release

Style. Client has spent a satisfactory amount of time reviewing Provider's work and has a reasonable expectation that Provider will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency. Provider will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Provider current portfolio and Provider will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

  1. Every client is different, with different tastes, budgets, and needs;

  2. Provider services are often a subjective art and Provider has a unique vision, with an ever-evolving style and technique;

  3. Provider will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;

  4. Although Provider will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Provider shall have the final say regarding the aesthetic judgment and artistic quality of the Services;

  5. Dissatisfaction with Provider's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

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 Provider.

Release of Products. Any Products delivered to Provider by Client become property of Provider and will not be returned unless Client pays $100 fee plus the cost of shipping and handling expenses per product or shipment. Exemptions can be made prior to photo shoot by Provider if the project warrants to free return of clients goods.

Indemnification. Client agrees to indemnify, defend and hold harmless Provider and its affiliates, employees, agents, and independent contractors for any injury, property damage, liability, claim, or other cause of action arising out of or related to Services and/or product(s) Provider provides to Client.

Limit of Liability

If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Provider to render Services due to the fault of the Client or parties related to Client, such as failure of the to occur or failure of one or more essential parties to them to show up in a timely manner, Client shall provide notice to Provider as soon as possible via the Notice provisions detailed in this Agreement.

Provider has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Provider to provide the Services due to the fault of Client (or parties related to Client), and Provider will not be obligated to refund any monies Client has previously paid towards the Total Cost.

Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for then, or should it become impossible for Provider to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Provider is able to secure another, unrelated client for then, then Provider may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.

Cancellation, Rescheduling and No-Shows

Force Majeure. Notwithstanding the above, either party may request to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

  1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or

  2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or

  3. 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.


Special Requests For clients who have special requests of locations, props, models, weather, etc… timelines are subject to change based on availability of those things.

Impossibility

COVID: Provider does NOT require Client to enforce, nor does Provider accept responsibility to enforce ANY of Governor’s orders. If Client would like Provider to take related precautions, Client must notify Provider in writing at the time of signing Agreement.

Project: The Client(s) expressly agree(s) to take the best efforts to provide Provider and Provider’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either Provider or a bystander to present a threat or implied threat of injury or harm to Provider staff or equipment, the Provider reserves the right to cancel all services remaining under this Agreement and leave if performing services on-location. At the Provider’s discretion, the Provider may enact a three-strike policy. After the first offense, the Provider will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), Provider shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the project. If the behavior occurs a third time, the Provider will immediately leave the project. If the Provider leaves the project early due to any offending behavior, the Client(s) expressly agree to relieve and hold Provider harmless as a result of incomplete project coverage, or for a lapse in the quality of the Provider’s work, and the Client(s) shall be responsible for payment in full.

Non Project: The Client(s) expressly agree(s) to take the best efforts to provide Provider and Provider’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to Provider staff, Provider will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, Provider shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold Provider harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the [Provider’s]work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Provider resumes work detailed in this Agreement

Appropriate Conduct/ Safe Working Environment

Governing Law. The laws of the United States and the State of Oregon in the County 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.

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the and 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.