Art Documentation Photography Services in Miami Florida
Terms & Conditions Agreement:
The rules and agreements that govern our relationship. Delve into the details here.
This Agreement (the "Agreement") is made and agreed upon by and between Michael R Lopez (the "Photographer") and (the "Client"). By contacting the Photographer and requesting their services, the Client acknowledges that they have read and understood this Agreement and agree to be bound by its terms and conditions.
Scope of Services
The Photographer agrees to provide professional photography services to the Client, including the photography of art objects, exhibitions, and events as requested by the Client. The Photographer will use their professional expertise and equipment to capture high-quality images that accurately represent the artwork and meet the Client's specific needs and requirements.
Fees and Payment
The Photographer shall be paid the full amount for the photography services after delivery.
Intellectual Property
The Photographer shall retain the copyright in all images created during the course of this Agreement. However, the Client shall have the right to use the images for the purposes of promoting, displaying, and selling the artwork, and for any other reasonable promotional or marketing purposes. The Client shall credit the Photographer whenever the images are used.
Confidentiality
The Photographer shall maintain the confidentiality of all information and materials provided by the Client, including any confidential or proprietary information related to the artwork or exhibitions. The Photographer shall not disclose this information to any third parties without the Client’s written consent.
Termination
Either party may terminate this Agreement at any time, for any reason, with written notice to the other party. In the event of termination, the Client shall pay the Photographer for all services rendered up to the date of termination.
Indemnification
The Client shall indemnify and hold the Photographer harmless from any and all claims, damages, or expenses arising from the Photographer's performance of services under this Agreement.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of Florida, and any legal action arising out of or in connection with this Agreement shall be brought in the courts of Florida.
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 both parties. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this Agreement or any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.
Event Schedule
The Client agrees to confirm the schedule with the Photographer. Notification of any changes in schedule or location must be made in a timely manner. If a re-schedule is made by the Client, the Client agrees to pay a fee as determined by the Photographer.
Safety
The Photographer reserves the right to terminate coverage and leave the location of work if inappropriate, threatening, hostile, or offensive behavior is displayed, or if the safety of the Photographer is in question.
Shooting Time / Additions
The Client and the Photographer agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the Client does not arrive at the appointed time for the event(s), shooting will commence at the scheduled start time and end at the scheduled end time. The Client will be billed all additional time beyond the scheduled end time.
Expenses Incurred
The Client is responsible for all travel, accommodation, meal, and transport costs when applicable. Travel expenses are based on the distance between the event location(s) and the Photographer's studio address.
Responsibilities
The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer, including but not limited to obtrusive guests, the lateness of the Client or guests, weather conditions, schedule complications, incorrect addresses provided to the Photographer, or restrictions of the locations. The Photographer is not responsible for handling art. The Photographer is not held liable for missing or deconstructed artworks in any way, shape, or form. The Photographer will not be held accountable for failure to deliver images of any artwork, individuals, or any objects at the event(s).
Venue & Location Limitations
The Photographer is limited by the rules and guidelines of the location(s) and site management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the Client's responsibility; the Photographer will offer technical recommendations only.
Permits
The Client is responsible for acquiring all permits and necessary permission for all locations on which the Photographer will be performing services.
Film & Copyrights
Please note that my images are protected by copyright, and I retain ownership of the copyright to all of my images. While you have the freedom to use my images for Limited Usage and Non-Commercial use, you do not have the right to own or transfer the copyright to my images without my explicit permission.
It is important to understand that copyright ownership grants exclusive rights to use, reproduce, distribute, and sell the images. Therefore, if you wish to use my images for commercial purposes, you must first obtain my permission and, if necessary, enter into a licensing agreement with me.
Please note that I have not signed any work-for-hire contracts or any contracts that give you full permission to own the copyrights to my images. Additionally, no copyright transfer releases have been made.
If you hire a photographer and wish to own the copyright to their images, you must handle the copyright transfer release. Please note that the copyright transfer release must be in writing and signed by the photographer.
It is important to respect the copyright of photographers and to obtain proper permission before using their images. The media content, such as photographs, videos, and audio produced by the Photographer, are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the Photographer's explicitly written permission. If the Client has purchased a disk or digital files, the Client is granted permission to make copies for personal use only and not for any commercial use. The Client shall not sell, publish, or otherwise distribute the images or any derivative works thereof without the written consent of the Photographer.
Model Release
The Client grants the Photographer and its legal representatives, assigns, and clients the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising, and any other purpose, and in any manner, to alter the photographs without restriction, and to copyright the same. The Client releases all claims to profits that may arise from the use of images.
Limitation of Liability
The Photographer shall not be held liable for any injury to the Client or guests during the course of the event. The Client is responsible for their own safety and the safety of their guests. The Client releases the Photographer from any liability for any loss, damage, or theft of personal property.
Re-shoots / Refunds
No refunds will be given for any reason. In the unlikely event that the Client is not satisfied with the images, the Photographer will make every effort to re-shoot the event at a mutually agreed-upon date. If a re-shoot is not possible, the Photographer will offer the Client a credit towards future services.