TERMS AND CONDITIONS
This Agreement is made effective for all purposes in all respects as of September 1st, 2022 by and between GORETTI PICTURES LLC., hereinafter referred to as “the COMPANY” and you, hereinafter referred to as “The CLIENT” relating to the event(s) detailed below, hereinafter referred to as “The EVENT(S).
ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY 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 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.
BOOKING SCHEDULE: Notification of any changes in booking and/or schedule must be made no later than 24 hours prior to the booking start time and confirmation of receipt must be obtained from the COMPANY by the CLIENT. Failure to do so or breach of contract will result in the cost of the CLIENT’S full purchased package amount to be non-refundable and shall be liquidated damages to The COMPANY.
SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.
SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY 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. All additional time beyond the scheduled end time will be billed to the CLIENT.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the COMPANY studio address.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS: The COMPANY 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 COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the COMPANY will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
FILM and COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicitly written permission. If the CLIENT has purchased Digital Images from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased Digital Images from the COMPANY, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs.
MODEL RELEASE: The CLIENT hereby assigns the COMPANY 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, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY’s control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.
APPEARANCE RELEASE: I grant to GORETTI PICTURES, successors, assignees, licensees, promotional partners and affiliates (collectively “GORETTI PICTURES”) the rights set forth herein.
1. GORETTI PICTURES will have the irrevocable and perpetual right, but not the obligation, to use, as they may desire, all video and/or photographs where I may be included for editorial trade, product advertising and such other fashion/ business purposes in any matter and medium. This includes the right to use my name, likeness
and biographical information (including, but not limited to GORETTI PICTURES) and in connection with the advertising, publicizing, exhibiting and exploiting such, in whole or in part, in any manner whatsoever, by any and all means, media, devices, and processes now or hereafter known or devised in perpetuity.
2. GORETTI PICTURES and the related representatives and assigns (collectively “GORETTI PICTURES”) has my consent to incorporate any advertising or promotions related thereto, any photographs, and/or video in which I appear, and I hereby waive any right to any additional compensation therefore, including but not limited to any excerpt and/or reuse fees and/or residual payments.
3. I acknowledge that my appearance in photographs and/or video constitutes part of my Appearance and that I shall not be entitled to any compensation for such.
4. I hereby release GORETTI PICTURES, related representatives and assigns (collectively “GORETTI PICTURES”) from any and all claims and demands arising out of or in connection with the uses set forth herein, including, without limitation, any and all liability arising out of published photographs and/or video.
5. I will refrain from any offensive or distasteful remarks or conduct in the rendering of the Appearance hereunder and will conduct myself in a courteous and professional manner at all times during the rendering of the Appearance.
6. I acknowledge that I am eighteen (18) years of age or older or, if the individual participating in the images, photographs, video /giving the Appearance is under the age of eighteen (18) years, I am the parent or legal guardian of such individual and am signing below on their behalf and that such minor individual will be bound by all releases, consents and covenants contained in this Appearance Release. I further acknowledge that I have read this Appearance Release in its entirety. I fully understand it, and I have resolved to my satisfaction all questions concerning its content.