Terms and Conditions

PAYMENT: A $500 nonrefundable booking deposit is due with the signed contract, with the balance due on or before the date of principal photography.

COPYRIGHT AND USAGE: Joan Cusick shall own copyright, trademark, trade name, service mark, right, title, interest, and ownership in all photographs, recordings, text, and other assets created by the Photographer. Joan Cusick Photography reserves the right to use images created under this service agreement for advertising, display, publication or other purposes.

CLIENT USAGE RIGHTS: The Photographer grants to the Client a worldwide license, in perpetuity, for noncommercial use of images, including the right to print photos for personal use, post to social media, and/or fulfill editorial requests from media outlets. This license is non-transferable and does not include any Client use or authorization that results in financial gain. In the event of use in online, print, broadcast, or other media, the Client shall request a credit for “Photo by Joan Cusick,” but shall have no liability if a third-party media outlet refuses or fails to publish the photo credit.

DIGITAL FILE DOWNLOADS: The Photographer shall allow the Client only to download digital files from the appropriate gallery at www.joancusick.com. The Client agrees not to share the download password. Downloads will be enabled only after payment is received in full.

ROLES AND RESPONSIBILITIES: Both parties agree to complete tasks and responsibilities in a timely manner. The Photographer is responsible for taking, selecting, editing, and posting photographs. The Client and/or Client Designee is responsible for providing advance information, on-site assistance, and prompt response to all requests for review, feedback, and approval. The Photographer shall not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or information.

HEALTH PRECAUTIONS: Both parties agree to observe health and safety protocols, including mask-wearing and social distancing during the COVID-19 pandemic. If health protocols are violated without mutual consent during a photo session, photography will cease immediately and the Client will be liable for the entire fee.

INSURANCE AND PERMITS: The Photographer agrees to provide proof of liability insurance upon request.

TALENT RELEASES: The Client shall be responsible for obtaining and maintaining any necessary talent releases from individuals participating in and associated with this event. The Client shall make these releases available to the Photographer upon request.

PHOTOGRAPHER LIABILITY: If the Photographer cannot perform this Agreement due to injury or illness, natural disaster, travel interruption, or other cause beyond the control of the parties, then Joan Cusick Photography shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, lost during a robbery or other criminal act, or otherwise lost or damaged without fault on the part of Joan Cusick Photography. In the event Joan Cusick Photography fails to perform for any other reason, Joan Cusick Photography shall not be liable for any amount in excess of the retail value of the Client’s order. 

Powered by SmugMug Owner Log In