Terms and Conditions
BOOKING: Upon Client signature, the Photographer shall reserve the time and date agreed upon and shall not make other reservations for that time and date. The Client agrees to provide prompt written notification of any cancellation or change in the date, time, or place.
PAYMENT: A $500 booking deposit is due with the signed contract, with the remaining balance due one week before the principal date of photography. No part of the order, including proofs or previews, will be delivered until the balance is paid in full.
DIGITAL FILES: The Photographer shall allow the Client to download digital files from the appropriate gallery at www.joancusick.com. The Client agrees not to share the download password.
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. This license is non-transferable and does not include any commercial use, including advertising, or authorization that results in financial gain, including but not limited to sales of prints or other merchandise, stock photography, or resale of any nature.
EDITORIAL AND SOCIAL MEDIA USE: The Client may use digital image files to post online and/or fulfill editorial requests from media outlets. In the event of use in any 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 omits to do so.
INSURANCE AND PERMITS: The Photographer agrees to provide proof of liability insurance upon request. The Photographer also agrees to obtain necessary approvals and/or permits for photography locations agreed upon in advance, and to abide by stated rules for each location.
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.
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.
ALTERNATE PHOTOGRAPHER: In the event of illness or other unforeseen conflict, Joan Cusick Photography may substitute another photographer to fulfill terms of this agreement, subject to Client approval. In the event of such substitution, Joan Cusick Photography warrants that the substitute photographer shall perform agreed-upon services at the same rate and payment terms as originally estimated. In the event that the Client does not approve the proposed substitute photographer, this contract shall terminate.
PHOTOGRAPHER LIABILITY: If Joan Cusick Photography cannot perform this Agreement due to a fire or other casualty, strike, 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.