Terms and Conditions - joancusick

Terms and Conditions

All photos on this site are the copyright of Joan Cusick or affiliated photographers. The following is an excerpt of standard terms and conditions:

COPYRIGHT AND USAGE: Joan Cusick and affiliated photographers shall own copyright, trademark, trade name, service mark, right, title, interest, and ownership in all photographs, recordings, text, and other assets created by each respective individual. Joan Cusick Photography shall retain the right to use and publish images to further promote its services, including the Photographer’s website, social media accounts, exhibits, advertisement, and other promotional use. The Photographer shall provide editing, design, and other creative services only for images created by Joan Cusick Photography.

CLIENT USAGE RIGHTS: The Photographer grants to the Client a limited, non-exclusive license for non-commercial use of images. The Client shall have the right to obtain prints and/or merchandise for personal use only. This license is non-transferable and does not include any Client use or authorization that results in financial gain, including but not limited to stock photography, sales of prints or other merchandise, or resale of any nature.

DIGITAL FILES: The Photographer shall allow the Client only to download select digital files from the appropriate gallery at www.joancusick.com. The Client agrees not to share the download password.

ROLES AND RESPONSIBILITIES: The Photographer is responsible for taking, selecting, editing, and posting photographs of the event. The Client is responsible for providing on-site assistance in obtaining the desired photographs. Client duties may include, but are not limited to: informing the Photographer of times and locations for activities; designating and guiding the Photographer to persons and/or scenes to be photographed; posing for photographs at the Photographer's direction; and requesting that individuals cooperate while the Photographer is taking requested photos. The Photographer shall not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or cooperation.

INSURANCE AND PERMITS: The Photographer agrees to provide proof of liability insurance and to obtain necessary approvals and/or permits for agreed-upon photography locations.

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

EDITORIAL USE: The Client and/or the Photographer may use digital image files to fulfill editorial requests from recognized media outlets. In the event of editorial use, the Client shall request that a credit for “Photo by Joan Cusick” be placed adjacent to the photograph on publication, but shall have no liability if the media outlet refuses or omits to do so.

PHOTOGRAPHER LIABILITY: If Joan Cusick Photography cannot perform contracted services 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.

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