Invoice TermsSteve Kubik Photography LLC
PAYMENTS: Client agrees to pay Photographer the total enclosed amount as indicated on the order form. Once the photographs have been taken, no refunds will be provided.
LIABILITY LIMITS: Although Photographer shall take due care to perform photography services pursuant to this Agreement, Photographer’s liability for any loss, damage, or failure to deliver photographs (including for acts of God, terrorism, accident, illness, equipment failure, or any incident of unpredictable misfortune) shall be limited to Payments made pursuant to this Agreement.
SUBSTITUTE PHOTOGRAPHER: Photographer may substitute another photographer to take the photographs pursuant to this Agreement in the event of Photographer’s illness or other emergencies. A substitute photographer may also be used in situations where the number of players to photograph in one session exceeds the ability to maintain the photographer’s quality standards. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
COPYRIGHT: As the author of all photographs made pursuant to this Agreement and as provided by law, Photographer retains the copyright in and to the photographs. The parties agree that the photographs are not works made for hire in accordance with 17 U.S.C. § 101, and that Photographer retains those exclusive rights in the photographs provided by 17 U.S.C. § 106, including the rights to reproduce the copyrighted work, prepare derivative works based on the copyrighted work, distribute copies of the copyrighted work to the public, and display the work.
CLIENT’S USE OF PHOTOGRAPHS: Client may use the photographs taken pursuant to this Agreement for personal, non-commercial purposes, including display on personal web sites and copies for family and friends, if, when customary, credit is given to Photographer as “© Steve Kubik Photography”. Client agrees to not permit or assist with any commercial use or sale of the photographs without specific written consent of Photographer.
MODEL RELEASE: Client grants Photographer and Photographer’s heirs, legal representatives, and assigns the irrevocable, perpetual, and unrestricted right to use the photographs taken pursuant to this Agreement in all forms, media and manners, in conjunction with Client’s own or a fictitious name, for advertising, trade, promotion, exhibition, or any other lawful purposes. Client now and in the future waives any right to review or approve: the photographs themselves, the use of the photographs, or the matter that may be used in conjunction with the photographs. Client waives any right to royalties or other compensation arising from or related to the use of the photographs. Client releases, discharges, and agrees to hold harmless Photographer and Photographer’s heirs, legal representatives, and assigns from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking, processing, or publication of the photographs.
RETENTION OF PHOTOGRAPHS: Photographer will retain copies of the photographs taken pursuant to this Agreement for at least 12 months after the action shot session.
JURISDICTION AND ARBITRATION: The laws of West Virginia govern this Agreement without regard to conflicts of law provisions. Client consents to the exclusive jurisdiction of the state and federal courts sitting in the state of West Virginia. All unresolved disputes arising under this Agreement shall be submitted to arbitration in West Virginia. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $5,000.
MISCELLANEOUS: This Agreement incorporates the entire understanding of the parties. Any modifications to this Agreement must be in writing and signed by all parties. If any provision of this Agreement is held to be invalid or unenforceable by law, the validity of this Agreement in whole shall not be affected, and the other provisions of the Agreement shall remain in full force and effect. No waiver of any breach of any term or provision of this Agreement shall be construed to be, or shall be, a waiver of any other breach of this Agreement. No waiver shall be binding unless in writing and signed by the party or parties waiving the breach. The paragraph, section, and article headings used in this Agreement are intended solely for convenience and reference and shall not in any manner amend, limit, modify, or otherwise be used in the interpretation of any of the provisions of this Agreement.