Your Agreement with Jon M Photography, LLC.
Welcome to this Jon M Photography, LLC. website. Following are the terms and conditions that govern your use of this site.
“The Photographer” is Jon M Photography. “The Client” is any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Acceptance of Terms and Conditions:
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
The content and images used on this website are the property of and copyright of Jon M Photographys. Certain images may be utilized on other websites under the control of the photographer and/or Jon M Photography. No images or content may be copied, duplicated or otherwise taken from the website without express written permission from Jon M Photography and/or the creator of the work.
a. For all non-account Clients, payment for all products and services provided by the Photographer must be made on or before the day of the job.
b. For authorized account holders, payment of the Photographer’s invoice must be made within 30 days of the date of that invoice. The Photographer reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Photographer’s invoice(s) within 30 days.
c. A deposit of 30% of the total amount of the contract may be expected for scheduled events. The deposit will be at the discretion of the Photographer at the time of contract signing and is usually necessary for events that are scheduled some time out.
d. The photographer reserves the right to charge interest on all overdue invoices at a rate of 3%
Retention of Title:
The Photographer reserves the right to retain all of the Client’s materials in his posshoot until all monies owed to the Photographer have been paid in full. Furthermore, the license to reproduce images created by the Photographer will also be revoked until payment has been made.
Payment for services is due upon on the date of the work.
Example: A photographer is assigned to a project and arrives at your location to perform work as agreed. Upon or before arrival payment is due. Payment can be made by check or other means agreed prior to the shoot.
a. Booking Days: The Photographer may be booked by the Day.
The photographer may make additional charges should an assignment overrun which is beyond the control of the Photographer
(e.g. including but not limited to, the Client requesting additional photographs over and above the Client’s original brief etc).
The Client shall be responsible for the behavior of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Client’s behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described above of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.
Delivery of Products and Services:
The supply of products and services are provided by the Photographer on a best endeavors basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavors to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
Prices & Terms:
a. All prices shown within the Photographer’s price list are subject to change without prior notice.
b. The Photographer reserves the right to amend these Terms and Conditions without prior notice.
In accordance with the United States Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. Jon M Photography retains all copyright benefit for all images created by our photographers forever. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorization, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms. This means, if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image at the current market rate as determined by the use at the time.
Example #1: You send a magazine an image created by a photographer from Jon M Photography, the magazine pays you for the image. You owe Jon M Photography 100% of that payment + liquidated damages, on demand.
Example #2: You send an image created by a photographer from Jon M Photography to a commercial web-site for sale to the public or for other financial gain. You owe Jon M Photography 100% + liquidated damages of any and all income derived from use of that image.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. All we ask is a simple copyright statement be placed near or on the image, and notification of use is communicated to Jon M Photography. Non-commercial uses include personal web pages, and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, any other use that would be considered as commercial or financially beneficial to the user.
The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
The above conditions and terms constitute the full conditions and terms of any work agreement made between you (client) and Jon M Photography or any photographer assigned to you by Jon M Photography. By signing a contract for services, you agree to these terms, and agree to indemnify and hold harmless Jon M Photography, their agents and the heirs or assigns.