TERMS
PHOTOGRAPHY TERMS OF SERVICE
1. Booking Fee: The Client shall make a booking fee to retain the MKW Media, LLC to perform the services specified at the time of booking.
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2. Cancellation: If the Client shall cancel this Agreement more than six (6) calendar days before the photo shooting day, any booking fee paid to MKW Media, LLC shall be refunded in full if MKW Media, LLC is able to re-book the same date. If MKW Media, LLC is not able to secure another client for the date, or if the cancellation occurs less than six (6) calendar days before the portrait date, the Client forfeits the booking fee.
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3. Photographic Materials and Copyright: All photographic materials, such as original negatives, photos, or slides, shall be the exclusive property of MKW Media, LLC. MKW Media, LLC shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent.
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4. Client’s Usage: The Client is obtaining photographs for personal use only, and shall not sell said photographs or authorize any reproductions thereof by parties other than MKW Media, LLC. If Client is obtaining a print for reproduction, MKW Media, LLC authorizes Client to reproduce the print only as set forth under Special Usage Requirements. In such event, Client shall request that a copyright and credit notice for MKW Media, LLC be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.
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5. Social Media: This clause applies to all social media, including Facebook, Instagram and blogs. When published online it is required that citation of MKW Media, LLC be made. The client agrees that they will under no circumstances alter any photographs that are placed in public on the internet. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of the forced cropping for Facebook’s / Instagram’s Timeline), altered in color, or edited in any way.
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6. Failure to Perform: If MKW Media, LLC cannot perform this Agreement due to a fire or other casualty, strike, or other cause beyond the control of the parties, or due to MKW Media, LLC’s illness, then MKW Media, LLC shall return any funds previously paid to the Client but 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 malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of MKW Media, LLC. In the event MKW Media, LLC fails to perform for any other reason, MKW Media, LLC shall not be liable for any amount in excess of the cost of the Client’s order.
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7. High-Resolution: Images deliverable in High-Resolution (or known as High-Res) are 300DPI with 3000 Pixels in the longest edge.
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8. MKW Media, LLC keeps client files for 90 days after the photography session, and is not liable for any claims after this period. All client files will be deleted and backups will be purged after this period.
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9. Liability: It is client’s responsibility to take care of their children; MKW Media, LLC will not accept any responsibility due to any accident to children or damage to public or private properties during the photo shooting or consultation session.
10. It is understood that no other MKW Media, LLC, amateur or professional, shall be allowed to photograph at the venue (wedding, portrait, family photography , etc.) while MKW Media, LLC is working, and that any breach of this agreement will constitute a reason for non- completion of the job with no liability to MKW Media, LLC and loss of booking fee by the client.
11. Client accepts that all photographs will be taken and edited at MKW Media, LLC’s discretion based on MKW Media, LLC’s experience and artistic view. If the client has special requests, client shall create a “shot list” of all shots that they require.
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12. All deliverable images as per contract will have standard image editing (including: light skin retouch, light and color adjustments). Any extra edits requested by the client will cost the client $25 per image if accepted by MKW Media, LLC. Extra image adjustments include (change the size of the body or parts of the body, replace parts of the body from another image, change the color of parts of the body, extra skin retouch, replace or swap background). It is also understood that MKW Media, LLC is not responsible for fixing hair or skin, or makeup problems.
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13. It is understood that MKW Media, LLC is not responsible to fix photos to cover parts of your body that you do not wish to be seen in the photo, unless it was confirmed with MKW Media, LLC in writing.
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14. MKW Media, LLC(s) will be allowed one 20 minutes break at their own discretion, and bathroom breaks when necessary. Each MKW Media, LLC photographer will be provided a full guest meal for any photography session lasting longer than 5 hours. If no meal is provided, MKW Media, LLC reserves the right to go off-site for a meal for 45 minutes.
15. It is understood that it is clients responsibility to inform MKW Media, LLC by email for any date or location changes (including but not limited to wedding dates, baby delivery for birth or hospital photography). MKW Media, LLC is not liable for any claims for messages sent by mobile text messages or social network websites.
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16. Photo Cooperation: In the event that the family/guests are taking photos, MKW Media, LLC is not responsible for obstructed photos or photos ruined due to separate flashes going off or due to any other behavior from guests. MKW Media, LLC is not responsible for obstructed or ruined photos due to activities by other vendors and venue staff.
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17. All communications with MKW Media, LLC shall be made in English and in writing (Mail or Email).
VIDEOGRAPHY TERMS OF SERVICE
1. Introduction: A contract is formed between a customer (referred to as the “Customer”) and MKW Media, LLC (referred to as the “Company”) when an Order is received from the Customer. An Order may be in written or electronic form. The Product or Service shall mean any product or service that is provided by the Company to the Customer. These conditions do not affect your statutory rights.
2. Supply: The Company agrees to supply the product(s) or service(s) to the Customer as detailed in the Order and according to the terms and conditions of this contract.
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3. Rights Reserved: Should the Company choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Company’s rights. By providing the Company with an Order, the Customer accepts these terms and conditions.
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4. Payment: The Company shall issue an invoice to the Customer in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. The goods or services shall remain with the Company until full payment has been received, unless otherwise stipulated in the Order.
5. Health & Safety: The Company and Customer will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s).
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6. Creative Brief: Unless otherwise agreed, the Customer accepts the Company’s decisions on creativity within the product(s) or service(s).
7. Booking Fee / Cancellation: The Client shall make a booking fee to retain the MKW Media, LLC to perform the services specified at the time of booking. If the Client shall cancel this Agreement more than six (6) calendar days before the video shooting day, any booking fee paid to MKW Media, LLC shall be refunded in full if MKW Media, LLC is able to re-book the same date. If MKW Media, LLC is not able to secure another client for the date, or if the cancellation occurs less than six (6) calendar days before the portrait date, the Client forfeits the booking fee.
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8. Liability: The Company accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of the Company being unable to supply the product(s) or service(s) as specified in the Order, liability shall be limited to the total invoice value – or monies already paid by the Customer.
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9. Copyright: Unless otherwise stated in the Order, the Company retains copyright in all their Original Material. Original Material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Customer in relation to the Order. The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to the Company to enable them to deliver the product(s) or service(s). The Customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. The Company retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Order. The Customer agrees to indemnify the Company in the event of any breach of copyright claims being brought against the Company in respect of material supplied by the Customer.
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10. Venue Permissions: The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of the Company supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection.
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11. Complaints Procedure: In the unlikely event of a complaint regarding the supply of product(s) or service(s), the Company will make its best effort to create a satisfactory solution. Any complaint regarding the product or service must be communicated in writing within 30 days of delivery.
12. Care and Damage to client property: While every care is taken in the handling of the Customer’s property, the Company accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances while they are in the custody of the Company. Liability for such loss or damage will be limited to the replacement cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the content.
13. Right of Assignment: The Company retains the right to assign the supply of the product(s) or service(s) to the Customer to another suitable company should they be unable to complete these terms and conditions.
14. Expenses: The Company retains the right to charge out-of-pocket expenses incurred in providing the product(s) or service(s) – subject to being able to provide the Customer with proof of expenditure. All out-of-pocket expenses will be charged at cost.
15. Confidentiality: Unless otherwise agreed, the Company will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Customer shall keep confidential any methodologies and technology used by the Company to supply of the product(s) or service(s).
16. Territory: These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of the United States.