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GOOD ROOM LLC

 

Terms of Service Agreement 

 

Terms of Service Agreement - Vacation Home Photography

 

These terms and agreement outline the policies and practices between Jacqueline Han ("Photographer") and you, (“Client”) regarding the provision of photography services in the state of California.

 

1. General Policies

  • Photography services are provided in accordance with these terms. Any changes to these terms will be communicated in writing by email or messaging and mutually agreed upon.

  • The Photographer operates independently. Third parties may not impose agency fees unless discussed and agreed upon with the Photographer in advance.

  • The Photographer will not be subject to non-compete clauses in any form.

 

2. Booking, Payment, and Cancellation

Booking and Payment

  • A booking is confirmed upon agreement of terms via email only.

  • A 30% Deposit is required to confirm that date(s) of services, made payable to GOOD ROOM LLC.

  • The balance is to be paid before or on the date of service or by the first day of service in the case of a multiple day event, made payable to GOOD ROOM LLC. 

  • Late fees of 2% per day shall be applied to overdue invoices. Deliverables will be subject to be on hold from the client until invoices are paid in full.

  • In case of rescheduling, the Photographer will make reasonable efforts to accommodate a new date, subject to availability, without additional charges if the request is made more than 4 weeks before the original session date.

 

Cancellation Policy

  •  Cancellations made:

○ 7 days or less before the scheduled session will be charged 100% of the agreed fee.

○ 2 weeks or less before the scheduled session will be charged 75% of the agreed fee.

○ 4 weeks or less before the scheduled session will be charged 50% of the agreed fee.

  •  Cancellations made more than 4 weeks before the scheduled session will not incur charges.

 

3. Copyright and Image Usage

  • All deliverables including images produced by the Photographer remain the Photographer’s intellectual property.

  • Clients are granted a license to use the images for personal, non-commercial purposes unless otherwise agreed upon in writing.

  • Images may not be altered, cropped, or edited without permission from the Photographer.

  • Images may not be shared unedited unless prior written permission by the Photographer. 

 

4. Photographer’s Use of Images

  • The Photographer reserves the right to use images for portfolio purposes, promotional content, competitions, and exhibitions.

  • If opting out of image use, the client may be subject to an additional fee for exclusive rights, which will be discussed and agreed upon prior to the session.

 

5. Client Responsibilities

  • Clients are responsible for providing accurate session details, including location and special requirements.

  • Necessary permissions, such as property releases or permits, must be secured by the client.

  • The Photographer is not responsible for issues arising from a lack of required property permissions.

  • Clients are responsible for ensuring that the property is photo ready, clean and presented in how the client wishes the images to be portrayed. 

  • All items, including seasonal items that the client does not want to be in the images must be removed on the day of the appointment. 

  • If possible, in post-shoot editing, items can be removed digitally for an additional $15 per image. 

6. Delivery of Images

  • Edited images will be delivered via an agreed upon timeline. Typically event timelines are within four (4) business days (not weekends) and can extend based on the number of deliverables the client and photographer has agreed upon. .

  • A 24 hour preview can be sent with 10 images for an additional $40 USD.

  • Images will be delivered via an online transfer service that will be available online for three (3) months. After this, it is the responsibility of the client to safekeep all images.

 

7. Limitations of Liability

  • While every effort is made to deliver high-quality images, the Photographer is not liable for circumstances beyond their control, such as equipment failure or unforeseen events.

  • The Photographer is not liable for disruptions due to weather conditions, acts of God, or other force majeure events. The photographer is to be paid in line with their cancellation policy.

  • In cases where services cannot be delivered, the Photographer’s liability is limited to the amount paid by the client.

  • Three (3) months after the delivery of the images, the Photographer retains the right to delete original files. It is the responsibility of the client to safekeep all delivered images and the photographer is not liable for any lost data past three (3) months.

 

8. Privacy and Data Protection

  • Personal data is handled in compliance with the California Consumer Privacy Act.

  • Client information is not shared with third parties without consent, except as required by law.

 

9. Governing Law

  • These terms are governed by the laws of the state of California. Any disputes will be resolved in the best possible manner under the terms of this agreement. If the dispute cannot be resolved in this manner, then it will be resolved in court of law of the state of California. 


 

10. License and Copyright 

  • All images produced by the Photographer are licensed under copyright. If an image is to be used for any commercial purposes or without the appropriate credit, a buyout of the image must be made. The buyout fee will be determined based on the intended use of the image.

  • The buyout fee will be determined based on the scope, duration, and intended commercial use of the image. Fees start at $150 USD and vary according to publication and presses.

 

11. Confirmation Clause

By booking photography services with Jacqueline Han, clients confirm that they have read,

understood, and agree to these terms and conditions in full.

                         

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