This is Chapter 8 Studio LLC's Terms of Service for Recreational Use that must be acknowledged and signed.
General Service Agreement
Deliverables
Chapter 8 Studio will perform the Services and deliver the final images (the "Deliverables") in such format as agreed upon with Client, within 3-4 weeks from day Premium Images selected for all general Luxury Services. If Chapter 8 Studio chooses to use proofs, Chapter 8 Studio shall coordinate the review of the proofs with Client in such a manner so as to make sure that the Deliverables are delivered within the time frames provided above. Production days are Wednesday through Friday unless an expedited request has been submitted and paid.
Expedited Deliverables. Deliverables are guaranteed within 1-2 weeks from the date of service at the expense of the client in the amount of a one time fee of $250.
Gift Cards
Chapter 8 Studio offers $100 gift cards for Luxury Branding Services that are booked (Estimate signed and Retainer Fee submitted) within 48 hours from the sent Estimate. Chapter 8 Studio offers $50 gift cards to General Luxury Photography Services that are booked (Estimate signed and Retainer Fee submitted) within 48 hours from the sent Estimate. Another $50 gift card opportunity is for eligible clients who submit a Video Review for Chapter 8 Studio. Eligible Clients are entered into a monthly drawing for the gift card. The Video Review must be submitted within 60 days from the date of service. All gift cards are issued once the full balance of service is paid. Discounted services, custom services and standard services under $1,000 and Luxury Headshots under $1,000 are not eligible for the Gift Card incentive.
Changes to Service
The Client may request additional or different services directly from Chapter 8 Studio (e.g., certain editing, color correction, etc.) at or before the time of the Appointment. Chapter 8 Studios compensation for such additional services must be handled directly with Chapter 8 Studio.
Cancellation, Reschedule, and No-Show
If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Chapter 8 Studio to render Services due to the fault of the Client or parties related to Client, such as failure of the session to occur or failure of one or more essential parties to show up in a timely manner, Client shall, provide notice to Chapter 8 Studio as soon as possible via the Notice provisions detailed in this Agreement. Client may reschedule session as Chapter 8 Studio permits according to the next available date and time Chapter 8 Studio’s calendar allows. Client is responsible for any additional costs needed to secure the alternative session date. Fees may vary by the cost of travel (flight and transportation), hotel, Luxury Home, and other unforeseen expense incurred due to rescheduling. Client is not relieved of any payment obligations for canceled Services, rescheduled Services, failing to show up for the photography, videography and consulting services, or should it become impossible for Chapter 8 Studio to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Chapter 8 Studio is able to secure another, unrelated client for Photography, Videography, Consulting Services, then Chapter 8 Studio may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.
Chapter 8 Studio's Obligations
Professional Services. Chapter 8 Studio shall be responsible for delivering:
(a) the Services in a timely and professional manner in a harassment-free and sanitary environment.
Inability To Keep the Appointment. If Chapter 8 Studio becomes ill or otherwise unable to keep the Appointment, Chapter 8 Studio may: (a) contact Client via the Site to reschedule the Appointment; (b) use commercially reasonable efforts to engage the services of a replacement Chapter 8 Studio who will appear at the Appointment. In addition, if Chapter 8 Studio has requested to reschedule but Client does not wish to reschedule the Appointment, the Appointment will be canceled and Client will receive a full refund of the Fees.
Inability to Finalize Services. If, after the Appointment, Chapter 8 Studio becomes ill or otherwise unable to finalize the Services deliver the Deliverables, Chapter 8 Studio may (a) use commercially reasonable efforts to engage the services of a replacement professional who will finalize the Services and deliver the Deliverables described in this Agreement; or (b) communicate an accurate date of completion.
Compromised Coverage; Capture.Chapter 8 Studio shall not b e responsible for compromised coverage due to causes beyond Chapter 8 Studio's control, including but not limited to disruptive behavior of any attendee, tardiness of Client or guests, schedule complications, incorrect addresses provided to Chapter 8 Studio, obstructive or reflective decorations, backgrounds or lighting conditions, restrictions of the locations or any of the force majeure events described in Section 14 below. In addition, Chapter 8 Studio shall not be responsible for failure to capture any part of an event, any individuals or any objects, unless Client specifically requests to capture certain portion of the event, certain individuals or objects and Chapter 8 Studio is provided an adequate opportunity to comply with such request.
Client's Obligations
Communications with Chapter 8 Studio. Client agrees to communicate promptly with Chapter 8 Studio, confirming and notifying of any changes in location or other issues in a timely manner.
Location Permits and Restrictions. If the Appointment is at a location that is not controlled by Chapter 8 Studio, Client shall secure all permits, entry credentials or passes, and take all actions necessary to ensure Chapter 8 Studio's access and ability to conduct a photoshoot. Negotiation with the officials for the location shall be Client’s responsibility; Chapter 8 Studio will offer technical recommendations only. Client agrees to accept the technical results of any location's restrictions on Chapter 8 Studio.
Work Environment
Chapter 8 Studio. Chapter 8 Studio reserves to right to terminate Services and leave the location of the Appointment if Chapter 8 Studio experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the Appointment or in the event that Chapter 8 Studio in good faith feels unsafe. If Chapter 8 Studio is unable to perform the Services due to Client's behavior and, therefore, cannot deliver the Deliverables, the Client will not be entitled to a refund. If, on the other hand, Chapter 8 Studio is able to perform the Services in whole or in part in spite of Client's behavior, Chapter 8 Studio must prepare and deliver the Deliverables to Client and has the right to give an unfavorable review to Client in connection with this Appointment.
Client. Client may leave the location of the Appointment if Chapter 8 Studio's behavior at the Appointment is inappropriate, threatening, hostile or offensive behavior or in the event that Client in good faith feels unsafe. If Chapter 8 Studio was not able to perform the Services (and would not be able to deliver the Deliverables) because Client left the Appointment due to Chapter 8 Studio's behavior, Client will be entitled to a refund. If Chapter 8 Studio was able to perform the Services in whole or in part in spite of Client's departure, Chapter 8 Studio must prepare and deliver the Deliverables to Client and, and Client has the right to give an unfavorable review to Chapter 8 Studio in connection with this Appointment.
Model Release
Client hereby assigns to Chapter 8 Studio the irrevocable and unrestricted right to use and publish photographs of depicting Client or Client's event, property and facilities for editorial, trade, advertising, educational and any other purpose and in any manner and medium, to alter the same without restriction, and to copyright the same without restriction. Client releases all claims to profits that may arise from the use of Client's images.
Client, on behalf of him/herself and, if acting as a parent/legal guardian, on behalf of his/her minor children, hereby assigns to Chapter 8 Studio the irrevocable and unrestricted right to use and publish photographs depicting Client or Client's event, Client's minor children, pets, property and facilities for editorial, trade, advertising, educational and any other purpose and in any manner and medium, to alter the same without restriction, and to copyright the same without restriction. Client releases all claims that may arise from the use of Client's images. Without limiting the generality of the foregoing, the Client specifically releases and discharges Chapter 8 Studio from any and all claims to profits, as well as any and all claims and demands for violation of any right of publicity or privacy. Client hereby warrants that Client is a legally competent adult and, if any minor(s) are depicted in the photographs, a parent or a legally appointed guardian of the minor(s), and that Client has every right to contract for the minor in the above regard.
Disputes
Client may submit a dispute regarding the Services by contacting Chapter 8 Studio within 7 days after the project is complete (and Client has received an email notice of the complete project) or Chapter 8 Studio’s no-show.
Indemnity
Indemnity by The Client. Client will indemnify, defend and hold Chapter 8 Studio harmless from and against all losses, arising from or related to any of the following: (a) Client's failure to comply with Section 6 (Intellectual Property Rights); and (b) any property or equipment damage, except to the extent caused by Chapter 8 Studio's recklessness.
Indemnity by Chapter 8 Studio. Chapter 8 Studio will indemnify, defend and hold Client harmless from and against any claim that the Deliverables infringe any other person's intellectual property rights unless the infringement relates to Client's breach of Section 7 (Restrictions) above.
Procedure; Waiver. The obligation of each party (the "Indemnitor") to indemnify the other party is conditioned upon that other party (a) giving the Indemnitor prompt written notice of the claim (except that any delay in giving notice will not limit the Indemnitor's obligations unless it has been prejudiced by the delay and then only to the extent of the prejudice); (b) tendering the defense and settlement of the Claim to the Indemnitor (and the Indemnitor will not settle any such Claim without the indemnified party's consent unless the settlement includes a full and complete release of all liability and does not include an admission of wrongdoing and does not impose any obligations on the indemnified party); and (c) cooperating with the Indemnitor in the defense of that Claim.
IF A CLIENT IS AN ENTITY, TO THE EXTENT NECESSARY TO INDEMNIFY AND HOLD Chapter 8 Studio HARMLESS FROM ANY CLAIMS BY ANY OF CLIENT'S EMPLOYEES, CLIENT EXPRESSLY WAIVES ANY IMMUNITY OR EXEMPTION FROM LIABILITY FOR THE PERSONAL INJURY OR DEATH OF CLIENT'S EMPLOYEES THAT MAY EXIST UNDER, OR ANY RIGHT TO RECEIVE CONTRIBUTION FROM Chapter 8 Studio, CREATED BY, THE WORKERS' COMPENSATION LAWS OF THE STATE WHERE THE INJURY OCCURS OR THE EMPLOYEE IS LOCATED. IF APPLICABLE LAW DOES NOT PERMIT CLIENT TO COMPLY WITH THIS PARAGRAPH, CLIENT WILL ADD Chapter 8 Studio AS AN ADDITIONAL NAMED INSURED UNDER CLIENT'S GENERAL COMMERCIAL LIABILITY POLICY.
Limitation of Liability
IN NO EVENT WILL Chapter 8 Studio BE LIABLE FOR ANY LOST PROFITS, LOSS OF USE, OR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES. In the unlikely event that digital files have been lost, stolen, or destroyed for any reason, including but not limited to a force majeure event or equipment malfunction, Chapter 8 Studio’s liability shall be limited to the return of the Fee for the lost digital files, prorated to total number of originals paid for by Client. Notwithstanding any provision in this Agreement to the contrary, in no event shall Chapter 8 Studio be liable for the loss of images beyond the cost of the final delivery of all products included in the package.
Force Majeure
Neither party will be liable for the delay or failure of performance of its obligations under this Agreement to the extent that delay or failure is caused by insurrection, war, terrorist attack, riot, explosion, nuclear incident, fire, flood, earthquake, severe weather or other catastrophic event beyond the reasonable control of the affected party, provided the affected party promptly notifies the other party and takes reasonable and expedient action to resume operations.
Governing Law; Jursidiction
The internal law of the state where Chapter 8 Studio resides (the "Chapter 8 Studio's State"), regardless of where the Services are delivered and without regard to Chapter 8 Studio's State’s conflicts of law provisions. The prevailing party in any suit, action or other proceeding will be entitled to recover its attorney fees and costs, including without limitation those incurred prior and at the proceeding and in any post judgment proceeding.
Artistic Release Clause
Style. Client has spent a satisfactory amount of time reviewing Chapter 8 Studio's work and has a reasonable expectation that Chapter 8 Studio will perform the Services in a similar manner and style unless otherwise specified to Chapter 8 Studio.
Consistency. Chapter 8 Studio will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Chapter 8 Studio current portfolio and Chapter 8 Studio will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
Every client and wedding is different, with different tastes, budgets, and needs;
Photography, Videography and Vision Consulting services are often a subjective art and Chapter 8 Studio has a unique vision, with an ever-evolving style and technique;
Chapter 8 Studio will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
Although Chapter 8 Studio will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Chapter 8 Studio shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with Chapter 8 Studio's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
Payment Terms
Estimate. A sent estimate alone does not establish an agreement between Chapter 8 Studio and the Client. However, once signed, the Client approves and agrees to the agreement with Chapter 8 Studio and is obligated to fulfill all payment requirements to Chapter 8 Studio to fully secure the booking with Chapter 8 Studio.
Retainer Fee. The first payment is a non-refundable retainer fee due to secure Chapter 8 Studio and calendar date. The retainer free of 40% of the contract balance, along with signed contract also initiates the contract agreement between Chapter 8 Studio and the client. At a minimum, Client agrees that the retainer fee fairly compensates Chapter 8 Studio for committing to provide the Services and turning down other potential projects/clients.
Payment. Payments submitted must be done as auto-debit payments. The Client must review and agree to the payment dates for the contract to go into full effect. Manual payments are optional with a 10% up-charge fee.
Late Payment Fee. A late fee of 5% of the total invoice amount will be assessed for payment received 1 day after the due date. After which the client will be charged 2.5% of the total invoice amount each day following for up to 7 days. If no payment is received after 7 days from the due date, the booking will be considered canceled and the client forfeits all money paid toward the session or event.
Late Arrival Fee. If more than 15 minutes late from start time, there will be a late fee of $100 that will be invoiced. The late fee must be paid before images are released. If you need to reschedule, you have the option of one free reschedule. Anytime after 30 minutes from scheduled start time, would be considered a "no show" where the client has the option to reschedule as business allows.
Late arrival due to the make-up artist or hairstylist schedule is not an exemption from the late fee. No refund will be given under any circumstance.
Change of Location. For location changes within 8 miles from the original location, a Change of Location Fee of $35. For location changes greater than 8 miles from the original location agreement, the client will be charged $55 that must be paid before the releasing of images. The client has up to 2 weeks to notify location changes before charged the change of location fee.
Additional Images. For packages that include limited images, additional images will be available for purchase of $35 per image with complete touch ups.
Proofs. If the client desires to obtain the proofs from the service done, the Client must pay a one time fee of $1,800 for packages that do not include proofs.
Luxury Homes Clause
Homes are not reserved unless minimum requirements to securing the contract agreement are met. Provider cannot guarantee a specific home without payment from the client. No smoking allowed on the properties. The client must notify Chapter 8 Studio with the number of guests that will be present for the shoot.
Consultations Disclaimer
Provider will be the primary point of contact for all consultant interactions. Consultations are strictly based on a strategic analysis and not a mental health diagnosis. Consultants are not therapists therefore they do not possess the credentials or knowledge to provide a psychological assessment. The results of this analysis are recommendation based therefore it is of the Client’s discretion to adhere to the suggested steps of implementation. Results are not guaranteed solely on the basis of this assessment and may vary based on unpredictable events and circumstances. Client understands that the consultants are not at fault based on misturned events and the consultants are relieved from all fault.
Intellectual Property Rights
Recreational Use Agreement
The Deliverables are protected by the U.S. Copyright Law and may not be used in any manner other than as stated in this Agreement. Chapter 8 Studio will own all copyrights in the Deliverables. Subject to Client's compliance with the terms of this Agreement, Client will have a perpetual, worldwide right to copy, distribute and publicly display the Photographs in any medium, subject to additional rights and restrictions as provided in the Copyright License (general use or commercial, as applicable) displayed on the Site for each type of service of Chapter 8 Studio. Client has the paid option of receiving ownership of the images.
Recreational Usage. Chapter 8 Studio, by default, grants to Client a recreational use of product(s) produced with and for Client for personal use only so long as Client provides Chapter 8 Studio with attribution each time Client uses Chapter 8 Studio's property. Personal use includes, but is not limited to, use within the following contexts:
In photos on Client’s personal social media pages or profiles; or
In personal creations, such as a scrapbook or personal gift; or
In personal communications, such as a family newsletter or email or holiday card.
Clients are prohibited from altering images under Recreational use that includes but not limited to composition, color correction, filter application, etc. If not the Client is not sure if any additional changes fall under these guidelines, they are to email Provider at support@chapter8studio.com. If the image has been altered with the Provider’s written permission, Client can be subject to legal penalties at the Provider’s discretion.
Restrictions
Client will not use or post any of the Deliverables in any way that exceeds the scope of Intellectual Property Rights above.
The Entire Agreement
This Agreement and any addenda hereto contain the entire understanding between Chapter 8 Studio and Client; provided, however, that this Agreement shall govern and supersede any provisions in the addenda inconsistent with the provisions in this Agreement. In addition, this Agreement supersedes all prior and simultaneous agreements between the parties. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this Agreement or any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.