Terms and conditions
AGREEMENT TERMS & CONDITIONS PAYMENT ARRANGEMENT: The Client will pay Mercy Creations the total session fee specified and any purchase of photographic, videographic and graphic design products. A minimum payment of 50% of session cost is due after the acquaintance/intake. This portion is deducted from the total and is non refundable. The remaining balance is due on the date of the delivery of the product (video(s), photo(s), graphic design(s). Mercy Creations will send electronic invoices for deposits and final payments to be paid online. You have 24 hours to pay the deposit before your date is released for other possible sessions/projects.
CANCELLATION/POSTPONEMENT: The client understands that by entering into this agreement, Mercy Creations is foregoing other photographic, videographic and graphic design jobs. In the event of a cancellation or postponement of the session/agreement by the client, the deposit session fees paid are non-refundable. Retainers are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is appreciated. If it is not possible for a session to take place on a scheduled day due to weather, Mercy Creations and the client will reschedule on an agreed date at the earliest date possible, with no additional charge.
COOPERATION/NO SHOWS: Mercy Creations is not responsible if the client and/or key individuals fail to appear or cooperate during photo sessions, film sessions, meetings or for missed images/footage due to details not revealed to Mercy Creations. Camera’s from Mercy Creations are the only camera allowed at the photo session and film session because of the distraction it causes, and hinders Mercy Creations ability to obtain quality shots. Only after consultation a camera that is from Mercy Creations can be allowed during the photo session or video session. The session can be rescheduled as Mercy Creations schedule allows.
RE-SHOOTS: In the unlikely event that the client is completely dissatisfied with the final results, Mercy Creations will re-shoot or re-design the session at no additional charge one time. The re-shoot or re-design must be requested in a timely manner, within 30 days of the original delivery date. The client is then able to only use the delivery/deliveries from the second photo session/video session/graphic design(s). If the client should be unsatisfied with the results of the second session, all monies paid will be refunded and the Client will not retain any of the images. Mercy Creations will still have all rights to the Images of the session as set forth in this Agreement.
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IMAGE STORAGE: Images will remain on file for half a year from the date of the portrait session. It is highly recommended that the client backs up any digital images on another media format other than a USB and/or DVD. Mercy Creations cannot be held responsible for the failure of USB and/or DVD due to mishandling. It is the client’s responsibility to keep several copies of any CDs/DVDs in more than one location, and back the images up on another format such as a hard drive. Once the images, the videos, the animations or the graphic designs are in the hands and/or emailed to the client, it is the client’s responsibility to save the images. Backing up your images, graphic designs and videos is very important.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Mercy Creations. In exchange for services provided, the designer, photographer or videographer retain the exclusive right to copy, edit and distribute any/all image, designs and videos created under this agreement, to the general public, for any reason, including but not limited to: advertising, social media, marketing, sales, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. Mercy Creations retains these rights even if image files are turned over to the Client. The RAW/unedited images and videos remain sole property of Mercy Creations and will never be given or sold. The Copyright Act protects photographers, graphic designers and videographers by giving the creator of the content the exclusive rights to copy, edit and distribute the image, design or video by sale or transfer. These exclusive rights make it illegal to copy, scan, edit or share photographs, videos, films and digital media without Mercy Creations permission. Violators of this Federal Law will be subject to its civil and criminal penalties. The images that are being provided to you are licensed to you for any reason personal, including but not limited to: printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. Mercy Creations may revoke this license at any time and for any reason. Mercy Creations retains all copyrights to the images, videos, graphic designs and derivative works thereof. If you are posting any of the digital files to social media (Facebook, Twitter, Pinterest, Instagram etc.) OR if you share or use any digital files from either Facebook or my website, you may not alter the image in any way (no words or filters added) and it is preferred that credit is mentioned to Mercy Creations.
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EXHIBITION: The client grants Mercy Creations permission to display selected photos, videos and graphic designs resulting from this assignment as an example of the photographer’s, graphic designer’s or videographer’s work and for entrance into photographic competitions, graphic design competitions and videographic competitions and releases all claims to profits that may arise from use of images.
LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, editing, and transportation of digital captures, photos, videos and graphic designs. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Mercy creations control, Mercy Creations liability is limited to the refund of all payments received for these projects, or a re-shoot or re-design can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Mercy Creations is injured or becomes too ill to attend the meeting, photo session, video session or design session, Mercy Creations will make every effort to reschedule to the earliest possible date. If the situation should occur, and the session must take place on the scheduled date, Mercy Creations will make every effort to secure a replacement photographer/videographer/graphic designer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received. In the unlikely event of a total photographic failure/graphic design failure/video failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
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INDEMNIFICATION:
1 - Mercy Creations and the client agree that Mercy Creations is in no obligation
to capture any specific moment, or pose, or person(s) during the shoot.
2 – If Mercy Creations is unable to perform the services in this contract for any
cause outside its control, client agrees to indemnify Mercy Creations for any damage, loss, liability; however, Mercy Creations will return in full all payments made by the client to Mercy Creations in relation to this photo or video shoot.
3 – The client agrees to indemnify and hold harmless Mercy Creations for any
liability, damage, or loss related to technological failure, including data loss.
4 – The client understands and agrees that Mercy Creations is not required to
maintain copies of the photos, videos and designs from this shoot more than sixty (60) days after the photos, videos or designs have been delivered to client.
5 – The client agrees to hold Mercy Creations harmless for any personal injury,
which may occur as the client poses or works with Mercy Creations.
6 – Mercy Creations will strive to present photos in a workmanlike manner but is
not required to cater to specific aesthetic preferences of the client.
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CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Mercy Creations service on the shooting day(s), provided Mercy Creations is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related retainers will be added on to the final balance and will be paid in full by the client prior to delivery of the deliverables. The client may not decrease the period of Mercy Creations service on the portrait date. If the period of Mercy Creations service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Mercy Creations shall still receive the total retainers outlined in this Contract.
INDEPENDENT CONTRACTOR: This Contract is not to be construed as an employment agreement in any way Mercy Creations functions as an independent contractor.
COPYRIGHT
It is not allowed to modify content from the gallery (eg. by removing the logo) according to the Copyright Act No. 121/2000 Coll. without the consent of the photographer/videographer/graphic designer (Mercy Creations). They are owned by the photographer/videographer/graphic designer (Mercy Creations) and are intended only for the selection of content for editing, retouching and post-production. All content are copyright and property of the photographer/videographer/graphic designer (Mercy Creations) and may not be used for any commercial purpose, promotion or sale to a third party without the written consent of the author (Mercy Creations). Photographed/videographed persons may use photos and videos for their non-commercial personal presentation. The photographed or videographed person is not entitled to publish or otherwise use the content without the prior consent of the client and photographer/videographer/graphic designer (Mercy Creations). This consent must be given to the photographer/videographer/graphic designer (Mercy Creations) in writing by e-mail.
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IMAGE/PHOTO/VIDEO/LOGO/DESIGN/CONTENT RELEASE: Client grants to Mercy Creations and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish media created by Mercy Creations for the client, or in which the client may be included for editorial, trade, social media/website, marketing, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases Mercy Creations and their legal representatives and assigns from all claims and liability relating to said photographs/videos and designs.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Mercy Creations and the client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for deliverables like photos, videos/films or designs by Mercy Creations. When the client places an order through Mercy Creations’ website, social media, whatsapp, e-mail or in real life, the client agrees to this agreement. At the time this contract takes effect, Mercy Creations shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that the client cancels the contract for any reason, all monies paid shall be retained by Mercy Creations in order to offset its loss of business. The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.
