Terms and Conditions

PHOTOGRAPHY AND VIDEOGRAPHY TERMS AND CONDITIONS

When booking a session, you agree to these terms of service upon paying your booking retainer fee. Any

trade work agreed to by the photographer and another vendor is still subject to these terms and

conditions.

DEFINITIONS:

This Agreement is between Pure Venture Media (“Photographer/Videographer”) and [You] (“Client”) which

includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal

authority to enter into this Agreement on behalf of its employer, company or organization.

Photographer/Videographer’s relationship with Client is that of an independent contractor.

“Image(s)” means the photographic material, whether still or moving, created by

Photographer/Videographer pursuant to this Agreement and includes, but is not limited to, transparencies,

negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of

analogue, photographic, optical, electronic, magnetic, digital, or any other, media.

USAGE RIGHTS AND OWNERSHIP:

Client acknowledges that Photographer/Videographer is the Author of the Image(s) and also the first and

sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive

property of Photographer/Videographer without limitation. All usage rights to the Image(s) specifically

granted by Photographer/Videographer to Client shall be on a separate written Agreement.

IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.

Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the

Image(s) as specified on this Agreement. Note that buying the copyright to the Image(s) will always be

much more expensive than any licensing fee.

The term of license begins from the date Photographer/Videographer receives full payment of invoice and

upon delivery of images.

Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and

non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service

mark.

The use of any Image(s) by Client will not constitute a work of joint authorship.

Copyright metadata contained within any digital file may not be altered, or removed, without the express

consent of Photographer/Videographer.

Unless otherwise agreed, Photographer retains the right to use the Image(s) for his self-promotion.

PHOTOGRAPHIC INTEGRITY AND ALTERATIONS:

Client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions,

or adaptations, with respect to the Image(s), alone or with any other material, without the prior express

permission of Photographer/Videographer.

GENERAL LIABILITY AND RELEASES:

Photographer/Videographer will take all reasonable care in the production of the Image(s) and the

performance of this agreement. But Photographer/Videographer will not be liable for any loss, damages,

or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).

Client will indemnify, defend, and hold harmless Photographer/Videographer, his contractors, and his

representatives, against any and all claims, liabilities, damages, costs, and expenses, including

reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).

Photographer/Videographer is not responsible for obtaining model, property, trademark, copyright, or any

other releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s

responsibility to obtain all necessary permissions for any Image use that requires a release or other

consents.

Should Photographer/Videographer agree to deliver any releases, it is Client’s responsibility to determine

whether such releases are suitable for Client’s purposes. Photographer gives no warranty or guarantee

as to the legal validity of any release.

WAIVER AND RELEASE OF LIABILITY

In consideration of the risk of injury that exists while participating in the photo and/or video session

(hereinafter the “Activity”) and

In consideration of client’s desire to participate in said activity and being given the right to participate in

same;

Client hereby, for themself, their heirs, executors, administrators, assigns, or personal representatives

(hereinafter, “Releasor,” “client” which terms shall also include Realeasor’s parents or guardian if

Releasor in under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF

LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of clients

participation in the Activity; and

Client hereby releases and forever discharge PURE VENTURE MEDIA, located in Daytona Beach,

Florida, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives,

predecessors, successors and assigns (collectively “Releases”), from any physical or psychological injury

that client may suffer as a direct result of client’s participation in the aforementioned Activity.

Client is voluntarily participating in the Activity and client is participating in the Activity entirely at their own

risk. Client is aware of the risks associated with participating in this Activity, which may include, but are

not limited to: physical or psychological injury, pain, suffering, illness, disfigurement, temporary or

permanent disability (including paralysis), economic or emotional loss, and death. Client understands that

these injuries or outcomes may arise from their own or others’ negligence, conditions related to travel to

and from the Activity, or from conditions at the Activity location(s). Nonetheless, the client assumes all

related risks, both known and unknown to the client, of clients participation in this Activity.

Client further agrees to indemnify, defend and hold harmless the Releases against any and all claims,

suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by client

or anyone on client’s behalf, including attorney’s fees and related costs.

Client further acknowledges that Releases are not responsible for errors, omissions, acts or failures to act

of any party or entity conducting a specific event or activity on behalf of Releases. In the event that the

client should require medical care or treatment, client authorizes Pure Venture Media to provide all

emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs,

emergency medical transport, and sharing of medical information with medical personnel. Client further

agrees to assume all costs involved and agrees to be financially responsible for any costs incurred as a

result of such treatment. Client is aware and understands that they should carry their own health

insurance.

Client further acknowledges that this Activity may involve a test of a person's physical and mental limits

and may carry with it the potential for death, serious injury, and property loss. Client agrees not to

participate in the Activity unless they are medically able and properly trained, and agree to abide by the

decision of the Pure Venture Media official or agent, regarding my approval to participate in the Activity.

Client hereby acknowledges that they have carefully read this “WAIVER AND RELEASE” and fully

understand that it is a release of liability. Client expressly agrees to release and discharge Pure Venture

Media and all of its affiliates, mangers, members, agents, attorneys, staff, volunteers, heirs,

representatives, predecessors, successors and assigns, from any and all claims or causes of action and

client agrees to voluntarily give up or waive any right that they otherwise have to bring a legal action

against Pure Venture Media for personal injury or property damage.

To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is

also for such negligence on the part of Pure Venture Media, its agents, and employees.

Client agrees that this Release shall be governed for all purposes by Florida Law, any other state, and

country, without regard to any conflict of law principles. This Release supersedes any and all previous

oral or written promises or agreements.

In the event that any damage to equipment or facilities occurs as a result of client’s or client’s family’s or

agent’s willful actions, neglect or recklessness, client acknowledges and agrees to be held liable for any

and all costs associated with any such actions of neglect or recklessness.

This Waiver and Release of Liability shall remain in effect for the duration of my participation in the

Activity, during this initial and all subsequent events or participation.

This agreement was entered into without duress or coercion, and is to be interpreted as an agreement

between two parties of equal bargaining strength. Both the client and Photographer/Videographer/Pure

Venture Media agree that this agreement is clear and unambiguous as to its terms, and that no other

evidence shall be used or admitted to alter ot explain the terms of this agreement, but that it will be

interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable

or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful

or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court

should find that any provision of the agreement to be invalid or unenforceable, but that by limiting said

provision it will become valid and enforceable, then said provision shall be deemed to be written,

construed and enforced as so limited.

By clicking that you agree to the terms and conditions and waiver or liability the client affirms that they are

of the age of 18 years or older, and that they are freely agreeing to this agreement.

In any event, Photographer/Videographer has the right to charge the client(s) for any damages to

equipment(s), and physical damage to self or session settings.

PAYMENT:

Time is of the essence for receipt of full payment under this Agreement.

NO RIGHTS ARE GRANTED UNTIL PHOTOGRAPHER/VIDEOGRAPHER HAS RECEIVED FULL

PAYMENT, INCLUDING, IF APPLICABLE, ANY LATE-PAYMENT CHARGES.

UNLESS OTHERWISE AGREED, THE USE OF ANY IMAGE(S) PRIOR TO FULL PAYMENT WILL BE

CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND

STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR SUCH AN UNAUTHORIZED

USE WILL BE DOUBLE THE INVOICE TOTAL.

Where usage rights before full payment are granted, Photographer/Videographer reserves the right to

rescind any such usage rights if Client fails to make timely payment.

All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of

invoice receipt.

Photographer/Videographer does not provide any receipts to Client. Photographer/Videographer’s invoice

will serve as Client’s receipt for work performed and services rendered. Bank transfer fees and credit card

fees are the responsibility of the Client.

CREDIT LINE and COPYRIGHT NOTICE:

Placement of a credit line or copyright notice is required when posting the images on the internet. If a

credit line or copyright notice is required but not actually provided, Client agrees that the amount of

DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to

Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an

improper, copyright notice or credit line.

CANCELLATIONS AND POSTPONEMENTS:

A 50% retainer fee is due to hold your session date. This fee is non-refundable. The remaining balance

is due the date of your session. If you cancel your retainer is forfeited and may not be applied to another

session. If you do not cancel and the photographer arrives at the location of the session you will be

responsible for paying the remaining 50% balance.

RESHOOTS:

If Client requires a reshoot, Client will pay Photographer/Videographer an additional fee of one hundred

percent of the fee stated in the quote or invoice for the original shoot, plus all expenses for the reshoot.

If a reshoot is required due to factors beyond the control of Photographer/Videographer, including but not

limited to, weather conditions, or acts of God, Photographer/Videographer will not charge an additional

fee and Client agrees to pay all expenses for the reshoot.

FAILURE TO PERFORM:

If Photographer/Videographer is unable to supply his photographic services due to illness, mechanical

breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt

to procure the services of another professional photographer to fulfill his obligations. If that does not

succeed, Photographer will return any fees paid by Client and will have no further liability with respect to

this Agreement, and Photographer will not be responsible or liable for any other damages beyond the

amount of this Agreement.

This limitation of liability will also apply in the event that any Image is lost or damaged through equipment

malfunction, or otherwise, without the fault of Photographer/Videographer.

KILL FEE:

Provided that Photographer/Videographer has executed the photography and/or videography assignment

in a professional and competent manner, Client agrees to pay Photographer/Videographer all fees and

expenses in connection with said assignment, whether or not Client uses any Image(s).

ARCHIVING DIGITAL FILES:

While Photographer/Videographer may choose to archive the Image(s), it is Client’s responsibility to

properly store and archive the Image(s) for the duration of the term of license.

Photographer/Videographer cannot guarantee the availability of any Image(s) beyond the date of first

delivery to Client.

Client is aware that optical, magnetic, electronic, and any other media for storing digital data are

inherently unstable. Client hereby releases Photographer/Videographer and his contractors, and

representatives, from any liability for any claims, damages, or costs, arising from any media supplied by

Photographer/Videographer becoming unusable.

All digital files created by, or on behalf of, Client that contain any Image(s) will be deleted or destroyed

within ten days after the expiration date of license.

Any requests for the photographer/Videographer to reproduce images that were already delivered will

incur a $100 processing fee.

DIGITAL FILE QUALITY:

Photographer/Videographer is committed to providing high quality services. Unless otherwise specified,

Photographer/Videographer may deliver, and Client agrees to accept, the Image(s) encoded in an

industry-standard data format that Photographer/Videographer may select, at a resolution that

Photographer/Videographer determines will be suitable to the reproduction technology and use(s) for

which the Image(s) is licensed.

Photographer/Videographer uses cameras and monitors that are color calibrated to industry standards.

But due to variances in other monitors, software and computer platforms, the Image(s) may display

differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be

adjusted for pleasing tonalities.

It is the Client's responsibility to verify that the digital data, including color profile, if provided, are suitable

for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to

ensure correct reproduction. If the data are not deemed suitable, Photographer/Videographer’s sole

obligation will be to replace or repair the data, but in no event will Photographer/Videographer be liable for

poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or

indirectly, from defects or errors in digital files or their use.

All editing is done at the photographer/Videographer’s discretion. The Photographer/Videographer

reserves the right to refuse any additional edits requested. Some images may only be produced in color

or black and white at the artists discretion. If the client(s) wish to request additional editing of images this

is done at a separate fee starting at $50 per image.

SESSION TERMS:

Sessions will be conducted at a location agreed upon by the photographer/Videographer. The

photographer/Videographer will not trespass or use any property/locations that are considered unlawful to

do so. The photographer/Videographer is bound by any rules stated for the property or location. If the

Client wishes to shoot on private property it is the Clients soul responsibility to get authorization from the

owner of the property. The photographer/Videographer is not responsible for hazards at the location and

the Client agrees to enter into the session at their own risk.

No other photographers/videographers are allowed during the session unless agreed to in writing by Pure

Venture Media. Client or guest will refrain from taking cell phone images during the session unless

agreed upon by the photographer/Videographer.

ACCEPTANCE OF TERMS:

Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement

is binding upon, and ensures to the benefit of, Client and Photographer/Videographer, as well as their

respective principals, employees, representatives, and successors. Client and its principals, and

employees, are jointly and severally liable for the performance of all payments and other obligations

hereunder.

No amendment or waiver of any items is binding unless set forth in writing and signed by the parties.

E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect,

and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that

could not be confirmed in writing due to the immediate proximity of completing the

photography/videography assignment.

This Agreement will be deemed to be a contract made under the laws of the United States and the State

of Florida, and for all purposes will be interpreted in its entirety in accordance with these laws. Client

specifically and irrevocably confers personal jurisdiction over it by the courts of the state of Florida. Client

will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award

or judgment in favor of Photographer/Videographer.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that

provision shall be deemed severable from this Agreement and shall not affect the validity and

enforceability of any remaining provisions.

In addition to oral and written agreements, placing a retainer fee for a future session and/or use of any

Image(s) by Client will constitute acceptance of all the above terms and conditions.

This Agreement constitutes the entire and only agreement between Photographer/Videographer and

Client with respect to its subject matter and supersedes all previous agreements, understandings, and

communications, whether oral or written, between the two parties with respect to the subject matter

hereof.

By booking a session I agree to the terms of service.