Terms of Service Agreement
ENTIRE AGREEMENT – This agreement contains the entire understanding between SHOEBOX LABS and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all 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.
RESERVATION – A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). Minimum fee $50.
EVENT SCHEDULE – The client agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from SHOEBOX LABS by the CLIENT.
SAFETY – SHOEBOX LABS reserves the right to terminate coverage and leave the location of the EVENT(S) if the photographer(s) from SHOEBOX LABS experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from SHOEBOX LABS is in question.
SHOOTING TIME / ADDITIONS – The CLIENT and SHOEBOX LABS agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties.
Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time requested beyond the scheduled end time will be billed to the CLIENT. Cancellations with less than 24 hour notice will result in a $50 cancellation fee in addition to the non-refundable retainer fee.
TRAVEL EXPENSES – All travel expenses are based on the distance between the EVENT location(s) and SHOEBOX LABS studio address. For all EVENT(S), the first __ miles roundtrip of travel are included. All miles in excess of ____ miles roundtrip are charged at $__.____ per mile.
(ask your ShoeBox team member for rates in your area)
RESPONSIBILITIES – SHOEBOX LABS is not responsible for compromised coverage due to causes beyond the control of SHOEBOX LABS including but not limited to obtrusive guests, punctuality of CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to SHOEBOX LABS, rendering of decorations, location restrictions. SHOEBOX LABS is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. SHOEBOX LABS is not held liable for missed coverage of any part of the EVENT(S). SHOEBOX LABS will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS – SHOEBOX LABS is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on SHOEBOX LABS. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; SHOEBOX LABS will offer technical recommendations only.
PERMITS – CLIENT is responsible for acquiring all permits and necessary permission for all locations on which SHOEBOX LABS will be performing services.
FILM and COPYRIGHTS – Photographs produced by SHOEBOX LABS are protected by Federal Copyright Law and may not be reproduced commercially without SHOEBOX LABS explicitly written permission. SHOEBOX LABS reserves the right to publish their images on social networking websites, their own sites and the sites of their agents.
Limited copyright ownership of resulting images will be transferred to the CLIENT.
SHOEBOX LABS grants the CLIENT permission to share images on social networking websites, with family and friends, and on vendor websites. Images may be printed by the CLIENT or at CLIENTs request to ShoeBox Labs through production vendors.
MODEL RELEASE – The CLIENT hereby assigns SHOEBOX LABS irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, 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. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY – In the unlikely event that the assigned photographer(s) from SHOEBOX LABS is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of SHOEBOX LABS, SHOEBOX LABS will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond SHOEBOX LABS control, including but not limited to camera, hard drive, or equipment malfunction, SHOEBOX LABS liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. SHOEBOX LABS is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY – SHOEBOX LABS is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of SHOEBOX LABS.
POST PRODUCTION AND EDITING – The final post production and editing styles, effects, and overall look of the images are left to the discretion of SHOEBOX LABS.
PAYMENT SCHEDULE – A non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full prior to, the day of the EVENT(S) or upon completion of work. In the event the CLIENT fails to remit payment as specified, SHOEBOX LABS shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $75 non-sufficient funds fee.
SECURITY DEPOSITS – If the EVENT(S) are rescheduled, postponed, or cancelled, the security deposit paid is non-refundable. It shall be liquidated damages to SHOEBOX LABS in the event of a breach of contract by the CLIENT. The CLIENT shall also be responsible for payment for any of SHOEBOX LABS materials charges incurred up to time of cancellation.
PRICING – Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from SHOEBOX LABS.