POLICIES:
COVID 19
Marc and Stacey Blackwell are practicing the best safety guidelines according to the CDC. In the event that you or a member of your family contract the Coronavirus after receiving supplies or conducting a photo session with Marc or Stacey Blackwell, be advised it is your responsibly to practice contract tracing and notify Marc & Stacey as soon possible. Marc & stacey will follow the same practices. Marc & Stacey Blackwell can not be held responsible for any sickness that may result of contracting services from Blackwell Studios. You work with us at your own risk.
Copyright
The Client understands that Marc Blackwell of Blackwell Studios owns the copyright to all images (collectively, “the Media,”) created as a result of this agreement. Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with Blackwell Studios. Blackwell Studios reserve the right to use any and all photos for display, publication, advertising, or other purposes, including blogs, websites, social networks, and portfolio publications unless the client expresses otherwise in writing to hello@blackwellstudiosla.com
Commercial License
Blackwell Studios grants The Client a perpetual, nonexclusive non-transferable worldwide license to use the accompanying images and/or Media for permitted commercial purposes, defined as:
Advertising, promotion, brochures, package
As part of a commercial website for promotional purposes use,
Prints, posters, flyers, tearsheets or promotional purposes (not for resale)
Prints, posters, or other commercial display of media
Magazines, books, newspapers, or other printed publication
Video, broadcast, theatrical
Social Networking
What you may not do:
The Client may not resell, relicense, redistribute without express written permission from Blackwell Studios. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks.
Personal License
Blackwell Studios grants the Client these image(s) a non-exclusive perpetual personal-use license to download and copy the accompanying images collectively, “Media” subject to the following restrictions:
This license is for personal use only. Personal use means non-commercial use of the media for display on personal, non-commercial websites; personal, non-commercial social media posts; computers, smartphones, and tablets or making image prints or video copies for personal use. The Media may not be used in any way to generate any form of revenue via product sales, services, fees, or any form of remuneration. The Media may not be used in advertising or promotional materials. The Media may not be resold, relicensed or sub-licensed.
What you may not do:
The Client may not resell, relicense, redistribute without express written permission from Blackwell Studios. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks.
Change of Location/Date/Time
The Client agrees to notify Blackwell Studios at least 7 days prior to the scheduled date of the session of any changes to the schedule or location. Such notification must be made by email (hello@blackwellstudiosla.com). Voicemails, text messages and messages via social media sites may not be retrieved in a timely fashion.
Warranty
There are no warranties, express or implied. The Media is provided 'as is'. Blackwell Studios will not be liable for any third-party claims or incidental, consequential or other damages arising out of this license or client’s use of the Media. Once the media is delivered it is the sole responsibility of The Client to back up and control the media.
Indemnification
Client agrees to indemnify, defend and hold individuals, Marc & Stacey Blackwell & Blackwell Studios harmless for any and all liabilities, damages, claims, suits, judgments, costs, fees and expenses that arise as a result of or in connection with the services provided before, during and after the photoshoot.
Force Majeure
If Photographer is unable to complete performance under this Agreement due to circumstances beyond the control of the parties, including but not limited to, fire, casualty, civil disturbances, acts of terrorism, acts of God, Photographer shall return any funds paid by Client fewer expenses and thereafter be released from any further liability arising from this Agreement. This limitation of liability shall also apply if the photographic equipment is lost, is damaged, or malfunctions through no fault of Photographer.
Failure to Perform
The parties agree to amicably cooperate to achieve the best possible result for this project. However, due to the limited and subjective nature of the session, Blackwell Studios cannot be held responsible if requested photographs and videos are not taken or are missed. Blackwell Studios is not responsible for any lack of coverage due to weather conditions, scheduling complications, outside 3rd party interference, Acts of God, the lateness of individuals besides Blackwell Studios, or any restrictions imposed by the session’s location. The client agrees that any requests submitted to Blackwell Studios will be used for organizational purposes only, and in no way contractually binds Blackwell Studios to perform based on those requests. Blackwell Studios will make every effort to fulfill all Client requests, but the Client acknowledges that Blackwell Studios cannot guarantee all requested photos & videos will be delivered.
Creative License
Photos and Videos may be edited at Blackwell Studio's discretion. Delivered Media may not include all photos and videos taken. Blackwell Studios reserves the right to edit and release only the media deemed creditable as professional in quality and within the Blackwell Studios artistic standards.
Independent Contractor
Blackwell Studios is an independent contractor. As an independent contractor, Photographer will perform the services set forth in this agreement under the general direction of Client, but the Photographer will determine, in his sole discretion, the manner and means by which the services are accomplished. Blackwell Studios agrees to furnish all the tools and materials necessary to accomplish the services. Services are nonrefundable.
Payment
A Non-Refundable Retainer is required to book your date and time. The Remaining Balance is required on the day of the photoshoot. The Client understands that if The Remaining Balance is not paid, the photos will be withheld until the Remaining Balance is complete. If other arrangements have been made in advance there must be a digital trace via e-mail (hello@blackwellstudiosla.com). Blackwell Studios accepts cash, check (payable to Blackwell Studios), Venmo, PayPal or any major credit card. Processing fees may be included.
Back-Ups
Your Photos will be backed up for 365 days from the day of your photoshoot. After 365 days Blackwell Studios is no longer responsible to hold on to the Media. Your images are backed up in several places to ensure their safety and quality. Blackwell Studios highly recommends you back up your images to your own backup solution.
Refunds
Due to the nature of photography services, all sales are final and no exchange/refunds will be offered.