These Terms are effective as of September 1, 2019.
(1) ¹Total cost due is subject to change due to extensions or overtime work at a rate of $125 per hour exclusive of any discounts. Extensions and overtime will not be charged without prior notice and consent to client. (2) A 50% retainer is required at time of booking. (3) Remaining balances due two weeks subsequent to last day of shooting.
(1)²Post processing includes corrections to color balance, sharpness, clarity, HDR compositing, removal of switches, vents, and wires. (2) ³Advanced retouching would be extensive removal or additions of objects (not including switches or vents) to the image or manipulation the existing items.
Performance of Services
(1) Justin Jagiello agrees to take photographs as per the client’s stated requests, allowing for artistic expression; (2) Justin Jagiello agrees to use high technical quality to meet the client’s needs, for web or print; (3) Justin Jagiello will use digital photography and color management consultancy knowledge to create photographs for the client; and (4) Justin Jagiello shall provide client with digital samples of the final proofs within 14 days.
Rights of Usage
(1)⁴Rights to images are transferred to client for personal use upon receipt of final payment (2)Rights are reserved to client for personal use and does not extend the right for third parties such as magazines, publishers, or manufacturers without consent of Justin Jagiello and royalties thereof. (3) Justin Jagiello will retain rights to third party distribution unless transferred. (4) In the event of publishing, photo credits must be ascribed to Justin Cole Photography.
Relationship of Parties
It is understood by the parties that Justin Jagiello is an independent contractor, and not an employee of the client.
The photography schedule and selected methodology are designed to accomplish the goals and wishes of the client. The client and Justin Jagiello agree that positive cooperation and punctuality are therefore essential.
Justin Jagiello shall provide its services and meet its obligations under this Terms of Service in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable industry standards and will provide a standard of care equal to, or superior to, care used by service providers similar to Justin Jagiello on similar projects.
If performance of this Contract or any obligation under these Terms of Service is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party reasonably timely written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
These Terms of Service shall be governed by the laws of the State of New Jersey.