Terms and Conditions:
All terms and conditions are at the sole discretion of ASHBYPHOTOLAB and can be changed at any time. any changes made will be sent by way of email to any/all parties changes could effect within a timely manner so that effected parties/clients can make appropriate changes to personal schedules/events if needed. ASHBYPHOTOLAB reserves the right to use any/all pictures taken by any/all photographers employed by ASHBYPHOTOLAB to their sole discretion for promotional and advertising on any ASHBYPHOTOLAB'S publications including but not limited to ASHBYPHOTOLAB.COM, Instagram, Facebook and any other form of publication unless client and ASHBYPHOTOLAB has a signed agreement to not use images taken for specific events.
1) “Image(s)” means all visual representations furnished to Client by ASHBYPHOTOLAB whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Unless otherwise specified in this document, ASHBYPHOTOLAB may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that ASHBYPHOTOLAB may select, at a resolution that ASHBYPHOTOLAB determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. It is 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, ASHBYPHOTOLAB sole obligation will be to replace or repair the data, but in no event will ASHBYPHOTOLAB be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided elsewhere in this document, ASHBYPHOTOLAB has no obligation to retain or archive any of the Images after they have been delivered to Client. Client is responsible for downloading images within 60 days after images has been sent. If Client needs extended time to download images Client must notify ASHBYPHOTOLAB within 48hrs of final day of 60 day time period. additional fees will be billed to Client for such request.
2) Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of ASHBYPHOTOLAB. Unless otherwise specifically provided elsewhere in this document. Images taken for specific Client can be used by Client for any publications and promotions of Clients choice. No rights are transferred to Client unless and until ASHBYPHOTOLAB has received payment in full. Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act.
3) Indemnification: Client will indemnify and defend ASHBYPHOTOLAB against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by ASHBYPHOTOLAB, no model or property release exists, and it is Client’s responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by ASHBYPHOTOLAB. It is Client’s sole responsibility to determine whether any model or property releases delivered by ASHBYPHOTOLAB are suitable for Client’s purposes. ASHBYPHOTOLAB will NOT be consider liable for any third party lawsuits against Client under which the misappropriation of Images by Client that may resemble copyright work of another artist/photographer.
4) Reshoots: Client will be charged 100% of remaining balance and expenses on initial scheduled date of event for any reshoot booked by Client. For any reshoot required because of any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance or the fault of a third party, ASHBYPHOTOLAB will charge no additional fee, and Client will pay remaining balance on new scheduled date of event. ALL deposit for ANY event are NON-REFUNDABLE but can be applied to newly scheduled event IF event is rescheduled within 30 days of original event date.
5) Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment, plus and additional fee; however, if notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 50 % of remaining balance. Unless otherwise agreed in writing, Client will be charged 100% of remaining balance if Cancellation of the assignment occurs after ASHBYPHOTLAB has arrived at location. Fees for cancellations will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.