photography package

This videography and photography agreement (the “Agreement”) by and between ATX Certified LLC, d.b.a. ATXthejungle (the "Business") and the client that completes the Photography Package Booking Form and pays an Invoice for services (the "Client") as mutually agreed with the Business, is made effective as of the date of Client’s payment of the initial amount on the corresponding Invoice.

 

In consideration of the promises, covenants and conditions contained herein, the Parties agree as follows:

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1. The Parties agree that Business and its representatives will record various video footage and photography on a date and time mutually agreed between the parties at Business’s studio located at 301 Chicon St., Suite A, Austin, TX 78702 (the “Facility”) or at Client’s location as mutually agreed with Business.  Business will edit such footage to produce video, photographs or related materials as agreed with Client and shown on the invoice.  Upon completion of these services, Business will provide 20 edited photos and one 30-45 second video (the “Deliverable”) as digital files. 

2. Limitations. The services will be limited to the duration and edits agreed between the parties before any services are started.  Unless otherwise specified prior to starting the services, photography is limited to 1 hour of total shoot time.

3. Creative Control and Revisions. Client grants Business limited creative control over performance of the Services, including decisions related to filming and editing the video. Client will provide requests for specific shots or scenes to be incorporated to Business ahead of the services. Business will provide limited revisions to the video if requested by Client. Business is not obligated to accept Client’s requests for revisions or edits if they cannot be completed within the time and scope of the services.

4. Release.  Model hereby grants the following rights and permissions to Business. Business shall have the irrevocable, perpetual and unrestricted right and permission to take, use, re-use, publish, and republish photographic portraits or pictures of Model or in which Model may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with Model’s name or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at his studios or elsewhere, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever.  Model specifically consents to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. Model also consents to the use of any published matter in conjunction with such photographs. Model hereby waives any right to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied.  Model hereby releases, discharges, and agrees to hold harmless Business, its legal representatives, and assigns, and all persons acting under his permission or authority or those for whom he is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of such photographs or in any subsequent processing of them, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy.

5. Fees and Payment.  Client agrees to pay a fee of $200 (including the $50 deposit paid at the time of booking (the "Fee"). Unless otherwise noted, the Fee must be paid in full at least 24 hours prior to starting the Services. Business will immediately terminate this contract if the Fee has not been paid and any partial fees paid prior to termination will not be refunded.

6. Promotional Terms.  Should client identify business in any materials or online posting of the Deliverable, all references will correctly identify business as “ATXthejungle” (all one word, capitalized as shown) or “@atxthejungle” when tagging on social media, and will only use logos pre-approved by the Business.

7. Ownership and License. Client will be granted a full, perpetual, non-exclusive license of the Deliverable, subject to the Promotional Terms in this Agreement.  Business will retain the right to use the Deliverable and interim materials (including limited previews and promotional images) for Business's advertising, trade, promotion, exhibition, and/or any other lawful purposes. Such licenses shall survive the termination of this Agreement.

8. Term and Termination. The Agreement ends upon delivery of the Deliverable described at the top of this Agreement. If Client chooses to terminate the Agreement prior to that, Business will retain the rights described above to any materials produced prior to Termination.

9. Use of the Facility.  If Client and Business agree to shoot any footage at the Facility, Business will grant Client limited use of the Facility for the purpose of the services described in this Agreement.  Client will use reasonable care to prevent damage to the Facility and will comply with the reasonable requests or policies of the Business and all applicable laws and regulations.

10. Indemnification. Client shall defend, indemnify and hold Business harmless from any and all claims, injuries, damages, losses and/or suits arising from or relating to this Agreement, and/or Business's performance of the Services as set forth herein.

11. Limitation of Liability. In no event shall Business, its crew members, officers, directors, employees, subcontractors, vendors and/or suppliers be held liable for any incidental, consequential, indirect, or punitive damages of any kind. In no event shall Business, its crew members, officers, directors, employees, subcontractors, vendors, and/or suppliers be liable for the cost of replacement goods or services. CLIENT UNDERSTANDS AND AGREES THAT BUSINESS'S LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE SERVICES.

12. Independent Contractor; No Partnership. Business and Client shall each be and remain an independent contractor with respect to all rights and obligations arising under this Agreement. Nothing herein contained shall make, or be construed to make, Business or Client a partner of one another, nor shall this Agreement be construed to create a partnership or joint venture between and of the parties hereto or referred to herein.

13. ​Choice of Law and Venue.  The laws of the state of Texas shall govern all matters arising out of or relating to this agreement.  Both parties consent to the personal jurisdiction of the state and federal courts in Travis County, Texas.