Terms and Conditions

Introduction

1.1 Agreement: These terms and conditions ("Agreement") govern the relationship between Anthony Johnson Photography (referred to as "the Photographer") and the individual, acting on behalf of the Company, who has accepted our Terms and Conditions, henceforth referred to as "the Client" regarding the services provided by the Photographer.

Service Agreement

2.1 Professional Photography: The service agreement pertains to the provision of professional photography services by Anthony Johnson Photography.

2.2 Payment: The Client agrees to pay the Photographer the agreed-upon fees in full for the services provided. Payment terms and methods will be outlined in the invoice and or proposal.

Retainer Fee

3.1 Definition: A retainer fee is an upfront payment required to secure the services of Anthony Johnson Photography. It is a non-refundable deposit that reserves the Photographer's time and services for the agreed-upon date or time period.

3.2 Payment: The retainer fee shall amount to 50% of the total agreed-upon fee for the photography services. The Client shall remit the retainer fee to Anthony Johnson Photography upon acceptance of this Agreement, prior to the scheduled shoot date.

3.3 Balance and Delivery: The remaining balance of the total fee shall be due on or before the scheduled shoot date. The Client acknowledges that images will not be delivered until payment in full has been collected. Anthony Johnson Photography retains the right to withhold the delivery of any images or final deliverables until the balance is paid in full.

Copyright Ownership

4.1 Copyright Ownership: The Photographer retains full copyright ownership of all images taken during the project. The Client acknowledges that any unauthorized use of the images, without obtaining proper licensing from the Photographer, is strictly prohibited.

4.2 Grant of Rights: Anthony Johnson Photography hereby grants to the Client a non-exclusive, non-sublicensable, and non-assignable license to reproduce, display, broadcast, transmit, or create derivative works from the images specified in the invoice. Personal use rights are granted in perpetuity, while business use rights are subject to a term of two (2) years from the date of this agreement. Additionally, please be advised that any usage beyond the specified term for business purposes shall require renegotiation and may be subject to additional fees.

4.3 Extension of Usage Rights: Continued use of photos taken by Anthony Johnson Photography beyond the initial agreement period of 2 years from the date of the invoice necessitates enrollment in our Loyal Membership Program or procurement of additional usage time. It is important to note that personal use granted to current or former company employees is exempt from this requirement. However, any utilization of these photos on third-party websites representing a business entity, including by former employees, constitutes business use and is subject to the stipulations outlined in this agreement.

Definitions

4.4 Definitions:

• Standard Headshot: A headshot with dimensions of 700 pixels in length at 300 pixels per inch (PPI).

• Premium Headshot: A headshot with dimensions of 2000 pixels in length at 300 pixels per inch (PPI).

4.5 Violation of Copyright: The Client acknowledges that any unauthorized use of the images, including third-party unauthorized use, is strictly prohibited. The Client shall bear sole responsibility for any former employees attempting to utilize the photos on other company websites for business purposes. This responsibility encompasses legal liabilities and potential violation fees arising from such actions.

Missed Sessions and Cancellations

5.1 Rescheduling: If the Client needs to reschedule an office session, reasonable notice must be provided to the Photographer. The Photographer will make efforts to accommodate the new date and time, subject to availability.

5.2 Cancellations: In the event of a cancellation by the Client, any fees paid will be non-refundable unless otherwise agreed upon in writing by both parties. Missed or canceled sessions will be considered as liquidated damages and will not be refundable.

Approval of Images

6.1 Image Selection: Your staff or subject will be responsible for selecting their image. Any issues must be brought to our attention when reviewing/selecting images, they should be raised immediately. All same-day selections are final. Should a staff member change their mind on their selected photo after the retouching has been ordered, a fee will be charged for the new image they select.

Late Payment Fee

7.1 Late Payment: In the event that any payment due under this Agreement is not received by Anthony Johnson Photography by the due date specified in the invoice, the Client shall be responsible for paying a late fee of 30% of the outstanding balance. This late fee shall accrue on a weekly basis from the due date until the date of payment.

Space Requirements

8.1 Headshot Station: We require a space of 12'x15' with close access to electricity to recreate the dark gray backdrop for our headshot station with a height of 10’ for our equipment. When performing at events, we will need a table and two chairs for the preview station.

Wardrobe

9.1 Dress Code: We expect that when a client steps in front of the camera, their wardrobe and styling are appropriate for the workplace and for your particular requirements (jacket, tie, etc.). Clothing should be clean, pressed, and fitted to the client. Additional retouching fees may apply if logos need to be added or removed, clothing is wrinkled, or clothing is ill-fitting and needs to be edited.

Byline Provision Clause

10.1 Byline: Client agrees to provide a byline crediting the photographer whenever the images provided by the photographer are used in journalistic or editorial contexts, including but not limited to blog posts, editorial articles, and similar mediums. Credit should read as the following “photo provided by Anthony Johnson Photography”

10.2 Exceptions for Byline: Marketing and Advertising: In cases where the images are used for marketing or advertising purposes, a byline is not required.

10.3 Client's Internal Use: Images used for internal purposes within the client's organization, such as company reports or presentations, are exempt from the byline requirement.

Unauthorized Use

11.1 Copyright Infringement: Any use of the images in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling Anthony Johnson Photography to exercise all rights and remedies available under copyright laws worldwide.

11.2 Damages and Fees: The Client shall be responsible for any damages resulting from such copyright infringement, including any claims by a third party. In addition, and without prejudice to Anthony Johnson Photography's other remedies under this Agreement, Anthony Johnson Photography reserves the right to charge, and the Client agrees to pay, a fee equal to five (5) times Anthony Johnson Photography's normal fees or the industry standard, whichever is higher, for the unauthorized use of the image(s).

Governing Law

12.1 Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America.

12.2 Exclusive Jurisdiction: Any disputes arising from or related to this Agreement shall be subject to the exclusive jurisdiction of the courts located within the State of Texas.

Legal Disputes and Travel Expenses

13.1 Jurisdiction: Any legal disputes or claims arising out of or in connection with this Agreement shall be governed by the laws of the State of Texas, United States of America. The parties agree that any legal action or proceeding arising from or related to this Agreement shall be filed and resolved exclusively in the state or federal courts located in Austin, Texas.

13.2 Travel Expenses: In the event that the Client initiates legal action against Anthony Johnson Photography, the Client agrees to bear all costs, including but not limited to travel expenses, accommodation, legal fees, and any other related expenses incurred by Anthony Johnson Photography in defending the claim.

13.3 Additional Fees: The Client acknowledges that in the event of legal action, should Anthony Johnson Photography be required to engage legal counsel, the Client shall be responsible for all reasonable attorney's fees, court costs, and any other expenses incurred by Anthony Johnson Photography to defend its rights and interests.

Entire Agreement

14.1 Complete Understanding: This Agreement constitutes the entire understanding between Anthony Johnson Photography and the Client regarding the subject matter hereof and supersedes all prior negotiations, discussions, or agreements, whether oral or written.

Severability

15.1 Validity of Provisions: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall in no way be affected or impaired.

Approval

16.1 Acknowledgment of Agreement: By proceeding with the photography services provided by Anthony Johnson Photography, the Client acknowledges that they have read, understood, and agreed to all the terms and conditions stated in this Agreement. They also acknowledge they were made aware of our Terms and Conditions when they first contacted us. And finally, The Client hereby agrees to pay the invoice in full no later than when the images are ready to be delivered or by the due date.