We are currently adding Terms of Service information to this page. It is the same information that is contained in our contracts. What you see below is the process of add all of the content onto one page. This is not the complete information. Soon, we will have all of the Terms of Service. Please come back to read all of our valuable information.
Terms of Service
Method of Payment
Cash, Money Order, or Certified Check shall make all Payments. NO Credit Cards will be accepted. If personal checks are used; they must be “certified” by the bank on which the funds are drawn. Checks are to be written to as followed: Rob Gale Photography & Photo Booth LLC.
Returned checks are subject to a $50.00 returned check fee. The Client assume responsibility for any and all collection costs and legal fees incurred by RGP in the event that enforcement of this contract becomes necessary. All legal action shall take place in Pinellas County, Florida.
Cancellation Policy
In the event of full termination by the Client, the security deposits paid are non-refundable. It shall be liquidated damages to RGP in the event of a breach of contract by the Client. The Client shall additionally be responsible for payment for any RGP costs incurred up to time of cancellation. This can be up to the complete amount of the agreed upon photography fee. Cancellation must be in writing even if a phone call was made to inform RGP of the cancellation.
RGP agrees to provide the following
Timeframe
An approximate timeframe will be created after the contract is submitted and signed by the Client and RGP and will be added to the contract as an amendment. This amendment will not affect any previous agreements made with the Client and RGP but will be added in addition to the signed contract.
Time Overages
If more than the time allotment stated above is requested by the client in advance, or on the day of the event, RGP will charge time and a half for main photographer hourly service. This amount will be added to the aforementioned service price. This hourly amount will be broken down by ½ hour increments and rounded up. If a second photographer is hired, RGP will charge time and a half for second photographer hourly service. This hourly amount will be broken down by ½ hour increments and rounded up. This amount will be added to the aforementioned service price. If time overage is not paid on the day of the event, RGP has the right to hold digital images until the time overages are paid in full.
HIRING SECOND PHOTOGRAPHER
It is understood and agreeable that the Client have the option of a second photographer to be present. Additional second photographer will be charged by RGP to the Client. All images taken by the second photographer are property of RGP. Supervision and monetary compensation for any assistants will be the responsibility paid directly by RGP. Second photographer services will be responsible to the following:
OTHER SERVICES PROVIDED BY THE CLIENT
The Client shall agree to provide either a guest meal or vendor meal for RGP and those employed and/or trained at no charge to RGP.
IMAGE FILE DEVELOPMENT
SEVEN DAYS AFTER EVENT
After the services are rendered, RGP will be posting proof of images ranging from approximately 24-36 digital images via email as a ZIP folder or cloud storage or on RGP’s social media pages: Facebook, Twitter, and/or Instagram within seven days of photographic services. These proofs will be classified as a “Sneak Peek” so the Client and guests can view images of the event. Due to the short timeframe of publication on the social media platforms, the proof digital images may or may not be edited. RGP will provide a link to the URL so the Client can view and share images with their guests. All images will still be property of RGP and the Client do not have permission to produce, print, or reproduce images.
A proof file image is defined as one with a watermark that will appear on the face of the image. A watermark is defined as a faint white “ghost-like” RGP design visible on the front of the digital image. Any image prints included in the agreed price above will not have watermarks.
SISXTY DAYS AFTER EVENT
After the services are rendered, RGP will be providing the following
TERMS AND CONDITIONS
This is a legally binding contract for photography services to be provided by RGP and/or individuals subcontracted to do work for RGP. You agree to the following terms and conditions:
CHANGE OF DATE OF VENUE
In the event of any change of (date, time, place of venue, etc.) as listed, you must notify RGP in writing at least one (1) week before the original scheduled date, time(s) or place of venue. Acceptance of a change in date or venue is contingent upon the availability of RGP for the new date or location of venue. Notification of any changes made by phone must still be confirmed in writing immediately upon notice of change. Written notices may be made via “U.S. Postal Certified Mail” or via an email notification as documentation of the changes, as long as such email has along with it a “confirmation of receipt” in writing.
FAILURE TO PERFORM
Due to the limited and subjective nature of the event, RGP will not be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or scheduled complications caused by but not limited to, anyone in or at the event, or by venue or location restrictions. The photographer is not responsible for lost photographic opportunities due to any kind of equipment malfunction caused by weather conditions, venue negligence, and/or confrontations caused by guests and/or bystanders; either accidental or intentional.
It is acknowledged that any lists submitted to RGP will be used for organizational purposes only and in no way represent photography that will be produced. RGP will do its best to fulfill all requests but can make no guarantees all images will be delivered.
The Client are responsible for all location fees and permits. If a location fee and/or permit is not filed, RGP will not be able to photograph the event.
CREATIVE LICENSE
Images may be edited at the photographer’s discretion and delivered images may not include all photographed images. For example, in the rare instance that images that may be over/under-exposed, out-of-focused, color balance complications, and/or those having facial imperfections such as yawns/closed eyes, and/or derogatory gestures regarding hands or showing of private upper or lower extremities will not be delivered.
RGP reserves the creative right to edit and release only those deemed professional in quality for print and publication suitable for all audiences within RGP’s artistic standards.
LIMIT OF LIABILITY
If the photographer, for whatever reasons cannot otherwise perform this agreement due to circumstance beyond the photographer’s control such as but not limited to illness, injury, fire, casualty, severe weather conditions, acts of terrorism, protests, strike or other civil disturbances, Acts of God, road closures, vandalism of vehicle or equipment, severe traffic or other reasons, and cannot supply the event photography services specified above, RGP will try to book a replacement event photographer. However, if both the lead photographer and the second photographer become unavailable and replacement photographer(s) cannot be found then liability is limited to a full refund of any payments received and RGP shall have no further liability with respect to the agreement.
The Photographers have working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control such as fire, casualty, acts of terrorism, protests, vandalism of vehicle or equipment, strike or other civil disturbances, Acts of God, or malfunctions of the camera, camera memory card or computer. In these circumstances liability is limited to the return of fees paid for the service or part thereof.
MODEL RELEASE
The Client grants RGP and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use and publish the photographs of the Client for editorial, competition, trade, advertising of RGP and to alter the photographs as necessary to conform with professional quality; and to copyright the images.
The client hereby releases RGP and its legal representatives and assigns from any and all claims and liability relating to said photographs.
The Client agree that the client’s guests, spouse, family members and attendees of the event shall be made aware of the photography taking place at this event and that they may at any time become subjects of the photographs. It is the Client’s responsibility to inform attendees. Guest who are part of witness protection and/or are concerned with his/her privacy are responsible to notify the photographer at the event to remove and/or edit the image(s) by censoring that particular section of an image(s) by means of “blurring-out” of his/her face. RGP is not responsible for the esthetic look of set image(s) containing of the individual.
EXCLUSIVE PHOTOGRPAHER
RGP shall be the exclusive photographer retained by the Client for the purpose of photographing the event. RGP is not responsible for the results of photographs that are compromised in any way by others’ use of flash and/or other camera/cell phone use, or by interference of any kind in the preparation or actual taking of photos during the scheduled events. It is the sole responsibility of the Client to make sure that these prohibitions are strictly enforced.
RGP is the exclusive photographic company to officially photograph the event. Guests are allowed to photograph the event for personal use only on their own camera and/or cell phone.
The Client has the right to hire a videographer solely to perform only videography services at the event. It is the Client responsibility to notify the videographer that they are not allowed to capture a still frame “freeze-frame” of a video file and/or capture still images without the consultation of RGP. Failure to notify RGP may result in legal action of copyright infringement both to the Client and the videography company.
The Client are not allowed to hire a second photography company. If the Client hires a secondary photography without RGP knowledge before or on the day of the event, RGP has the right of immediate termination of photographic service without any refunds of payment.
CD/DVD, FLASH DRIVE, EXTERNAL HARD DRIVE, & CLOUD STORAGE
Due to lack of information about how long CD/DVD, flash drive, external hard drives and cloud storage can hold information, RGP recommends you back up your images on to another media format other than CD/DVD, flash drive, external hard drive and/or cloud storage. RGP also recommends making multiple copies of files every year to insure the images for years to come. A digital copy of the event will be kept by RGP for ONE (1) year after the event date. RGP cannot be held responsible for the failure of physical or digital uploaded medium due to use, misuse, storage, mishandling, or any other use of the images. It is the Client’s responsibility to keep several copies of any files in more than one location and back up the images up to another. If the client chooses a third-party cloud storage company, the client is responsible for any lost, damaged, or stollen files and will have to deal directly with the third-party storage company to recover files.
HOUSE RULES
RGP is sometimes limited by rules imposed by registrars, ministers, and venue management as to what can and cannot be done, or what is or is not allowed. For example some venue coordinator insist that no flash photography is allowed, and others will insist that RGP photograph from a specific location, or in a specific manner. In such circumstances the Client agree to accept the technical or other limitations that may be imposed on the equipment, the use of the equipment, or the way in which photos may be taken. It is required that the Client make themselves aware of the rules of the aforementioned people and the venue concerned and if necessary negotiate with the personnel concerned and inform RGP of any known limitations at least (48) hours in advance of the event. RGP cannot be held responsible for any of the preceding “house rules” which may affect the type, style, number, location, or resulting quality of photos or images taken at any of the events associated with this Agreement.
STYLE SPECIFICS
It is up to the Client to specify the overall desired style of shooting to be done (for example posed photos, candid photos, etc.) and communicate this with RGP at the time the contract is written. It is agreed by both parties that RGP shall attempt to emulate the agreed upon style. RGP agrees to use its skills, experience, and abilities to achieve a satisfactory result for the Client. However, there is no guarantee that the final results will be exactly in line with the Client’s vision, and the client recognizes the photography is an art form both subjective and variable. It is recognized by both parties that good communication will help facilitate this and setting aside time at the event for posed and/or group shots will facilitate a well-rounded final product. The Client understands that it is their responsibility to allow and schedule sufficient time for successful documentation of their event.
COOPERATION
The Client and RGP consent to fully cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. It is required that RGP be provided with a “Designated Contact for Photographer” (a member of the event host) who will point out key individuals or events to be photographed. RGP will also require the assistance of this individual [the “Designated Contact for Photographer”] in organizing groups - see page 1 of this agreement.
The Client and/or “Designed Contact for Photographer” also agree to give RGP sufficient warning of key moments at the event to give RGP the time needed to properly prepare and be ready to photograph special events or ceremonies (e.g. speeches, awards, etc.).
Please note that not all guests at the event like having or want their photo taken. In such cases the RGP will use his/her discretion but cannot be held responsible for a lack of photos due to guests.
THE SCHEDULE
Both the Client and RGP agree that punctuality is key to taking event photographs. In cases where the moments at the event do not run on time (for example, extreme lateness by one of the Client or guests, participants, etc. arriving to the venue) we cannot guarantee to take our normal number or types of photos although in such circumstances we will strive to manage this situation.
PUBLICATION
By agreeing to this contract, the Client full willingly acknowledge that RGP has full permission to publish any or all images of the Client’s event without his/her/their approval before publication. Publication includes but not limited to website portfolio, digital/social media marketing material, social media posting, photographic competitions, educational material, trade show displays, studio displays, distribution of fliers and/or other tangible marketing materials. RGP has full rights to promote the business without consulting the Client about where and how the images will be used. The Client grants RGP to alter and/or manipulate the images (e.g. exposure compensation, cropping, color balance, color profile, sharpening, etc.) to meet the requirements for publications at the lab production/distribution and/or digital forums like RGP website and/or social media platforms.
The Client are aware that once published on RGP website and/or social media platforms, search engine algorithms will automatically compile images from RGP digital publishing platforms to publish images on its search engine database (e.g. Google, Yahoo, Bing, etc.). Anyone on the internet will be able to search RGP online and may show the Client images without any knowledge to RGP or the Client. RGP is not liable or responsible of such postings done by specific search engine database companies due to search engine algorithms.
COPYRIGHT
The copyright of all photographs remains with RGP. RGP agrees to grant rights to the Client with a non-exclusive, limited perpetual license. This license allows the Client to do the following with the images:
If the Client print images on their own, RGP will not be held responsible for the printing quality of said images.
THIS LICENSE WILL STRICTLY PROHIBIT THE CLIENT FROM THE FOLLOWING
Referencing or crediting WITHOUT PERMISSION written or orally, that RGP produced the images.
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY RGP.
Permission is hereby granted to RGP to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other business use of RGP. The laws of the State of Florida shall govern this agreement.
Cash, Money Order, or Certified Check shall make all Payments. NO Credit Cards will be accepted. If personal checks are used; they must be “certified” by the bank on which the funds are drawn. Checks are to be written to as followed: Rob Gale Photography & Photo Booth LLC.
Returned checks are subject to a $50.00 returned check fee. The Client assume responsibility for any and all collection costs and legal fees incurred by RGP in the event that enforcement of this contract becomes necessary. All legal action shall take place in Pinellas County, Florida.
Cancellation Policy
In the event of full termination by the Client, the security deposits paid are non-refundable. It shall be liquidated damages to RGP in the event of a breach of contract by the Client. The Client shall additionally be responsible for payment for any RGP costs incurred up to time of cancellation. This can be up to the complete amount of the agreed upon photography fee. Cancellation must be in writing even if a phone call was made to inform RGP of the cancellation.
RGP agrees to provide the following
- A complimentary consultation/booking with the Client and any other applicable the Client prior to the event.
- Will create an approximate timeframe of photographic services on day of the event by help of the client prior of the event.
- Provide list with prices of photographic services that include but are not limited to physical services rendered by the photographer, digital media of photographs, and tangible photographic prints and/or products.
- Provide list of things to photograph where the Client provides feedback on what they specifically want photographed
- Not less than _____ hours of photographic services the day of the event (exclusive of travel time and photographer preparation)
- Either provide un-edited images or post edited of digital photographs determined, agreed, and purchased by the Client specified in the contract
- Delivery of tangible photographic images, photographic products, and/or media via mailing, or in-person delivery, or cloud storage.
Timeframe
An approximate timeframe will be created after the contract is submitted and signed by the Client and RGP and will be added to the contract as an amendment. This amendment will not affect any previous agreements made with the Client and RGP but will be added in addition to the signed contract.
Time Overages
If more than the time allotment stated above is requested by the client in advance, or on the day of the event, RGP will charge time and a half for main photographer hourly service. This amount will be added to the aforementioned service price. This hourly amount will be broken down by ½ hour increments and rounded up. If a second photographer is hired, RGP will charge time and a half for second photographer hourly service. This hourly amount will be broken down by ½ hour increments and rounded up. This amount will be added to the aforementioned service price. If time overage is not paid on the day of the event, RGP has the right to hold digital images until the time overages are paid in full.
HIRING SECOND PHOTOGRAPHER
It is understood and agreeable that the Client have the option of a second photographer to be present. Additional second photographer will be charged by RGP to the Client. All images taken by the second photographer are property of RGP. Supervision and monetary compensation for any assistants will be the responsibility paid directly by RGP. Second photographer services will be responsible to the following:
- Assisting the main photographer in photographic services
- Provide his or her images to the main photographer at the end of the event.
OTHER SERVICES PROVIDED BY THE CLIENT
The Client shall agree to provide either a guest meal or vendor meal for RGP and those employed and/or trained at no charge to RGP.
IMAGE FILE DEVELOPMENT
SEVEN DAYS AFTER EVENT
After the services are rendered, RGP will be posting proof of images ranging from approximately 24-36 digital images via email as a ZIP folder or cloud storage or on RGP’s social media pages: Facebook, Twitter, and/or Instagram within seven days of photographic services. These proofs will be classified as a “Sneak Peek” so the Client and guests can view images of the event. Due to the short timeframe of publication on the social media platforms, the proof digital images may or may not be edited. RGP will provide a link to the URL so the Client can view and share images with their guests. All images will still be property of RGP and the Client do not have permission to produce, print, or reproduce images.
A proof file image is defined as one with a watermark that will appear on the face of the image. A watermark is defined as a faint white “ghost-like” RGP design visible on the front of the digital image. Any image prints included in the agreed price above will not have watermarks.
SISXTY DAYS AFTER EVENT
After the services are rendered, RGP will be providing the following
- Not less than 100# of image files in the following format:
- Digital images either on CD/DVD, flash drive, or cloud storage.
- The file proof of images will be delivered either in person, via cloud storage, or mailed directly to the Client via the U.S. Postal Service, Certified Mail, Return Receipt Requested to the Client_______________ at the time frame described above.
TERMS AND CONDITIONS
This is a legally binding contract for photography services to be provided by RGP and/or individuals subcontracted to do work for RGP. You agree to the following terms and conditions:
CHANGE OF DATE OF VENUE
In the event of any change of (date, time, place of venue, etc.) as listed, you must notify RGP in writing at least one (1) week before the original scheduled date, time(s) or place of venue. Acceptance of a change in date or venue is contingent upon the availability of RGP for the new date or location of venue. Notification of any changes made by phone must still be confirmed in writing immediately upon notice of change. Written notices may be made via “U.S. Postal Certified Mail” or via an email notification as documentation of the changes, as long as such email has along with it a “confirmation of receipt” in writing.
FAILURE TO PERFORM
Due to the limited and subjective nature of the event, RGP will not be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or scheduled complications caused by but not limited to, anyone in or at the event, or by venue or location restrictions. The photographer is not responsible for lost photographic opportunities due to any kind of equipment malfunction caused by weather conditions, venue negligence, and/or confrontations caused by guests and/or bystanders; either accidental or intentional.
It is acknowledged that any lists submitted to RGP will be used for organizational purposes only and in no way represent photography that will be produced. RGP will do its best to fulfill all requests but can make no guarantees all images will be delivered.
The Client are responsible for all location fees and permits. If a location fee and/or permit is not filed, RGP will not be able to photograph the event.
CREATIVE LICENSE
Images may be edited at the photographer’s discretion and delivered images may not include all photographed images. For example, in the rare instance that images that may be over/under-exposed, out-of-focused, color balance complications, and/or those having facial imperfections such as yawns/closed eyes, and/or derogatory gestures regarding hands or showing of private upper or lower extremities will not be delivered.
RGP reserves the creative right to edit and release only those deemed professional in quality for print and publication suitable for all audiences within RGP’s artistic standards.
LIMIT OF LIABILITY
If the photographer, for whatever reasons cannot otherwise perform this agreement due to circumstance beyond the photographer’s control such as but not limited to illness, injury, fire, casualty, severe weather conditions, acts of terrorism, protests, strike or other civil disturbances, Acts of God, road closures, vandalism of vehicle or equipment, severe traffic or other reasons, and cannot supply the event photography services specified above, RGP will try to book a replacement event photographer. However, if both the lead photographer and the second photographer become unavailable and replacement photographer(s) cannot be found then liability is limited to a full refund of any payments received and RGP shall have no further liability with respect to the agreement.
The Photographers have working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control such as fire, casualty, acts of terrorism, protests, vandalism of vehicle or equipment, strike or other civil disturbances, Acts of God, or malfunctions of the camera, camera memory card or computer. In these circumstances liability is limited to the return of fees paid for the service or part thereof.
MODEL RELEASE
The Client grants RGP and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use and publish the photographs of the Client for editorial, competition, trade, advertising of RGP and to alter the photographs as necessary to conform with professional quality; and to copyright the images.
The client hereby releases RGP and its legal representatives and assigns from any and all claims and liability relating to said photographs.
The Client agree that the client’s guests, spouse, family members and attendees of the event shall be made aware of the photography taking place at this event and that they may at any time become subjects of the photographs. It is the Client’s responsibility to inform attendees. Guest who are part of witness protection and/or are concerned with his/her privacy are responsible to notify the photographer at the event to remove and/or edit the image(s) by censoring that particular section of an image(s) by means of “blurring-out” of his/her face. RGP is not responsible for the esthetic look of set image(s) containing of the individual.
EXCLUSIVE PHOTOGRPAHER
RGP shall be the exclusive photographer retained by the Client for the purpose of photographing the event. RGP is not responsible for the results of photographs that are compromised in any way by others’ use of flash and/or other camera/cell phone use, or by interference of any kind in the preparation or actual taking of photos during the scheduled events. It is the sole responsibility of the Client to make sure that these prohibitions are strictly enforced.
RGP is the exclusive photographic company to officially photograph the event. Guests are allowed to photograph the event for personal use only on their own camera and/or cell phone.
The Client has the right to hire a videographer solely to perform only videography services at the event. It is the Client responsibility to notify the videographer that they are not allowed to capture a still frame “freeze-frame” of a video file and/or capture still images without the consultation of RGP. Failure to notify RGP may result in legal action of copyright infringement both to the Client and the videography company.
The Client are not allowed to hire a second photography company. If the Client hires a secondary photography without RGP knowledge before or on the day of the event, RGP has the right of immediate termination of photographic service without any refunds of payment.
CD/DVD, FLASH DRIVE, EXTERNAL HARD DRIVE, & CLOUD STORAGE
Due to lack of information about how long CD/DVD, flash drive, external hard drives and cloud storage can hold information, RGP recommends you back up your images on to another media format other than CD/DVD, flash drive, external hard drive and/or cloud storage. RGP also recommends making multiple copies of files every year to insure the images for years to come. A digital copy of the event will be kept by RGP for ONE (1) year after the event date. RGP cannot be held responsible for the failure of physical or digital uploaded medium due to use, misuse, storage, mishandling, or any other use of the images. It is the Client’s responsibility to keep several copies of any files in more than one location and back up the images up to another. If the client chooses a third-party cloud storage company, the client is responsible for any lost, damaged, or stollen files and will have to deal directly with the third-party storage company to recover files.
HOUSE RULES
RGP is sometimes limited by rules imposed by registrars, ministers, and venue management as to what can and cannot be done, or what is or is not allowed. For example some venue coordinator insist that no flash photography is allowed, and others will insist that RGP photograph from a specific location, or in a specific manner. In such circumstances the Client agree to accept the technical or other limitations that may be imposed on the equipment, the use of the equipment, or the way in which photos may be taken. It is required that the Client make themselves aware of the rules of the aforementioned people and the venue concerned and if necessary negotiate with the personnel concerned and inform RGP of any known limitations at least (48) hours in advance of the event. RGP cannot be held responsible for any of the preceding “house rules” which may affect the type, style, number, location, or resulting quality of photos or images taken at any of the events associated with this Agreement.
STYLE SPECIFICS
It is up to the Client to specify the overall desired style of shooting to be done (for example posed photos, candid photos, etc.) and communicate this with RGP at the time the contract is written. It is agreed by both parties that RGP shall attempt to emulate the agreed upon style. RGP agrees to use its skills, experience, and abilities to achieve a satisfactory result for the Client. However, there is no guarantee that the final results will be exactly in line with the Client’s vision, and the client recognizes the photography is an art form both subjective and variable. It is recognized by both parties that good communication will help facilitate this and setting aside time at the event for posed and/or group shots will facilitate a well-rounded final product. The Client understands that it is their responsibility to allow and schedule sufficient time for successful documentation of their event.
COOPERATION
The Client and RGP consent to fully cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. It is required that RGP be provided with a “Designated Contact for Photographer” (a member of the event host) who will point out key individuals or events to be photographed. RGP will also require the assistance of this individual [the “Designated Contact for Photographer”] in organizing groups - see page 1 of this agreement.
The Client and/or “Designed Contact for Photographer” also agree to give RGP sufficient warning of key moments at the event to give RGP the time needed to properly prepare and be ready to photograph special events or ceremonies (e.g. speeches, awards, etc.).
Please note that not all guests at the event like having or want their photo taken. In such cases the RGP will use his/her discretion but cannot be held responsible for a lack of photos due to guests.
THE SCHEDULE
Both the Client and RGP agree that punctuality is key to taking event photographs. In cases where the moments at the event do not run on time (for example, extreme lateness by one of the Client or guests, participants, etc. arriving to the venue) we cannot guarantee to take our normal number or types of photos although in such circumstances we will strive to manage this situation.
PUBLICATION
By agreeing to this contract, the Client full willingly acknowledge that RGP has full permission to publish any or all images of the Client’s event without his/her/their approval before publication. Publication includes but not limited to website portfolio, digital/social media marketing material, social media posting, photographic competitions, educational material, trade show displays, studio displays, distribution of fliers and/or other tangible marketing materials. RGP has full rights to promote the business without consulting the Client about where and how the images will be used. The Client grants RGP to alter and/or manipulate the images (e.g. exposure compensation, cropping, color balance, color profile, sharpening, etc.) to meet the requirements for publications at the lab production/distribution and/or digital forums like RGP website and/or social media platforms.
The Client are aware that once published on RGP website and/or social media platforms, search engine algorithms will automatically compile images from RGP digital publishing platforms to publish images on its search engine database (e.g. Google, Yahoo, Bing, etc.). Anyone on the internet will be able to search RGP online and may show the Client images without any knowledge to RGP or the Client. RGP is not liable or responsible of such postings done by specific search engine database companies due to search engine algorithms.
COPYRIGHT
The copyright of all photographs remains with RGP. RGP agrees to grant rights to the Client with a non-exclusive, limited perpetual license. This license allows the Client to do the following with the images:
- display the images
- print the images for personal use by the client, friends or family
- make “derivate works” of the images or otherwise modify
- edit or manipulate the electronic files
- copy the electronic files or the printed images
- upload, email, or electronically transfer the images or files; and
- publish the images on personal websites or social media websites
If the Client print images on their own, RGP will not be held responsible for the printing quality of said images.
THIS LICENSE WILL STRICTLY PROHIBIT THE CLIENT FROM THE FOLLOWING
Referencing or crediting WITHOUT PERMISSION written or orally, that RGP produced the images.
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY RGP.
Permission is hereby granted to RGP to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other business use of RGP. The laws of the State of Florida shall govern this agreement.
