Terms & Conditions

Please note: While your individualized Agreement will address project-specific terms, linked below are the Terms & Conditions that remain constant for all Agreements. If you have questions, please do not hesitate to ask.

INTELLECTUAL PROPERTY

Copyright Ownership: Photographer owns the copyright in any and all photos he/she takes pursuant to federal copyright law (Title 17, Chapter 2, §201-02, of the United States Code). Any and all photographs produced in connection with, or in the process of fulfilling this agreement, are expressly and solely owned by Photographer to use in the reasonable course of business.

Prohibited Uses of Photographs: Some uses of Photographer’s property are expressly prohibited in order to maintain the integrity and quality of Photographer’s reputation and work.

●      Any resale of the photographs through direct or indirect means, including, but not limited to: selling the photos as stock photography; selling or allowing use of the photos by a third party such as a corporation, advertiser, cookbook or magazine.

●      Any illegal assignment or sub-license of Photographer’s work, such as allowing third party use of a photograph online or in print without prior permission (and potentially attribution and/or license fees determined by Photographer). Client must give Photographer seventy-two hours to reply to any such request.

●      Client is held responsible for ensuring, if third-party use is approved and attribution required, that neither Client or third-party purposefully try to hide or otherwise conceal attribution to Photographer, such as by printing attribution in such small print or font that the source of the photograph is not readily apparent to the reasonable viewer. Photographs will be deemed properly attributed to Photographer when it would be obvious to any reasonable observer, reader or viewer that McReavy Photography provided the photograph for Client’s use.

●      Client expressly agrees not to produce derivative works of Photographer’s property, such as, but not limited to, photographs of a photograph, scans into a computer, unauthorized photo collages or other works that incorporate a substantial portion of Photographer’s property in a way that distorts or denigrates the photograph’s high resolution.

●      Any use deemed unreasonable or defamatory, at the discretion of Photographer.

●      Any retouched or further edits of photographs that materially alters the composition of the photograph, such as by applying filters, changing the colors or other means of degradation, as determined by Photographer. 

Trademark Ownership: Any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.

RELEASES AND LIMIT OF LIABILITY

Artistic Release: Client has spent a satisfactory amount of time reviewing Photographer’s work and has a reasonable expectation that Photographer’s Services will produce a similar manner and style of aesthetic for Client. Photographer will use reasonable efforts to ensure Client’s Services are carried out in a style and manner consistent with Photographer’s current portfolio and Photographer will try to incorporate any suggestions Client makes. However, Client understands and agrees that:

●      Every client and photoshoot is different, with different tastes, budgets, and performance needs; and

●      Styling and photography are a subjective art and Photographer is a provider with a unique vision, with an ever-evolving style and technique.

●      Photographer will use his/her personal artistic judgment to create styled areas for Client, which may not include strict adherence to Client’s suggestions.

●      Dissatisfaction with Photographer’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

●      Photographer will retouch and edit photographs as part of her Services. Photographer reserves the absolute right to decide how and why any photo is retouched or otherwise edited. Client may make retouching or editing suggestions to Photographer but Photographer is not obligated to adhere strictly to any Client suggestion.

Maximum Damages: Client agrees that the maximum amount of damages s/he is entitled to in any claim of or relating to this Agreement or Services provided in this Agreement are not to exceed Photographer’s Total Cost of Services as set forth in this Agreement.

Indemnification: Client agrees to indemnify and hold harmless Photographer, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees and officers from any and all claims, causes of action, damages or other losses arising out of, or related to, the Services provided in this Agreement. Client agrees to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, Client waives its right to directly or indirectly ask or force Photographer to pay for any such damages.

Assumption of Risk: Client and related parties/participants expressly assume any risk of Services and related activities as described in this Agreement. For example, if Client desires to have Photographer shoot subject on a ski slope, Client and subjects expressly understand and agree that there are inherent dangers involved with skiing and hold Photographer and its agents, assigns, affiliates, and contractors harmless.

Non-disparagement: The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.

CONFIDENTIALITY

Confidentiality: Parties will treat and hold all information of or relating to this Agreement, the Services provided, and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (known as “Confidential Information” in this Agreement) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.

Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Company in whatever form to any parties outside of this Agreement.

This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third-party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third-party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.

Relationship of the Parties: Photographer and any related subcontractors are not employees, partners, or members of Client’s company or organization. Photographer has the sole right to control and direct the means, manner, and method by which the Services in this Agreement are performed. Photographer has the right to hire assistants, subcontractors, or employees to provide Client with its Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes (including FICA), registrations, or permits. Client is not responsible for paying for any benefits, Workers Compensation, insurance, or unemployment fees to Photographer.

GENERAL PROVISIONS

Governing Law: The laws of Colorado govern all matters arising under or relating to this Agreement, including torts.

Notice: Parties shall provide effective notice (“Notice”) to each other, including any payments or invoices, via the following method of delivery at the date and time which the Notice is sent:

●      Photographer’s Email: mcreavyphoto@gmail.com

●      Client’s Email: See Agreement.

Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each Party remain legal and enforceable.

Merger: This Agreement constitutes the final, exclusive agreement between the Parties on the matters contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendments: The Parties may amend this Agreement only by the Parties’ written agreement with proper Notice.

Titles: The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.

Dispute Resolution: Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorized entity, such as the American Arbitration Association, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.