FLYSHOTS BY FRANKLIN, LLC
TERMS AND CONDITIONS
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
An initial retainer/deposit fee of $100 (which is non-refundable) of the total cost of your requested service, and this AGREEMENT, must be signed to reserve the requested date by the CLIENT to be performed by FLYSHOTS, LLC. The retainer fee will be applied towards the price of the CLIENT(S) session. Upon the CLIENT(S) signature, FLYSHOTS, LLC will reserve the time and date agreed upon and will not make other reservations for that time. CLIENT understands that by entering into this AGREEMENT, FLYSHOTS, LLC is foregoing other photographic jobs.
If it is not possible for a session to take place on a scheduled day due to weather, FLYSHOTS, LLC, and CLIENT will reschedule on an agreed date, with no additional charge. FLYSHOTS, LLC reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control. If FLYSHOTS, LLC cannot perform the services in whole or in part due to a fire or other casualty acts of God or nature or terror, or other cause beyond control or due in part to illness or injury, a reasonable effort will be made to reschedule the portrait session at the earliest possible date.
ESTIMATES AND QUOTES:
Any prices quoted to the CLIENT are for the original job description and specifications given to FLYSHOTS, LLC. FLYSHOTS, LLC reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before, during, or after the portrait session. FLYSHOTS, LLC will provide an indication of what these additional charges will be.
TIME & LATE FEES
CLIENT agrees and understands that the start time agreed upon is the time the session begins. If the CLIENT is late for any reason, this time is deducted from their session. If a CLIENT is more than 30 minutes late, FLYSHOTS, LLC has the right to leave and the deposit will not be refunded. If the CLIENT wants to reschedule after FLYSHOTS, LLC has left, they must pay an additional deposit fee. There will be an added charge of twenty-five ($25) per 30 minutes a CLIENT is late to any scheduled session, if FLYSHOTS, LLC is asked to stay behind. If FLYSHOTS, LLC is late for any reason, that time will be added to the CLIENT(S) session. If the CLIENT decides to leave after thirty (30) minutes, FLYSHOTS, LLC will either refund the deposit or move the date without an additional booking fee.
There shall be no refund of the retainer fee after the signing of this AGREEMENT. If the session is canceled within one (1) week of the reserved date, the CLIENT shall pay the balance of the contract due to the high probability that the FLYSHOTS, LLC will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the CLIENT and FLYSHOTS, LLC. Cancellation must be in writing even if a phone call was made to inform the FLYSHOTS, LLC of the cancellation.
If the CLIENT(S) session is less than 40 miles outside of Lexington, KY, 40508, the CLIENT shall not incur any travel fees. If the CLIENT(S) session is in excess of 40 miles outside of Lexington, KY, 40508, where FLYSHOTS, LLC will be driving, CLIENT shall be invoiced $50 per hour, round trip, for every hour of travel. If the CLIENT(S) session is in excess of five (5) hours outside of Lexington, KY, 40508, where FLYSHOTS, LLC will have to fly, CLIENT shall receive a custom travel invoice. CLIENT shall be responsible for travel costs, including but not limited to airline reservations, hotel reservations, local transportation, and a per-day food stipend for FLYSHOTS, LLC.
Are not limited to, but may include:
Invoices that are attached to this AGREEMENT or emailed to the CLIENT can be paid via Cash, CashApp, Zelle, Venmo or by Check made payable to FlyShots by Franklin, LLC. All payments are due in full before the start of the CLIENT(S) session unless prior payment arrangements have been arranged.
If any check offered by CLIENT to FLYSHOTS, LLC in payment of any amount due under this Agreement is returned for lack of sufficient funds, a “stop payment” or for any other reason, CLIENT will pay FLYSHOTS, LLC a returned check charge of fifty dollars ($50) plus any fees assessed by the banking institution as a result of the returned check.
LOSS OF IMAGES
FLYSHOTS, LLC takes the utmost care with respect to the exposure, retouching, and transference of digital images. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond FLYSHOTS, LLC control, liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged.
CLIENT has reviewed or is familiar with FLYSHOTS, LLC’s portfolio and is requesting services with knowledge of shooting style and is CLIENT, therefore, acknowledges that the images shall not be subject to rejection based on taste, aesthetic criteria, or personal appearance. CLIENT also acknowledges that FLYSHOTS, LLC requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.). CLIENT understands that FLYSHOTS, LLC’s services rendered in the past are unique to each CLIENT and that certain poses created may or may not be duplicated.
ARCHIVAL OF IMAGES:
Digital files exclusively selected by FLYSHOTS, LLC for CLIENT(S) final gallery will be delivered in high resolution, via online download or USB ($25 plus S & H). Starting one (1) month or thirty (30) calendar days after delivering the images to the CLIENT, FLYSHOTS, LLC has no responsibility to maintain copies of the images. It is the CLIENT(S) duty to copy images to a USB, cloud service, or desktop computer to avoid loss of images for future usage.
CULLING + EDITING
After the portrait session, each image is put through a careful selection process, where FLYSHOTS, LLC selects images that meet her high standards of quality. Images with eyes closed, unflattering poses, and duplicate images are removed permanently immediately after FLYSHOTS, LLC completes this culling process. CLIENT acknowledges that FLYSHOTS, LLC retains complete control over the culling and editing process. FLYSHOTS, LLC color corrects and does portrait editing on all delivered images in Adobe Lightroom and/or Adobe Photoshop.
ADDITIONAL IMAGES/RAW IMAGES
FLYSHOTS, LLC does not guarantee a portrait minimum number of images in the CLIENT(S) final portfolio. Under no circumstance will FLYSHOTS, LLC release RAW images to CLIENT. Only preeminent images that meet the FLYSHOTS, LLC standard of excellence taken at the CLIENT(S) session will be published in the final portfolio, and all other images are deleted during the culling process. Therefore, no additional images can or will be released to CLIENT. Unprocessed raw files will be purged on the date of processed and edited files are delivered to the CLIENT.
For good and valuable consideration, receipt of which is hereby acknowledged, CLIENT grants to FLYSHOTS, LLC his heirs, successors and assigns an unlimited permission to license, use, reproduce and distribute images of me and/or my property, in any country, at any time, in any media, for any purpose. Such permissible use may include but is not limited to commercial use, personal use, advertising, trade, exhibition, competition, promotion, marketing, stock photography, product packaging, video, print, publication or editorial work. CLIENT understands and agrees that their images may be altered and modified to the point where they may even be unrecognizable. CLIENT images may be combined with other pictures, text or graphics. CLIENT understands that their name or an alias name may be associated, tagged, or referenced with their images. CLIENT also understands that they will have no right to inspect or approve the final use of their images or copy that may accompany it. CLIENT agrees that they have absolutely no right to compensation for use of their images. CLIENT will make no claim against Anthony Franklin or his assigns for compensation relating to the use of their images. CLIENT agrees that this AGREEMENT will be binding not only upon themselves but upon their heirs, successors and assigns as well and that this release is irrevocable and enforceable worldwide, to the fullest extent possible under the law. Any dispute relating to this AGREEMENT will be governed by the laws of the State of Florida, USA. By signing below, CLIENT hereby release, acquit, indemnify, hold harmless and discharge the Anthony Franklin, his employer, heirs, agents, successors and assigns, from any damages, actions, claims, attorney fees, costs and suits arising in any way whatsoever from the uses permitted and described more fully above that may arise in any way whatsoever from the use of my images. CLIENT represents and warrants that they are at least 18 years of age and have the full legal capacity to execute this model release.
WAIVER OF LIABILITY RELEASE:
CLIENT is hereby waiving, releasing, and discharging FLYSHOTS, LLC and all its affiliates, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me or my family including my traveling to and from this event. FLYSHOTS, LLC is not responsible for any injuries inflicted upon any participating parties and the CLIENT will be responsible for their children and for themselves. CLIENT affirms that each person is participating voluntarily in the said portrait photography session and forfeit all right to bring a suit against Anthony Franklin or FLYSHOTS, LLC for any reason. FLYSHOTS, LLC is not responsible for uncooperative parties. It is understood that the behavior of children is unpredictable, however, FLYSHOTS, LLC is not liable if children do not cooperate during sessions.
Any controversy or claim arising out of or relating to this AGREEMENT, or a breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to FLYSHOTS, LLC’s home address and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Under no circumstances shall an award in an arbitration exceed the amount contained in this AGREEMENT.
If FLYSHOTS, LLC has to bring an action regarding this AGREEMENT against the CLIENT to secure the specific performance of this AGREEMENT, collect damages for breach of this AGREEMENT, or otherwise enforce or interpret this AGREEMENT, FLYSHOTS, LLC shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
COPYRIGHT AND OWNERSHIP
Any and all photos created by FLYSHOTS, LLC are protected under Federal Copyright Laws and are the sole property of FLYSHOTS, LLC. In ordnance with U.S. Copyright Act of 1976, Title 17 under U.S. Code, FLYSHOTS LLC, retains these rights even if image files are turned over to the CLIENT. It is a violation of federal copyright law to copy, scan, or allow photographs created by FLYSHOTS, LLC to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without FLYSHOTS, LLC express written permission. Violators of this Federal Law will be subject to civil and criminal penalties. FLYSHOTS, LLC will have the exclusive right to make reproductions including but not limited to website, portfolio samples, self-promotion, magazine editorial use, advertisement/marketing and professional competition without further release. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums.
To the fullest extent permitted by law, the CLIENT agrees to defend, indemnify, and hold harmless FLYSHOTS, LLC, including its trustees, officers, members, directors, employees, servants, and agents, against loss, damages, claims, suits, liabilities, judgments, costs, and expenses without limitation, all reasonable attorneys' fees and expenses that may accrue against the indemnified party, including its trustees, officers, members, directors, employees, servants and agents which is approximately caused by the negligence or willful misconduct or any breach of representation arising from conduct, management or performance of any activities by CLIENT, CLIENT guests, CLIENT agents, or by any of CLIENT vendors. In the event, any such claim is made, and upon notice from FLYSHOTS, LLC, the CLIENT agrees to reimburse FLYSHOTS, LLC for the cost of defending such action or proceeding, using counsel satisfactory to FLYSHOTS, LLC. This provision shall survive the termination of this AGREEMENT.
SEVERABILITY OF TERMS
If the court of law having jurisdiction, rules that any provision of the AGREEMENT unlawful, void, or for any reason unenforceable then that provision will be removed from this AGREEMENT and the remaining terms will continue to be valid.
This AGREEMENT is not to be construed as an employment arrangement in any way. FLYSHOTS, LLC functions as an independent contractor.
Any images posted on social media, blogs, or websites require a proper tag or reference to FLYSHOTS, LLC(S) social media or website. CLIENT also agrees not to crop (with the exception of forced cropping), alter in color, edit in any way, or apply any social media filters on the images provided by FLYSHOTS, LLC. A CLIENT(S) failure to properly give a reference or alter any image taken by FLYSHOTS, LLC therefore, constitutes a breach of this AGREEMENT.
STANDARD PRICE LIST
The charges in this agreement are based on the FLYSHOTS, LLC Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
This agreement will prohibit the CLIENT from doing the following:
CHANGES TO THIS AGREEMENT
CLIENT may request additional services (i.e. more time, videography, etc.) on the portrait date, provided there is availability during the time requested. However, there will be additional fees added on to the final balance and must be paid in full by the CLIENT prior to the delivery of the finished product or images. Additionally, the CLIENT may not decrease the period of FLYSHOTS, LLC’s services on the portrait date.
This AGREEMENT, including any documents referred to herein, constitutes the entire and exclusive statement of AGREEMENT between FLYSHOTS, LLC, and CLIENT with respect to its subject matter, superseding any and all previous proposals, representations or statements, oral or written. In entering into this AGREEMENT, neither party has relied upon any statement, representation, warranty, nor AGREEMENT of the other party except for those expressly contained in this AGREEMENT. Any representations, warranties, or promises alleged between the parties pertaining to the subject matter of this AGREEMENT that differs in any way from this AGREEMENT’s provisions are of no effect. The provisions of this AGREEMENT may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. There are no conditions precedents to the effectiveness of this AGREEMENT other than those expressly stated in this AGREEMENT.