Legal Definitions

A) The client whose name is specified on the invoice the website (here-in-after referred to as “the Client”) has hereby commissioned Ashlyn Kudransky Visuals (hereinafter referred to as AKV) to supply or create and deliver photography. “Image(s)” means all viewable renditions furnished by Ashlyn Kudransky Visuals hereunder, whether captured or stored in photographic, magnetic, optical, or any other medium whatsoever.

Art Direction / Creative Direction

If The Client does not tell AKV how they would like their images to look, then AKV and The Client are under the agreement that imagery is to be shot per the photographer’s aesthetic and preference. If AKV shoots an image the way The Client requests and upon review, The Client requests new imagery that is categorically different, then a new photography session will need to be ordered with additional payment.

A) AKV is able to offer this low-cost service and quick turn around because it is unencumbered by on-set art direction. Therefore, on-set art direction falls under campaign pricing which can be found here.

B) Art direction is defined as the client or client’s representative, either on set or virtually, approving or disapproving each photograph as it is photographed and giving live real-time direction of the shoot. Any client based interaction, which will hinder this unique process will be a violation of the terms and conditions. If client wishes to have a more interactive art direction experience, see campaign pricing here.

C) Direction of how the images are to be photographed must be specified in the notes section in writing done during the ordering process or in a separate email, or as directed by the confirmation email. Comparative imagery, drawings, illustrations, tear sheets, cell phone images, reference URL’s are required to help guide the photographers.

D) If the product was photographed per the example image provided by The Client in style and position and The Client changes their mind and wants a different “look” or object position than what was specified before shooting, then additional imagery will be billed on time and materials basis.

E) If no example or “guide images” are provided then the client losses the right to a refund, revision or approval.

100% Refund Policy, Revisions and Image Approval/Disapproval

A) The client will be given the chance to approve or disapprove a “Pre-Approval image” within the framework of the “guide images provided by the client” at the conclusion of the photo shoot via email or phone call when the images are posted to the download site or sent to the client electronically, not before. The product in the disapproved image may be re-photographed or re-retouched up to 1 times or the client may choose to receive a 100% refund.

B) Disapproval must be expressed in detail in a phone call or email and very specific changes must be made clear.

C) If the disapproved image has been re-photographed or re-retouched 1 times, the photographer may choose to refuse additional changes and issue a full refund, force closing the job.

D) Using the images after a refund or force closing of a job is a violation of copyright law and such violations will be pursued.

E) Usage of the image constitutes approval of the images.

F) The client may not request a refund, changes or reshoots after the client has approved the final images.

G) Images not downloaded after 30 days will be considered orphaned, the product forfeited and job closed. No refunds will be offered.

H) Images that are disapproved are no longer liable to the 5-7 business day turn around time or rush time.

I) Reshoots will be redone in 5-7 business days or less from the time detailed directions are received.

F) All refunds are issued to their original form of payment.

G) Balances on any order or individual account will remain for the life of the business, but can only be refund if requested within 180 days. After 180 days, balances cannot be refunded, but will remain as a credit for any future orders.

Product Quality and Resulting Image

A) AKV will photograph the item as it arrives at the studio. If the item has flaws, mis-labeled, “waves” in the labels, nicks in the package or products, scuffs, scratches, manufacturing defects, inherent damage, it will be photographed as such. Additional retouching may be requested for separate fee.

B) If the item arrives unacceptably damaged as determined by our receivables department, you will be contacted and given a chance to send a new item to be photographed.

C) AKV may retouch certain minor flaws inherent in the product but it is not required too. Heavy retouching incurs additional prorated $100 per hour retouching fee.

D) AKV will propping for photoshoot and costs for props is typically covered within subscription set up fee. Clear direction is required, preferably in the form of a cell phone photograph of the setup. Additional charges may apply.

Completion of the project and Closing of the Order

Upon delivery of the final images, you have (2) two business days to inform us if you have any issues or concerns with the final images. Project is considered completed and the order will be closed (2) two days after the online delivery of final images to you.

Turnaround Time & Delays

A) Turn around times begin upon receiving of the products at the AKV Studio.

B) AKV will deliver within a 15-30 day turn around, however, AKV will not be held responsible for delays due to act of God or terrorism.

C) Rush turn around times can be requested for additional fee.

Payment & Cancellation

A) The Client must pay 100% costs up front through the subscription program.

B) The Client can determine billing cycle details through subscription sign up (i.e. 15 or 30 day billing cycle or specific calendar day).

C) If The Client wants to cancel photo membership, 30 day notice must be submitted via email at connect@ashlynkudransky.com

Non-Payment

If payment for our services is not rendered, we may take legal action to collect payments due. We may also exercise our rights under the Digital Millennium Copyright Act to issue takedown notices requesting the removal from website(s), any Content we’ve delivered to you which has gone unpaid. We may also seek injunctive relief to prevent unpaid Content from being published, reproduced, or displayed. Additionally, we may pursue legal action for actual, statutory, and punitive damages for copyright infringement if you publish or use our Content without remitting payment.

Taxes

You agree to be responsible for and pay any and all applicable sales, use, or value added taxes, or duties imposed by any jurisdiction as a result of the work performed for you by us or in connection with any license we grant to you.

Image Ownership And Usage & Copyright

Summary:

At AKV we maintain ownership over the copyright. We grant world-wide, unlimited usage rights for an unlimited amount of time, in an unlimited amount of mediums and alterations for promotional and advertising usage of the company that made the order.  This is the most usage that can be given and it is included in the price.

Without ownership you would only be restricted from selling the copyright of the images to others and filling lawsuits against those that use the images without permission.  If you feel that you still need the copyright we do sell the copyright for an additional $20 per image however if you don’t plan on doing the above 2 things, it may not benefit you.

However, if you are mostly concerned about us sharing the images, we are more than happy to agree to not share them on our website or with anyone. We can sign an NDA if needed. Please inform us of any restrictions on sharing imagery.

Additional Information available at the ASMP web site: http://ftp.asmp.org/articles/working-assignment-photographer.html#.WoN3MiOZPfA

A) All photographs and rights remain the exclusive property of AKV

B) Ownership is different from usage and the client is given world-wide, unlimited usage rights for an unlimited amount of time, in an unlimited amount of mediums and alterations for promotional and advertising usage of the company that made the order.

C) The client may not, however, re-license or sell ownership of the images to others as their own.  This includes reselling the images or placing them in stock for profit and it is a violation of the copyright agreement.  The client may allow other retailers such as Amazon or selling sites to use the images to promote the sale of their products.  

D) The clients competitors are not allowed to use the images captured for the client on their marketing or on any retailer’s site to promote an exact same product and AKV will not provide the exact images to the clients competitors.  This is a violation of copyright and AKV can issue a cease & desist order on behalf of the client in this case.

E) If a competitor hires AKV to photograph the exact same product, the product will be re-photographed and new images will be provided to the competitor even if it is styled in a similar manner.

F) AKV will not share or distribute images that the customer has explicitly noted in an email that we should not share.

Image Sizing & Resolution

A) Image delivery types are picked by the customer and are defined on a set up email.

B) AKV will not be held responsible for resizing or reformatting images to fit the clients wide range of possible uses.  The image sizes are delivered in large format to enable the majority of standard uses, for example on a website, in a standard sized catalog or printed in a magazine.

C) AKV will not deliver layered PSD files. The .tif format (also known as .TIFF) carries all the same properties of a PSD file but at a smaller file size. AKV uses advanced retouching techniques and those layers will not be delivered as they are flattened in the retouching process and are mostly unusable except during processing.

D)  AKV will not deliver raw file. AKV uses advanced retouching methods far beyond a single capture image often blending multiple raw files with many layered Photoshop elements.  

Shipping or Dropping off products for Photography

A) The shipping of products or props to and from AKV is the sole financial and physical responsibility of the client.

B) AKV will not be held responsible for damaged goods in the shipping process.

C) The Client assumes full risk of loss or damage to or arising from materials furnished by the client hereunder and warrants that said materials are adequately insured against loss, damage or liability. The client shall indemnify the Photographer against all claims, liability, damages, and expenses incurred by the photographer in connection with any claim arising out of the use of said materials hereunder.

This Agreement Is Binding

The Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of AKPS, Client, Client’s principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and the Client is bound by, oral authorizations for fees or expenses, which could not be confirmed in writing because of insufficient time. This agreement incorporates, by reference, Article 2 of the Uniform Commercial Code and the Copyright Act of 1976, as amended.