Terms of Service

 
Terms and Conditions 
Effective April 20, 2021
 
[1] “Image(s)” means all viewable renditions furnished by Samantha Rager hereunder, whether captured or stored in photographic, magnetic, optical or any other medium whatsoever. 
[2] All Images and rights therein, including copyright, remain the sole and exclusive property of Samantha Rager. Unless otherwise provided herein, any grant of rights is limited to one (1) year from the date hereof and to the territory of the United States. 
[3] Client assumes insurer’s liability (a) to indemnify Samantha Rager for loss, damage, or misuse of any Images, and (b) to return all Images prepaid and fully insured, safe and undamaged, by bonded messenger, air freight, or registered mail, within thirty (30) days after the first use thereof as provided herein, but in all events (whether published or unpublished) within thirty (30) days after the date of final licensed use. Client assumes full liability for its principals, employees, agents, affiliates, successors and assigns (including without limitation independent contractors, messengers and freelance researchers) for any loss, damage, delay in returning, or misuse of the Images.  
[4] Reimbursement by Client for loss or damage of each original photographic transparency or film negative shall be in the amount of One Thousand Five Hundred Dollars ($1,500), or such other amount set forth next to said item on the attached schedule. Reimbursement by Client for loss or damage of each other item shall be in the amount set forth next to said item on the attached schedule. Photographer and Client agree that said amount represents the fair and reasonable value of each item, and that Photographer would not sell all rights to such item for less than said amount. Client understands that each original photographic transparency and film negative is unique and does not have an exact duplicate, and may be impossible to replace or re-create. 
[5] Samantha Rager shall receive credit for Images as specified on the face hereof unless no placement is specified. 
OPTION: [6A] Client will not make or permit any alterations, including but not limited to additions, or subtractions or adaptations in respect of the Images, alone or with any other material. OR 
[6B] Client may not make or permit any alterations, including but not limited to additions, subtractions or adaptations in respect of the Images, alone or with any other material, except that cropping, and alterations of contrast, brightness and color balance, consistent with reproduction needs may be made. OR 
[6C] Client may make or permit any alterations, including but not limited to additions, subtractions or adaptations in respect of the Images alone or with any other material, subject to the provisions as stated in [7] below. 
[7] Client will indemnify and defend Samantha Rager against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of any use of any Images for which no release was furnished by Samantha Rager, or any Images which are altered by Client. Unless furnished, no release exists. Samantha Rager’s liability for all claims shall not exceed in any event the total amount paid under this invoice. 
[8] Client assumes full risk of loss or damage to or arising from materials furnished by client hereunder and warrants that said materials are adequately insured against such loss, damage, or liability. Client shall indemnify Samantha Rager against all claims, liability, damages and expenses incurred by Photographer in connection with any claim arising out of use of said material hereunder. 
[9] Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of Samantha Rager, Client, Client’s principals, employees, agents and affiliates, and their respective heirs, legal representatives, successors and assigns. Client and its 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 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. 
OPTION: [10A] Except as provided in (11) below any dispute regarding this agreement shall be arbitrated in Los Angeles, California under rules of the American Arbitration Association and the laws of California. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $10,000.00 or less may be submitted without arbitration to any court having jurisdiction thereof. Client shall pay all arbitration and court costs, Photographer’s reasonable legal fees, and expenses, and legal interest on any award or judgment in the event of any award or judgment in favor of Photographer. OR 
[10B] Except as provided in [11] below, any dispute regarding this agreement shall be adjudicated in Los Angeles, California under the laws of California. Client shall pay all court costs, Samantha Rager’s reasonable legal fees, and expenses, and legal interest on any award or judgement, in the event of any award or judgment in favor of Samantha Rager. OR 
[10C] Except as provided in (11) below any dispute regarding this agreement shall be, at Samantha Rager’s sole discretion, either (1) arbitrated in (use 10A language), or (2) adjudicated in (use 10B language). 
[11] Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Samantha Rager under the Copyright Act of 1976, as amended. 
[12] In the event a shoot extends beyond eight (8) consecutive hours, Samantha Rager may charge for such excess time of assistants and freelance staff at the rate of one-and-one half their hourly rates. 
[13] Reshoots: Client will be charged 100 percent fee and expenses for any reshoot required by Client. For any reshoot required because of an act of God or the fault of a third party, Photographer will charge no additional fee, and Client will pay all expenses. If Photographer charges for special contingency insurance and is paid in full for the shoot, Client will not be charged for any expenses covered by insurance. A list of exclusions from such insurance will be provided on request. 
[14] Cancellations and postponements: Client is responsible for payment of all expenses incurred up to the time of cancellation, plus 50 percent of Samantha Rager’s fee. If notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100 percent fee. Weather postponements: Unless otherwise agreed, Client will be charged 100 percent fee if postponement is due to weather conditions on location and 50 percent fee if postponement occurs before departure to location.