Terms & Conditions

DEFINITIONS

This Agreement is between Lux Coast Media. (referred to as “LCM") and the signee (referred to as “Client") which includes Client’s principals, employees, affiliates, and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. LCM’s relationship with Client is that of an independent contractor.

In cases where the Client is inherently not the direct client (i.e. an authorized representative), all references in this agreement to "Client" shall be interpreted as references to the agency, company or business in which Client or signee is employed or representing.

"Media" means all digital media materials, whether still or moving, created by LCM pursuant to this Agreement and includes, but is not limited to, negatives, prints, digital files, and videos that were created, captured, recorded, stored, or delivered, in any type.

COPYRIGHT & LICENSE TO USE

The copyrights for any and all Media created by the LCM, shall remain with the LCM. Media is licensed for specific use(s) and is not being sold. Any rights for ownership or use of Media not granted to Client within this document shall remain with LCM.

Client understands and agrees that it is not buying the Media but is paying only for a license to use the Media. The License to use the Media only applies to the Client(s) as agreed at the time of order: its benefit shall not be assigned to any third party without the LCM’s permission/ prior agreement. The License to use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Media before payment in full of the relevant invoice(s) without the LCM’s express permission. In the absence of an alternative license agreement between Client and LCM, the following shall stand as the standard Licensing Agreement for any and all Media.

All Media is licensed for uses discussed or inherently implied before its creation and/or delivery. Licenses only exist for a period of two years or the original life of the project. If a project is terminated and revived at a later time, Client may be required to renew any licenses for Media at LCM's discretion. Clients or Third Parties using Media with an expired license or a non-existing license will be requested to obtain a new license.

If after this initial request, Client or Third Party continue to use Media in a non-licensed manner, all uses will be considered as Copyright Infringements and will be handled accordingly. Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. The standard license entitles Client with the rights to use Media in direct mail (print & digital), on social media platforms, and company & regional websites for a period of 2 years from the date LCM first renders respective Media available to Client. Any Media may not be used in a logo, corporate identity, trademark or any other service mark(s). The use of any Media by Client will not constitute a work of joint authorship. Copyright metadata contained within any digital file may not be altered or removed, without the express consent of LCM. Unless otherwise agreed, LCM retains the right to use the Media for their self-promotion.

PHOTOGRAPHIC INTEGRITY and ALTERATIONS

Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Media, alone or with any other material, without the prior express permission of LCM. Normal reproduction adjustments for color, contrast, brightness, sharpness, and cropping are permitted. Any alteration or modification of any Media will not constitute a work of joint authorship.

FILE QUALITY

LCM is committed to providing high-quality services. Unless otherwise specified, LCM may deliver, and Client agrees to accept, the Media encoded in an industry-standard data format that LCM may select, at a resolution that the LCM determines will be suitable to the use(s) for which the Media is licensed. Due to variations in monitors, software and computer platforms, the Media may display differently on other monitors and devices. It is Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. Client has up to twenty-four (24) hours from initial delivery to request any changes in color, brightness, contrast, sharpness, or otherwise correctable aspects of the Media, within the LCM's abilities, without acquiring an additional fee.

GENERAL LIABILITY and RELEASES

LCM will take all reasonable care in the production of the Media and the performance of this agreement. But LCM will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Media. Client will indemnify, defend, and hold harmless, LCM, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Media. In any event, LCM's liability for all claims will not exceed the total amount paid under this Agreement. Client assumes the full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability. This limitation of liability will also apply in the event that any Media is lost or damaged through equipment malfunction, or otherwise, without the fault of LCM.

LCM is not responsible for obtaining model, property, trademark, copyright, or any other releases in connection with the Media unless specifically stated in this Agreement. Should LCM agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. LCM gives no warranty or guarantee as to the legal validity of any release.

It is Client’s responsibility to provide or acquire any and all permissions, consents, releases, licenses and/or authorizations needed for LCM to service a property, in writing. While it is left to Client’s discretion to determine the appropriate time frame in which such material(s) is rendered available to LCM, Client is required to render copies of any requested material(s) available to LCM within 12 (twelve) hours of receiving said request(s). In the event that such permissions are not provided to LCM in writing, Client assumes full legal responsibility for any claims or damages brought against LCM in regard to lack of permissions, releases or consent to access and/or create & use Media of property(s).

STORAGE OF MEDIA

Upon 48 hours following LCM proving Client with access, LCM retains the right to remove Media from any online gallery or digital download link provided to Client. LCM will do their best to keep an original copy of raw or unedited Media for up to one (1) year, and the edited/ delivered version for up to one (1) month following its delivery. LCM has no obligation to retain or archive any Media after it has been delivered to Client. Client is aware that any form of digital data storage can inherently become unstable.

While LCM may choose to archive the Media, it is Client’s responsibility to properly collect and archive the Media for the duration of the term of the license. LCM cannot guarantee the availability of any Media beyond the date of delivery to Client. Client hereby releases LCM from any liability for any claims, damages, or costs, arising from any media supplied by LCM becoming unusable or unavailable.

If Client wishes to have any changes done to or duplicates made after 48 hours of receiving access to Media, a retouching fee will be applied at LCM's discretion. All digital files created by, or on behalf of, LCM that contains any Media must be deleted or destroyed within ten days following the expiration date of their respective license(s).

CLIENT'S ATTENDANCE / PROPERTY ACCESS

Client is responsible for sending an authorized representative to the assignment. In the case of no representative present or available at the time of the shoot, Client is obligated to make the entire requested facilities or property accessible to the photographer. This needs to be done by either arranging the delivery/placement of proper keys or ensuring the timely delivery of all relevant access codes.

EXTENSIONS TO ESTIMATES

Where extra expenses or time are incurred by the LCM as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall approve and be liable to pay such extra expenses or fees at the LCM's normal rate to the LCM in addition to the expenses as having been agreed or estimated.

PAYMENT

Client shall make payment on any relevant invoice(s) between the time of receiving said invoice, and the twenty-four (24) hours after the arranged shoot. Adjustments of amounts or terms must be requested within one (1) day of receiving an invoice. In the case that Client receives an invoice less than twenty-four (24) hours before the requested shoot time, Client has till one (1) hour before LCM begins departure to the location.

Late payments will be charged a late fee for every week that the payment is late. For invoices or estimates under $1,000, the fee is $50, and for over $1,000 the weekly rate is $100 per week for the first four weeks. After the first four late fees, the weekly rate ramps up to 10% of the total remaining balance.

Any invoices for orders over $200 may be required to pay a nonrefundable initial payment of twenty-five percent (25%). This payment is required within 24 hours of initially receiving the invoice(s).

No licenses for the use of any Media shall be granted unless and until LCM has received full payment, including, if applicable, any late payment or additional charges. Unless otherwise agreed to, the use of any Media prior to full payment will be considered unauthorized use. Client agrees that the reasonable and stipulated amount that will be paid to LCM for such unauthorized use may be up to double the final invoice total plus an additional $10 per piece of media (i.e. image, video, virtual tour, or any other form of media). In some cases, usage rights may be granted in writing before full payment. However, LCM reserves the right to rescind any rights granted if Client fails to make timely payment.

LCM does not provide any receipts to Client. LCM's invoice will serve as Client’s receipt for work performed and services rendered. Bank transfer fees are the responsibility of the Client.

CANCELLATION/ POSTPONEMENT

A booking is considered firm from the date of confirmation and accordingly, the LCM will, at his discretion, charge a fee for cancellation or postponement.

If notice of cancellation or postponement is given less than one (1) business day prior to the shoot date, Client will be required to pay the related session fee for the appointment. However, if notice of cancellation or postponement is given on the same day as the appointment, they will be responsible for paying twice the amount of the session fee plus any additional travel fees or incurred expenses as compensation for the loss of LCM's ability to rebook the same time.

While Client isn’t responsible for paying the session fee in the case of cancelation or postponement due to poor weather, if LCM reaches out to Client about potentially rescheduling the appointment, and Client declines, only for the weather to force the appointment to be canceled or postponed, Client will then be responsible will still be due to applicable fees based on the proximity to appointment.

RESHOOTS

If Client requires a reshoot, Client will pay LCM an additional fee of one hundred (100%) percent of the fee stated in the quote or invoice for the original shoot, plus all expenses for the reshoot.

If a reshoot is required due to factors beyond the control of LCM, including but not limited to, weather conditions, acts of God, or the fault of a third party, LCM will not charge an additional fee and Client agrees to pay all expenses for the reshoot.

AUTHORSHIP CREDIT

All published usages of Media (whether in print, on the internet or otherwise) will be accompanied by written credit to LCM in reasonable proximity. Credit will not be required on Client’s websites. No Client or third party is to attempt to assume or transfer the authorship of any Media. Failure to adhere to this stipulation will render any and all licenses owned by Client null and void.

UNLAWFUL RESELL

Any profits made by Client from wrongfully reselling Media or licenses for use to a third party shall be provided to LCM. This payment does not constitute the purchase of licenses or rights for Media use by the third party from LCM. Upon receiving payment from Client for wrongful resell, LCM shall work with the third party to reach an agreement surrounding the previous, current, and future license(s), rights to use, and refunds. Client retains sole responsibility for any damages brought to the third party from the wrongful resell of Media, licenses, or rights.

FAILURE TO PERFORM

If LCM is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, LCM will return any fees paid by Client and will have no further liability with respect to this Agreement. LCM will not be responsible or liable for any other damages beyond the amount of this Agreement.

ACCEPTANCE OF TERMS

Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon and inures to the benefit of, Client and LCM, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees are jointly and severally liable for the performance of all payments and other obligations hereunder.

No amendment or waiver of any items is binding unless outlined in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Media, fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.

If any provision of this Agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

In addition to oral and written agreements, use of any Media by Client will constitute acceptance of all the above terms and conditions.

This Agreement constitutes the entire and only agreement between LCM and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.

KEY Points

While it is Client’s responsibility to read and understand these terms and conditions in their entirety, The LCM has elected to address a few key points that commonly go unread. 

Payment

• Payment is due within 24 hours following the completion of the shoot.

• Media, licenses, and rights will not be released until payment is received by the LCM. Using delivered media before payment has been made will lead to additional fees.

• If Client does not make full payment within this time, LCM retains the right to charge late fees.

• The fee for late payments starts at $50 a week for every week that payment is delayed

• Cancellations or postponements may incur additional fees based on the proximity to the appointment.

Delivery

• Client has 24 hours following the delivery of Media by LCM to request any changes be made to Media.

• Any changes past this window may incur an additional fee of an undetermined amount, to be charged at LCM’s discretion.

• Client has 48 hours from receiving Media to download and store copies before LCM retains the right to remove Media from any online galleries, or servers.