Commercial Terms of Service
Contracted package
Includes all services described in selected package details reviewed and distributed to clients. Any additional services/products requested by the client incurred by Mark Jacobs Productions will be billed directly to client at cost. All services contracted cannot be deducted, but additional services can be added.
For your convenience, payments to Mark Jacobs Productions can be made through your online account. Total cost must be paid in full before media can be downloaded.
Expiration
RFQ (Request For Quote) is valid for 15 days.
Provided Documentation
All documentation created and provided to client is owned and copy written by Consultant and cannot be used or given to any other 3rd party.
Hotel Accommodations
Rehearsal and Day of Event accommodations (1 room with 2 double beds for 2 days or 2 rooms with 1 double bed for 2 days) are required within 10 – 15 miles of site in a safe location for all employees of Consultant working the events for any events located further than 100 miles from the studio.
Destination
For all events deemed as destination (taking place beyond 100 miles from studio), additional travel fees are applicable, such as mileage, round trip airfare, hotel stay for 4-5 days & 3-4 nights pending complexity, and car rentals from airport and back during the stay. All travel can be arranged by clients per specifications of Consultant or arranged by Consultant with agreement of payment invoiced.
Retainer
An initial retainer of 50% of the total cost will be paid prior to any services being performed by Mark Jacobs Productions. Balance due before client can download media.
Exclusivity
Exclusivity. Client understands and agrees that he or she has hired Provider exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Provider hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.
Intellectual Property
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with this Agreement, Provider owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of Provider business.
Permitted Uses of Product(s). Provider grants to Client a non-exclusive license of product(s) produced with and for Client for personal and business use so long as Client provides Provider with attribution each time Client uses Provider's property.
Client may also purchase copyrights for an additional one time copyright transfer fee if client desires an exclusive license and not to provide attribution.
Artistic Release
Style. Client has spent a satisfactory amount of time reviewing Provider's work and has a reasonable expectation that Provider will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Consistency. Provider will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Provider current portfolio and Provider will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
1. Every client and event is different, with different tastes, budgets, and needs;
2. Photography services are often a subjective art and Provider has a unique vision, with an ever- evolving style and technique;
3. Provider will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
4. Although Provider will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Provider shall have final say regarding the aesthetic judgment and artistic quality of the Services;
5. Dissatisfaction with Provider's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
Limit of Liability
Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Provider shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Provider and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Provider provides to Client.
Cancellation, Rescheduling and No-Shows
Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Provider to render Services due to the fault of the Client or parties related to Client, such as failure of one or more essential parties to show up in a timely manner, Client shall provide notice to Provider as soon as possible via the Notice provisions detailed in this Agreement. Provider has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Provider to provide the Services due to the fault of Client (or parties related to Client), and Provider will not be obligated to refund any deposits/monies Client has previously paid towards the Total Cost. There may be additional fees charged to reschedule. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the media session/event, or should it become impossible for Provider to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Provider is able to secure another, unrelated client for media session/event, then Provider may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.
Impossibility
Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in eect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within [number] days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent eorts to end the failure or delay and ensure the eects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of [number] days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.
Failure to Perform Services. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
2. Attempt to find another competent professional to take its place with the mutual agreement of Client(s); 3. If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered; and
4. Excuse Client(s) of any further performance and/or payment obligations in this Agreement.
Appropriate Conduct/ Safe Working Environment:
Project. The Client(s) expressly agree(s) to take best efforts to provide [Provider] and Provider’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either [Provider] or a bystander to present a threat or implied threat of injury or harm to [Provider] staff or equipment, the [Provider] reserves the right to cancel all services remaining under this Agreement and leave the event. At the [Provider]’s discretion, the [Provider] may enact a three-strike policy. After the first offense, the [Provider] will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), [Provider] shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, the [Provider] will immediately leave the event. If the [Provider] leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold [Provider] harmless as a result of incomplete event coverage, or for a lapse in the quality of the [Provider’s] work, and the Client(s) shall be responsible for payment in full.
Non Project. The Client(s) expressly agree(s) to take best efforts to provide [Provider] and Provider’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to [Provider] staff, [Provider] will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, [Provider] shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold [Provider] harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the [Provider’s] work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether [Provider] resumes work detailed in this Agreement.
Health & Safety. Client(s) further understand that [Provider] complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the [event/wedding/session] Client(s) and Client(s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request the [Provider] to do anything illegal or unsafe. Further, [Provider] will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas aected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, [Provider] reserves the right to end service coverage immediately and/or leave the [event/wedding/session]. [Provider] shall be entitled to retain all monies paid and Client(s) agree to relieve and hold [Provider] harmless as a result of incomplete event coverage, or for a lapse in the quality of the [Provider’s] work.
Right to Refuse
Mark Jacobs Productions reserves the right to refuse service at any time for any reason. At any time Mark Jacobs Productions can terminate the relationship with or fire a client for overdue invoices, poor communication, unreasonable request, or bad attitudes.
General Provisions
Governing Law. The laws of NC govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:Provider’s Email and Clients Email.