TERMS AND CONDITIONS
The copyright Designs and Patents Act assigns the copyright of the images to the photographer.
All photographs and videos covered under contract are subject to display to promote the business on social media, printed media, and/or website.
CREATIVE LICENSE, COVERAGE, AND REPRODUCTION
Photographs taken during the course of the event will be at the discretion of the photographer. Every effort will be made to comply with the clients requirements.
SERVICE FEE: The service fee shall be outlined in the invoice. The service fee will encompass only items and/or services included within the invoice. No items/services shall be agreed to outside of the invoice wether written,
oral, or applied. UtopianMGAStudio will be under no duty to perform any obligations under this Agreement until such time as Client has paid the service fee in full.
CHANGE OF DATE
If subsequent to this Agreement, the Client changes the date of service, UtopianMGAStudio will make best efforts to accommodate the Client and provide services on the changed date. If UtopianMGAStudio is not available on the new event date, UtopianMGAStudio shall be entitled to keep the deposit, or 25% of the total Service Fee and neither party shall have any further liability or obligation under this Agreement. If Client reschedules event, and the new date is in the following calendar year, any new pricing in effect at that time shall apply and will be included in the invoice.
If Client cancels the event or the Agreement, Client shall immediately notify UtopianMGAStudio of cancellation in writing within 7 days of the event. All deposits are non-refundable.
Neither UtopianMGAStudio nor Client shall be held responsible or liable if the fulfillment of any terms or provisions of this Agreement are delayed or prevented by revolutions or other disorders, fires, floods, acts of God, or without limiting the foregoing by any other cause not within the control of the party whose performance is interfered with, and which by the exercise
of reasonable diligence, the party is unable to prevent, whether of the class of causes enumerated before or not. In the event the events contemplated by this paragraph occur, UtopianMGAStudio shall be entitled to keep the deposit and 25% of the Service Fee to UtopianMGAStudio for the value received.
DAMAGE TO EQUIPMENT
Client acknowledges that it shall be responsible for any damage or loss to UtopisnMGAStudio’s equipment caused by:
any misuse of equipment by Client or guests
any form of theft or disaster including but not limited to fire, floods, or earthquake
The client further acknowledges the provider shall have the express right to decline services to client’s guest either invited or uninvited, for misuse, inappropriate photos and or unruly behavior.
Client shall indemnify UtopianMGAStudio against any and all liability arising from Client’s negligence will misconduct related to Clients event.
Select services require reliable access to Internet connection when sending Image files instantly. In the event that the Internet is not available, SMS and Email will queue all submissions and be sent once the internet becomes available.
Client understands that UtopianMGAStudio is not responsible for Internet Reliability and cannot guarantee that reliable Data Signals will be available in all locations. If no coverage becomes available at the event location, UtopianMGAStudio will send all digital copies to the Client and guests within 7 days of the rental conclusion.
RIGHT TO SAFE WORK ENVIRONMENT
Client will be responsible for and shall ensure that Utopian Media Graphic Art Studio employees, representatives, agents or contractors are provided a safe work environment free from hazards, attacks, threats of violence or any harassment sexual, racial or otherwise in nature. In the case UtopainMGAStudio representative feels unsafe, UtopianMGAStudio may take possession of the equipment as provided by law, deduct the costs
of recovery (including attorney fees and legal costs), repair, related costs, and hold the Client responsible for any deficiency. No refunds will be made in whole or in part and all monies paid will be retained for value received. The rights and remedies of Utopian Media Graphic Art Studio provided by law and this Agreement shall be cumulative in nature.
The parties shall ensure appropriate operational and technical measures are in place to safeguard against any unauthorized access, loss, destruction, theft, use or disclosure of personal data shared in connection with this Agreement.
No refund will be given under any circumstance.
Due to the nature of digital photography/videography and the fact that the photos/videos cannot be returned once sent, Utopian Media Graphic Art Studio has a strict NO REFUND POLICY.