Terms & Policy - Felix Mizioznikov Photography

PAYMENT - Full payment for services is due prior to or at time of scheduling services. Availability will only be guaranteed once payment in full is received. CANCELLATIONS AND RESCHEDULING - No refunds will be given for cancellation with less than 24 hours from time of scheduled service for residential single family property photoshoots and 48 hours for commercial projects. Payments made for services not utilized within 30 days are not refundable and will be applied towards photography services at current rates which are subject to change without notice. WAITING TIME.. Waiting time, if available, is billed at $100 per 1/2 hour increments and will start 15 minutes after scheduled service appointment. If photographer has concurrent scheduled photoshoot photographer reserves the right to depart 20 minutes after scheduled photoshoot if client failed to arrive and have property ready for photography and client shall purchase and schedule new photoshoot. STAGING - Client and or property owner are responsible for ensuring property for service is tidy and in photoshoot ready condition. All property staging and de-cluttering taking more than 15 minutes will be charged at $100 per 1/2 hour increment. WEATHER - In the event that weather makes it impossible to perform services of photography to the extent of equipment damage the photoshoot will be rescheduled at the next available upcoming opening. In the event that weather conditions are unfavorable to client but possible without damage to photographers equipment, photoshoot shall be completed as scheduled and aforementioned cancellation policy shall apply. COPYRIGHT... As owner or authorized representative of the property I give the Photographer / Filmmaker and Assigns my permission to create and use the Content depicting the Property in any Media, for any purpose (excluding defamation and / or pornography) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Content may be combined with other content, text and graphics and cropped, altered or modified. I agree that all rights to the Content belong to the Photographer / Filmmaker and / or Assigns. I acknowledge and agree that I have no further right to additional Consideration or accounting, and that I will make no further claim for any reason to Photographer / Filmmaker and / or Assigns. I acknowledge and agree that these terms are binding upon my heirs if applicable, assigns or any person claiming an interest in the Property. I agree that these terms are irrevocable, worldwide and perpetual, and will be governed by the laws (excluding the law of conflicts) of the country / state from the following list that is nearest to the address of the owner or authorized representative given opposite: New York, Alberta, England, Australia and New Zealand. It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the relevant Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfill this purpose, including by being shared with sub-licensees / assignees of the Photographer / Filmmaker and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used. Definitions: “ASSIGNS” means a person or any company to whom Photographer / Filmmaker has assigned or licensed rights under these terms as well as the licensees of any such person or company. “CONSIDERATION” means $1 or something else of value I have received in exchange for the rights granted by me in these terms. “CONTENTS” means all photographs, film or recording, still or moving, taken of the Property as part of the Shoot. “MEDIA” means all media including digital, electronic, print, television, film and other media now known or to be invented. “PHOTOGRAPHER / FILMMAKER” means photographer, illustrator, filmmaker or cinematographer, or any other person or entity photographing or recording the Property. “PROPERTY” means the place and or property (real estate or intellectual property) that is the subject of the Shoot. “SHOOT” means the photographic or film session.

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