Terms & Conditions

Definitions
“Client” means all persons and /or companies and entities hiring Mockingbird Studios for the purposes of photography, image design and video production. ‘Photographs’ means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.

 

Copyright
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. Mockingbird Studios grants Client all copyrights and the right to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract after the final payment is received. The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.

 

License
Mockingbird Studios shall be granted artistic license in relation to the poses photographed and the locations used. The Photographers judgment regarding the locations, poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.

 

Use
The License to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. Where use is restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee, to be mutually agreed. Note: An agreement must be reached with the Photographer before the Photographs may be used for other purposes. If Client disputes payment for any reason Mockingbird Studios retains copyrights of all raw and edited files and Client revokes ownership and usage rights of all files and any use of said files is considered a violation of copyright.

 

Exclusivity
The Client, after final payment is received, may be authorized to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the License to Use the Photographer shall be entitled to use the Photographs for any purposes.

 

Client Confidentiality
The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.

 

Product and Property
Items sent to Mockingbird Studios for the purpose of Photography and Graphic Design can be returned to Client or address provided by Client. Shipping and Handling costs are the responsibility of the Client. Any product that is a food item, medication, beauty supply or may come in contact with food props during photography will not be returned and will be disposed of. All items remaining at our facility past 30 days of project completion will be disposed of or donated to charity without the consent or notification of Client.

 

Indemnity
While the photographer takes all reasonable care in the performance of this agreement generally, I shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.

    • a. The Client agrees to indemnify the photographer in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by the photographer.
    • b. It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that the photographer gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify the photographer against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

 

Code of fair practice
Mockingbird Studios warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that Mockingbird Studios has full authority to make this agreement; and that the work prepared by Mockingbird Studios does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of Mockingbird Studios’ product that may infringe on the rights of others. Client expressly agrees that it will hold Mockingbird Studios harmless for all liability caused by the Client’s use of Mockingbird Studios’ product to the extent such use infringes on the rights of others.

 

Payment

    • a. Payment must be received by due date noted on invoice or when Client places order online.
    • b. If payment is not made in accordance with above then the photographer may rescind this Agreement and recover damages.
    • c. If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that Mockingbird Studios may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
    • d. A fee of $150 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuing of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
    • e. The photographer reserves the right to suspend ongoing services, such as (but not limited to) distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
    • f. On the Client’s death or bankruptcy or (if the Client is a Client) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, the photographer may at any time thereafter inspect any records, accounts and books relating to the reproduction of their images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.

 

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

 

Cancellation
If an order is cancelled Mockingbird Studios will, at its discretion, charge a fee for cancellation or postponement.

 

Talent
All talent and models are required to complete a release form giving Mockingbird Studios and Client the right to manipulate and duplicate images and video. Copies of release forms will be stored and maintained by Mockingbird Studios.

 

Uniform commercial code
The above terms incorporate Article 2 of the Uniform Commercial Code.

 

Code of fair practice
The Client and Mockingbird Studios agree to comply with the provisions of the Code of Fair Practice (which is in the Ethical Standards section of chapter 1, Professional Relationships).

 

Dispute Resolution
Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of Mockingbird Studios. All actions, whether brought by client or by designer will be filed in the Mockingbird Studios’s state/county of business/residence. This contract is held accountable to the legal system of California and any applicable statutes held therein.

 

Acceptance of terms
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. Mockingbird Studios as sender and the Client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.

 

updated 8/15/17