Terms of Service Agreement

Scope of Agreement

This Agreement applies to any photograph, graphics, digital assets, or digital images created or taken by Photographer and delivered to the Client (collectively known as “PHOTOS”) for the person (“PERSON”) commissioned. This Agreement governs the relationship between the parties and in no event shall any e-mail communication or other exchange, amend or otherwise modify the terms of this Agreement unless agreed to in writing.

Rights

Photos, including but not limited to all photographs, and all rights relating to them (such as copyright) remain the sole and exclusive property of Ridge to River Photography. We grant you the limited right to reproduce, display, and distribute the Photos only for promotional purposes. Any other use, including use by any third parties requires written permission.

Delivery

Photographer may select delivery of photographs in JPEG, TIFF, PNG, or other standard format, at a resolution that Photographer determines will be suitable for the Photos as licensed. It is the Client’s responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify the Photographer with five (5) business days. Photographer’s sole obligation will be to replace the Photos at a suitable resolution and/or format.

Fees

All fees and expenses payable are required no later than seven (7) business days from the delivery of the Photos and payable irrespective of whether Client makes actual use of the Photos. If full payment has not been received within thirty (30) days all rights are revoked at Photographer’s discretion.

Relationship of the Parties

The parties agree that Photographer is an independent contractor. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Photographer and the Photos or any other deliverables prepared by Photographer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.

General Law/Arbitration

This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of Washington. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. If one or more provisions in this Agreement are found to be invalid, illegal or unenforceable in any respect, such provisions will be revised only to the extent necessary to make them enforceable and the validity, legality and enforceability of the remaining provisions will not be affected.