F-Sequence Studio product photography contract terms and conditions
PRODUCT DELIVERY – Please do not ship your products to us until this contract has been signed. Clients may make an appointment to drop their products off at our studio, or may ship their products to our studio at F-Sequence Studio, 9153 Duarte Rd San Gabriel, CA 91775. Do not include an ‘attention’ line . Products must be shipped via a carrier with good tracking capabilities, such UPS, DHL or Fedex. Once your package has been shipped, please email us at info@fsequence.photography to provide us with the tracking number.
PHOTO EDITING/COLOR SHIFTS - All product photography projects will be lightly edited to correct color balance, contrast and sharpening. Advanced retouching (including, but not limited to: repairing damaged product/packaging, product flaws/damage incorrect/misprinted/crooked labeling, etc) is not included . Please be aware that while your images are shot under a controlled environment, with professionally color calibrated equipment, there will be slight differences in perceptive color, due to variations in color temperature, manufacturing variances, etc.
AGREEMENT - This agreement between F-Sequence Studio (hereafter “Photographer”) and the undersigned client, (hereafter “Client”) governs the assignment described in the accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning that assignment.
AMENDMENTS : Only those changes or modifications specifically placed in writing, attached, dated and signed by the photographer shall be recognized as amendments to this contract.
SEVERABILITY : If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
RIGHT OF WITHDRAWAL : F-Sequence Studio's discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies may result in its withdrawal. Non-cooperation, changes in locations, facilities or available times; missed appointments and late/non payments are examples of contributing factors.
PRICING - The fees quoted are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses, which may be greater or less, will be invoiced.
TURN AROUND TIME / STATUS CHECKING – Standard product photography projects are typically completed under 10 business days (m-f only) , depending on workload. If 5-day rush service is required, there is an additional rush processing fee of $10 per image. Rush service is subject to availability. All projects are completed in the order that we receive the products. Please note that, unless rush delivery is ordered, we cannot provide you with a promised delivery date, as your completion is contingent on the completion of other projects. Placing undue pressure on photographer to complete your project by a certain date, or excessive status checking (more than one email or phone call in a 7-day period) is disruptive and may result in a contract cancellation, by photographers’ discretion.
DEFINITIONS - “Publicity” use is when the Client submits photographs to an outside publication (whether print or electronic) for editorial use and the Client (or their client) is not paying for that use. “Advertising” use is when the Client (or their client) is paying for the placement of a photograph in whatever media it appears, such as in a newspaper, magazine, billboard, or website. “Collateral” use is when the photographs appear in a publication that the Client produces, such as a magazine, annual report, brochure, pamphlet, poster or web site, and whose audience is employees, customers, shareholders, or the general public. “Photograph/s” are images created as a part of the project as agreed to by Photographer and Client.
PAYMENT – Product photography is prepaid. Payment may be made via major credit card (VISA, MC, AMEX, DISC). No alternative payment methods (wire transfer, Paypal, money order, etc) are accepted.
COPYRIGHT – All of the Photographs created by the Photographer (both moving and still) and their copyright are the sole and exclusive property of the Photographer. Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full. All rights not expressly granted shall be reserved by the Photographer. Modification of Photograph(s) and/or incorporation of Photograph(s) in any layout or concept shall not constitute a Joint Work.
LICENSING – Once final payment is received, client will receive an exclusive web and print usage license to use for commercial or editorial use, without royalty payments. Image licenses may not be transferred or resold to a third party without the express written permission of F-Sequence Studio.
ADDITIONAL USAGE LICENSE - If Client wishes to make any additional uses of the photographs not covered in the initial agreement, Client shall obtain permission from the Photographer and pay an additional fee to be agreed upon.
INDEMNIFICATION - Client hereby indemnifies and holds the Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client's use of Photographer's work. The Photographer similarly indemnifies and holds Client harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Photographer’s negligence.
CREATIVE DIRECTION - The Client is responsible for providing good creative direction for angles and shots. If client requires a specific list of shots, angles, styling, editing or creative concepts, this must be provided with as much detail as possible in advance. If specific creative direction is not provided, client agrees to accept photographer’s best judgment for angles, backgrounds and prop usage.
CANCELLATION - In the event that THE CLIENT cancels the contracted services for photography outlined in this contract for any reason, any payments made will be forfeit.
DELIVERY METHOD - Unless otherwise indicated, all photos are delivered electronically in high resolution (3000 x 3000 pixel), 300dpi .JPG format, cropped 1:1 ratio. Upon final image upload, client will be provided with an online image gallery and a link to download all of their finished photos in high resolution. This link will remain live for two weeks after creation. RAW files are not provided under any circumstance.
PRODUCT RETURNS – Clients must arrange for pickup of all products and client supplied props at our studio within 7 days, or if return shipping is required, client must include a prepaid printed shipping label along with their product(s), or emailed to info@fsequence.photography . Because of limited storage space at our studio, all products and client supplied props in our custody more than seven days after final image upload will be discarded.
PRODUCT PHOTOGRAPHY GUIDELINES
- It is critical that your products be shipped in excellent condition, as all products are shot as-is, flaws included. The client is solely responsible for the condition of all pieces. To ensure each photo is an accurate representation of your product, we recommend that clients examine each product by hand for flaws.
- Products are photographed as-is and we strongly recommend sending more than one product, in case one has a slight defect or is damaged in shipping. Additional editing to correct manufacturer errors and condition issues, including, but not limited to, excessive dirt, dents, scratches, loose strings, wrinkles or tears, is not included
- All apparel or fabric products should arrive in photo ready condition, with all tags and packaging removed and neatly steamed or pressed. All clothing should be delivered unfolded and whenever possible, on a hanger, in a garment bag or wardrobe box.
- Jewelry must be cleaned and/or polished before shipping. Do not ship your jewelry in velvet lined cases, as velvet ‘sheds’ onto your pieces. Excessive retouching to remove scratches, oxidization, damage, etc are billed at a separate rate. Jewelry that arrives in poor condition will not be photographed.
- Product packaging is photographed as-is and is often damaged in shipping, arriving at our studio with large dents or tears. We strongly recommend sending ‘flat’ versions of your packaging (packaging by itself with no product inside) to facilitate crease-free photography.