Terms of Service

Effective Date: 01/01/2024

1. Acceptance of Terms

By using any services provided by Novachuk Photography, or downloading any photos from any of the galleries provided, you ("Client") agree to these terms of service. Any trade work agreed to by Novachuk Photography ("Photographer") and another vendor is still subject to these terms and conditions.

2. Definitions

This Agreement is between Novachuk Photography ("Photographer") and you ("Client"), which includes Client's principals, employees, affiliates, and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company, or organization. The Photographer's relationship with the Client is that of an independent contractor.

"Image(s)" means the photographic material, whether still or moving, created by the Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analog, photographic, optical, electronic, magnetic, digital, or any other media.

3. Usage Rights and Ownership

Client acknowledges that Photographer is the author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Client appear in this Agreement.

4. Images are Licensed for Specific Use(s) and Are Not Sold

Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified in this Agreement. Buying the copyright to the Image(s) will always be much more expensive than any licensing fee.

The term of the license begins from the date Photographer receives full payment of the invoice and upon delivery of images. Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable, and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark, or other service mark.

The use of any Image(s) by Client will not constitute a work of joint authorship. Copyright metadata contained within any digital file may not be altered or removed without the express consent of Photographer. Unless otherwise agreed, Photographer retains the right to use the Image(s) for self-promotion.

5. Photographic Integrity and Alterations

Client will not make or permit any alterations, including but not limited to filters, additions, subtractions, or adaptations, with respect to the Image(s), alone or with any other material, without the prior express permission of Photographer.

6. General Liability and Releases

Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. However, Photographer will not be liable for any loss, damages, or costs suffered by Client, or by any third party, arising from Client’s use of any Image(s).

Client will indemnify, defend, and hold harmless Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).

Photographer is not responsible for obtaining model, property, trademark, copyright, or any other releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents. Should Photographer agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release.

In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.

7. Payment

Time is of the essence for receipt of full payment under this Agreement. No rights are granted until Photographer has received full payment, including, if applicable, any late-payment charges.

Unless otherwise agreed, the use of any Image(s) prior to full payment will be considered unauthorized use. Client agrees that the reasonable and stipulated amount that will be paid to Photographer for such unauthorized use will be double the invoice total.

Where usage rights before full payment are granted, Photographer reserves the right to rescind any such usage rights if Client fails to make timely payment.

All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.

Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered. Bank transfer fees are the responsibility of the Client.

8. Credit Line and Copyright Notice

Placement of a credit line or copyright notice is required when posting the images on the internet. If a credit line or copyright notice is required but not provided, Client agrees that the amount of double the invoice total is the fair and reasonable compensation that will be paid to Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or improper, copyright notice or credit line.

9. Cancellations and Postponements

A retainer fee is due to hold your session date. This fee is non-refundable. The remaining balance is due on the date of your session. If you cancel, your retainer is forfeited and may not be applied to another session. If you do not cancel and the Photographer arrives at the location of the session, you will be responsible for paying the remaining balance.

10. Reshoots

If Client requires a reshoot, Client will pay Photographer an additional fee of one hundred percent of the fee stated in the quote or invoice for the original shoot, plus all expenses for the reshoot.

If a reshoot is required due to factors beyond the control of Photographer, including but not limited to weather conditions, or acts of God, Photographer will not charge an additional fee, and Client agrees to pay all expenses for the reshoot.

11. Failure to Perform

If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfill his obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.

This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction or otherwise, without the fault of Photographer.

12. Kill Fee

Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any Image(s).

13. Archiving Digital Files

While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of the license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.

Client is aware that optical, magnetic, electronic, and other media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors and representatives from any liability for any claims, damages, or costs arising from any media supplied by Photographer becoming unusable.

All digital files created by, or on behalf of, Client that contain any Image(s) will be deleted or destroyed within ten days after the expiration date of the license.

Any requests for the Photographer to reproduce images that were already delivered will incur a $100 processing fee.

14. Digital File Quality

Photographer is committed to providing high-quality services. Unless otherwise specified, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.

Photographer uses cameras and monitors that are color calibrated to industry standards. Due to variances in other monitors, software, and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality, and color will be adjusted for pleasing tonalities.

It is Client’s responsibility to verify that the digital data, including color profile if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages resulting directly or indirectly from defects or errors in digital files or their use.

All editing is done at the Photographer’s discretion. The Photographer reserves the right to refuse any additional edits requested. Some images may only be produced in color or black and white at the artist's discretion. If the Client(s) wish to request additional editing of images, this is done at a separate fee starting at $50 per image.

15. Session Terms

Sessions will be conducted at a location agreed upon by the Photographer. The Photographer will not trespass or use any property/locations that are considered unlawful to do so. The Photographer is bound by any rules stated for the property or location. If the Client wishes to shoot on private property, it is the Client’s sole responsibility to get authorization from the owner of the property. The Photographer is not responsible for hazards at the location, and the Client agrees to enter into the session at their own risk.

No other photographers/videographers are allowed during the session unless agreed to in writing by Novachuk Photography. Client or guests will refrain from taking cell phone images during the session unless agreed upon by the Photographer.

16. Acceptance of Terms

Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals and employees are jointly and severally liable for the performance of all payments and other obligations hereunder.

No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.

This Agreement will be deemed to be a contract made under the laws of the State of Arizona, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the State of Arizona. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Photographer.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

In addition to oral and written agreements, placing a retainer fee for a future session and/or use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.

17. Contact Information

If you have any questions about these terms, please contact us at:

Email: nikholas@novachukphoto.com