Now, time to spell out all the obvious, and not-so-obvious, stuff. Collectively known as, stuff! These are our Terms & Conditions:
All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Top Flyt Media. No rights are transferred to Client unless and until Top Flyt Media has received payment in full. The parties agree that any usage of any Image without the prior permission of Top Flyt Media will be invoiced at three times Top Flyt Media’s complete fee for the project. This prohibition includes any rights or privileges that may be claimed under §201(c) of the Copyright Act of 1976 or any similar provision of any applicable law. Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act.
All retainer fees must be paid immediately and session and other packages (plus taxes) can be paid via money order, certified check, paypal, cash, Visa, MasterCard or AMEX. If agreed to by Top Flyt Media for client to pay by check, checks must first clear and any uncleared check will have an additional charge of $45 to cover bank fees plus whatever balance is due must be paid by cash or money order immediately. Please note, check must clear prior to reserving and booking a session date so please allow for 3-4 weeks if paying by personal check. All that said, we prefer online payments.
“Image(s)” means all visual representations furnished to you by Top Flyt Media, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Unless otherwise specified in writing, Top Flyt Media may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Top Flyt Media may select, at a resolution that Top Flyt Media determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. 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, Top Flyt Media’s sole obligation will be to replace or repair the data, but in no event will Top Flyt Media be liable for poor reproduction quality, delays, or consequential damages.
Top Flyt Media has no obligation to retain or archive any of the Images after they have been delivered to Client, unless otherwise stated. Please backup all digital copies of your photographs in 1-2 places. We recommend an external hard drive or flash drive, as well as online/cloud storage. Top Flyt Media will make every effort to retain your files for up to 3 months from the date of your session, however Top Flyt Media cannot guarantee backups after your order has been completed and payment is received in full. Client is responsible for sending an authorized representative to the assignment or for having an authorized representative review the images remotely during the assignment. If no review is made during the assignment, Client is obligated to accept Top Flyt Media’s judgment as to the acceptability of the Images.
Assumption of Risk:
Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.
In the event of a dispute that leads to any award or judgement in favor of Top Flyt Media, Client shall pay all court costs, Top Flyt Media’s reasonable legal fees, and expenses, and legal interest.
In the event a shoot extends beyond the scheduled appointment time, Top Flyt Media may charge the larger of:
the excess time of any location fees, assistants, photographers and independent contractors at the rate of 1 and 1/2 times their hourly rates, if an extension is possible.
While we certainly have our prefered printers, we understand when our clients choose to self-print their images, or use their favorite printer instead. Top Flyt Media provides archival-quality photographic images, color corrected & calibrated to print on the highest quality printers on the market. Any digital photos you see (on our website, blog, social media sites, or that have been provided directly to you) may vary from their intended appearance, depending on your computer’s monitor and settings. In addition, Top Flyt Media cannot guarantee the results or quality of photographic prints made by our clients or by our clients’ chosen labs, so just make sure they’re good!
Alright, enough stuff! Let’s take some #flypics!!!