[1] Definition:

 'JC360images.com & Photo Booth Rental,' Message and data rates disclosure. Message frequency disclosure. “Text HELP for help”. “Text STOP to cancel”.Terms & Conditions (with SMS Terms).Privacy Policy: it the subscriber’s personal info (including mobile number) will not be shared or sold to third parties for the purpose of marketing.

J Choisius LLLC, and 'JC360images.com & Photo Booth Rental,' facilitates conversations for promos & marketing. Msg freq varies. Msg & data rates apply. Text HELP to Reply STOP to opt-out. Carriers not liable for delays.

Message frequency varies. Message and data rates may apply. Text HELP to [Number] for assistance. Reply STOP to opt-out. Carriers are not liable for any delays or undelivered messages."



"Image(s)" refers to all visual representations provided to the Client by the Photographer, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. The Photographer may deliver Images in an industry-standard data format and resolution suitable for the subject matter and intended reproduction technology. It is the Client's responsibility to ensure the digital data are suitable for reproduction, and the Photographer is not liable for poor reproduction quality if the data are deemed unsuitable.

[2] Rights:

All Images and related rights, including copyright, remain the sole property of the Photographer. The grant of rights is limited to one year from the date of the agreement and for usage in print media in North America. No image licensed for a publication cover may be used for promotional or advertising purposes without express permission. No rights are transferred until payment in full is received. Unauthorized usage incurs additional fees. Client must provide copies of each published use within 60 days.

[3] Return and Removal of Images:

Client assumes liability for loss or damage to Images and agrees to return them prepaid and insured. Client must remove and return or destroy all digital copies of Images within 30 days after the final licensed use. Failure to return Images on time incurs a holding fee.

[4] Photo Credit:

Published uses of Images require written credit or copyright notice as specified. Failure to provide required credit incurs additional fees.

[5] Alterations:

Client may not make alterations, except for cropping and adjustments consistent with reproduction needs. No digital scans are allowed without permission.

[6] Indemnification:

Client indemnifies Photographer against all claims arising from the creation or use of Images. Client is responsible for obtaining necessary permissions for model or property releases.

[7] Assumption of Risk:

Client assumes the risk of loss or damage to materials furnished by Client.

[8] Transfer and Assignment:

Client may not assign or transfer this agreement. The agreement incorporates the Copyright Act of 1976 and relevant provisions of the Uniform Commercial Code.

[9] Disputes:

Disputes may be arbitrated in Photographer's City, Photographer's State, or adjudicated in Photographer's City, Photographer's State. Client pays all associated costs and legal fees.

[10] Federal Jurisdiction:

Client consents to Federal jurisdiction for claims under the Copyright Act.

[11] Overtime:

Excess time beyond eight consecutive hours incurs additional charges.

[12] Reshoots:

Client pays 100% fee and expenses for reshoots required by Client. No additional fee for reshoots outside Client's control.

[13] Assignment Cancellations and Postponements:

Client pays expenses and 50% of the fee for cancellations; 100% fee for cancellations within two business days. Charges apply for postponements after Photographer has departed for location. Fees apply irrespective of reasons, including weather conditions or third-party fault.es to remove and return or destroy all digital copies of all Images. All Images shall be returned, and all digital files created by or on behalf of Client containing any Images shall be delivered to Photographer, deleted or destroyed, within thirty (30) days after the later of: (1) the final licensed use as provided in this document, and (2) if not used, within thirty (30) days after the date of the expiration of the license. Failure to return Images on time will result in loss to Photographer due to his resulting inability to license such Images. Client therefore agrees to pay a holding fee of five dollars and fifty cents ($5.50) per day for each image from the return date until the day on which the Images are actually received by Photographer. Client assumes full liability for its principals, employees, agents, affiliates, successors, and assigns (including without limitation independent contractors, messengers, and freelance researchers) for any loss, damage, delay in returning or deleting, failure to return, or misuse of the Images.

Photo Credit: All published usages of Images will be accompanied by written credit to Photographer or copyright notice as specified on the reverse side. If no placement of a credit or copyright notice is specified on the reverse side, no credit or notice is required. If a credit is required but not actually provided, Client agrees that the amount of the invoiced fee will be subject to a three-times multiple as reasonable compensation to Photographer for the lost value of the credit line.

Alterations: Client will not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans unless specifically permitted on the reverse side. Client may not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans unless specifically permitted on the reverse side, except that cropping and alterations of contrast, brightness, and color balance, consistent with reproduction needs may be made. Client may make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images alone or with any other material, including making digital scans, subject to the provisions as stated in [7] below.

Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Photographer, no model or property release exists, and it is Client’s responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Photographer. It is Client’s sole responsibility to determine whether any model or property releases delivered by Photographer are suitable for Client’s purposes. Photographer’s liability for all claims shall not exceed in any event the total amount paid under this invoice.

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.

Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. This agreement binds Client and inures to the benefit of Photographer, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for additional Images, fees and expenses that could not be confirmed in writing because of insufficient time or other practical considerations. This agreement incorporates by reference the Copyright Act of 1976, as amended. It also incorporates by reference those provisions of Article 2 of the Uniform Commercial Code that do not conflict with any specific provisions of this agreement; to the extent that any provision of this agreement may be in direct, indirect, or partial conflict with any provision of the Uniform Commercial Code, the terms of this agreement shall prevail. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state. Photographer is an independent contractor and not an employee. If photographer is deemed under any law to be an employee of Client, and if the Images are therefore considered works made for hire under the U.S. Copyright Act, Client hereby transfers the copyright to all such Images to Photographer. Client agrees to execute any documents reasonably requested by Photographer to accomplish, expedite or implement such transfer.

[10] Disputes: Except as provided in [11] below, any dispute regarding this agreement shall, at Photographer’s sole discretion, either:

(1) be arbitrated in Photographer’s City, Photographer’s State, under rules of the American Arbitration Association and the laws of Photographer’s State; provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof.

OR

(2) be adjudicated in Photographer’s City, Photographer’s State under the laws of the United States and/or of Photographer’s State.

(3) In the event of a dispute, Client shall pay all court costs, Photographer’s reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Photographer.

Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer under the Copyright Act of 1976, as amended, including subsidiary and related claims.

Overtime: In the event a shoot extends beyond eight (8) consecutive hours, Photographer may charge for such excess time of assistants and freelance staff at the rate of 11/2 times their hourly rates.

[13] Reshoots: Client will be charged 100 percent fee and expenses for any reshoot required by Client. For any reshoot required because of any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance or the fault of a third party, Photographer will charge no additional fee, and Client will pay all expenses. If Photographer charges for special contingency insurance and is paid in full for the shoot, Client will not be charged for any expenses covered by insurance. A list of exclusions from such insurance will be provided on request.

ssignment Cancellations and Postponements: Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment, plus 50 percent of Photographer’s fee; however, if notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100 percent fee. Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the assignment occurs after photographer has departed for location, and 50 percent fee if postponement occurs before departure to location. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.