Client Portal and Photo Sessions
Rights and Usage
Usage of Images created for Clients are subject to the terms and conditions below.
Jason Houge (Photographer) retains full copyright to all Content produced before, during and after a Session. Unless otherwise written and agreed upon Client shall only have the right to use purchased final Prints for personal display in their home and non-public areas of an office. Unless otherwise written and agreed upon no additional rights or licenses shall be granted by this Agreement to the Client. Client may not seek to publish or share the Content, make copies of or store the Content on any Media now known or yet to be invented including but not limited to digital, electronic, magnetic and film Media. Nor may the Client attempt to create, produce or request another Photographer to create a derivative work or copy of the Content. Additionally, Client may not make or permit any alterations, including but not limited to additions, subtractions, cropping, color or hue adjustments, brightness or contrast adjustments or adaptations in respect of the Images, alone or with any other material, including but not limited to making digital scans, photocopies, or mobile photographs unless specifically permitted in writing by the photographer. For full and comprehensive Terms and Conditions regarding Images and Photographs produced during Client Photo Sessions, please refer to your signed Photo Session Agreement.
Print Credits
Use of any Print Credit constitutes acceptance of these Terms, Conditions in addition to the Usage License. These Terms and Conditions are subject to change without notice.
– Print Credits are only available for photo session print purchases made through the JasonHouge.com website. This credit cannot be applied to any other purchases including but not limited to Artist Books, Artist Prints, Posters, Cards, etc.
– Print Credits are not transferrable to any other person or account.
– In the case of a canceled order the Print Credit will not be replaced or refunded.
– Print Credits cannot be purchased. It is offered as a promotion included with some photo session packages.
– Purchase amounts that exceed the value of the Print Credit will require an additional method of payment for the balance due.
– Print Credits are not Refundable, remaining balances will remain available for future purchases.
– The Print Credit promotion is subject to change without notice.
Handling of Media Agreement
Limitation of Liability
By sending your film, negatives, digital media, etc to Jason Houge Studios, LLC (Company) you (Client) agree to and accept the following:
Submitting any Media including but not limited to electronic media, image, data, file, card, disc, device, film, print, slide or negative for any purpose, such as processing, printing, duplication, alteration, enlargement, storage, transmission, or other handling, constitutes an AGREEMENT that any loss or damage to it by our Company, subsidiary or agents, even though by our negligence or other fault, will only entitle you to replacement with an equivalent quantity/size of unexposed photographic film or electronic media. Unless Client declared a higher value for Media in question, and had paid the premium for that value in advance. Except for such replacement, or payment of the declared value if applicable, the Company’s acceptance of the media, image, data, file, card, disc, device, film, print, slide or negative is without other liability, and recovery for any incidental or consequential damages is excluded. No expressed or implied warranty is provided. Company is not responsible for any loss, damage or delay caused by the U.S. Postal Service, UPS, FedEx, or any other package carrier. Prices and terms are subject to change without notice.
Legal Terms and Conditions
Indemnification
Client will indemnify and defend Photographer and Company 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 invoiced.
Disputes
Except as provided below, any dispute regarding this agreement shall, at Photographer’s or Company’s sole discretion, either:
(1) be arbitrated in Madison, WI, under rules of the American Arbitration Association and the laws of WI; 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 Madison, WI under the laws of the United States and/or of WI.
(3) In the event of a dispute, Client shall pay all court costs, Photographer’s and/or Company’s reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Photographer and/or Company.
Federal Jurisdiction
Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer and Company under the Copyright Act of 1976, as amended, including subsidiary and related claims.
Severability Clause
Any part, provision, representation or warranty of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. If the invalidity of any part, provision, representation or warranty of this Agreement shall deprive any party of the economic benefit intended to be conferred by this Agreement, the parties shall negotiate, in good-faith, to develop a structure the economic effect of which is as close as possible to the economic effect of this Agreement without regard to such invalidity.