TERMS OF SERVICE

ArtLab Management group, a California limited liability company doing business as Danielle Herzog Photography

Last Updated April 26, 2024


We kindly ask that you take the time to read and comprehend our privacy policy, refund policy, cancellation policy, as well as any other policies listed below. It's important that you are aware of our policies to ensure a smooth and transparent experience.



You must not transmit any worms or viruses or any code of a destructive nature. 

A breach or violation of any of the Terms will result in an immediate termination of your Services.


Overview


ArtLab Management Group, a California Limited Liability Company doing business as Danielle Herzog Photography, operates this website, as well as any related social media or third-party sites. By accessing or using this site, you agree to comply with all terms, conditions, policies, and notices stated here. This agreement includes the Terms and Conditions, also referred to as the "Terms" or "Terms of Service," as well as any additional terms and conditions and policies available on this website.


By engaging in our "Service" or purchasing a service from us, you are bound by these Terms. It is important to read and understand these Terms before accessing or using our website. If you do not agree with these Terms, you may not access the website or use any services. *All contracted terms may vary slightly based on negotiated agreements.


We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes on our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


It is important to note that we use third-party applications and technologies, to deliver our services to you.


By agreeing to these Terms, you represent that you are of the age of majority in your state or country of residence. You may not use our Services for any illegal or unauthorized purpose, nor may you violate any laws, including image copyright laws, in your jurisdiction while using our Service.





Section 1: Conditions

At our discretion, we reserve the right to decline service to anyone, for any reason, at any given time.

You acknowledge that your content, excluding credit card information, may be transferred unencrypted over various networks and undergo changes to conform to the technical requirements of connecting networks or devices. However, payment information is encrypted at all times during transfer over networks. You agree not to exploit any aspect of the Service, including access to the Service, or any contact information on our website, without our express written permission.


The headings used in this agreement are for convenience purposes only and will not limit or affect these Terms in any way.


section 2: Services

Photographer shall provide professional photography services, to Client for the agreed upon number of photography sessions (collectively, the “Sessions” and each a “Session”)(collectively, the “Services”).


Section 3: Photographs

Photographer shall take photographs at the Sessions during the rendering of the Services, and after retouching/editing, Photographer shall make a selection of photographs to be determined in Photographer’s sole discretion (collectively, the “Photos”), available to view by Client in the form of online gallery proof(s).


section 4: Gallery proofs

Photographer shall make gallery proofs of the Photos available through an online gallery proofing website where the proofs are viewable by Client within (2) week of the date of the final Session; provided that subsequent to thirty (30) days after such date Photographer shall have no duty to Client or to any third party to display, retain or store any of the images via any website or any other means; provided further that Photographer shall not have any duty to archive any Photos, including without limitation the gallery proofs.  


Section 5: Compensation

In exchange for Photographer performing the Services, Client shall pay to Photographer a sum of Negotiated flat fee dollar amount. (the “Fee”), in the following manner: (i) Fifty percent (50%) of the Fee upon signature of Agreement by Client (“Deposit”) which is used to hold the date of the session with Photographer; and (ii) the remaining fifty percent (50%) on the date of the scheduled Session with Photographer upon Client’s arrival at the Session location where the Session is scheduled to occur (“Location”).


Section 6: Forms of payment

Photographer/ Business Manager accept cash, debt/credit cards, checks, and ACH as forms of payment for the Services to “Artlab Management Group, LLC DBA Danielle Herzog Photography”.



SECTION 7: OWNERSHIP AND USE OF PHOTOGRAPHIC MATERIALS

A. All Materials Owned by Client.

Photographer agrees to grant client a non-revocable, exclusive, perpetual license to use all photographic materials that Photographer creates in connection with this Agreement, and client shall be allowed to use such photographic materials for any and all purposes, without Photographer's prior consent or approval.

Photographer retains the right to use Photographic Materials created for his/her own promotional purposes in all media (e.g. publications, commercial portfolio, website, blog, direct mail and e-mail, advertisements and exhibitions), as long as Photographer does not depict photographic materials of the clients, insignia, service marks, designs, logos, or symbols, in an obscene, offensive, or unfavorable manner. Photographer is responsible for his/her actions related to the creation of the photographic materials, and client shall hold harmless, release, defend, and indemnify Photographer, its trustees, officers, employees, agents and assigns, against any and all actions, claims, fees, and expenses, which may arise from Photographer's creation of such. Photographer is not responsible for any claims and damages arising from client’s exclusive use of said photographic materials.

B.  Contests. Client shall not submit any photographic materials to any contest, without photographer's prior consent or approval. 


Section 10: Communication

All communications regarding this Agreement and the Services to be performed hereunder shall be made directly between Photographer/business manager and Client, notwithstanding, however, that should Client desire to have a third party coordinate with Photographer, that Photographer shall so communicate with such third party only if Client instructs Photographer/ business manager to do so in writing and confirms in writing via email any significant decisions communicated by the third party to Photographer.


Section 11: Rescheduling, cancellation, and impossibility

Rescheduling. Photographer shall have no duty to reschedule the Session, except that Photographer shall make a good faith effort to reschedule the Session should Client notify Photographer of a request in writing at ten (10) days prior to the Session, and the Client and Photographer mutually agree to a new date for the Session that is no more than ninety (90) days later than the original date of the Session.  Photographer may reschedule the Session if Photographer becomes ill prior to the Session.

 

Cancellation by Client. Photographer/  may accept the cancellation of the Session at ten (10) days prior to the time of the scheduled session; provided that Client has a legitimate need to cancel the Session, such as a child being ill; provided further that Client must reschedule the Session within thirty days.

A.              (30) days of the date of the cancelled Session; provided further that Photographer is entitled to retain the Deposit in Photographer’s sole discretion.

 

B.              Cancellation by Photographer. In the event that Photographer must cancel the rendering of the Services upon the approval of the Client, then Photographer shall reschedule within no more than ninety (90) days later than the original date of the Session. 

 

C.              Cancellation Due to Unsafe Working Environment. Notwithstanding Paragraph 5.C. hereinabove, Photographer/ Business Manager retains the right to terminate the provision of the Services to be provided if guests and/or attendees of the session commit any instances of sexual harassment, violence, threats, or other similar raucous behavior that would lead a reasonable person to feel unsafe in such environment, and in the event of such cancellation, Client shall not be entitled to any refund of the Fee or Deposit.

 

D.              Force Majeure. In the event that rendering of the Services becomes impossible due to an Act of God, including but not limited to fire, flood, earthquake, storm, hurricane or other natural disaster, unusually heavy traffic, car accidents not the fault of Photographer, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service, then Photographer shall no longer be required to perform the Services, the Deposit shall be deemed non-refundable, and Client must pay the remainder of the Fee if such Act of God occurs on the day of the Session or any time during the ten (10) days immediately prior to the date of the Session. Notwithstanding any of the foregoing to the contrary, in the event of an occurrence of a force majeure event, Photographer may elect to reschedule the Session at Photographer’s sole discretion, upon the mutual agreement of the Client.


SECTION 12: REFUND POLICY

If the Client cancels a Session at least ten (10) or more days prior to the schedule session date, then, Photographer shall retain the Deposit as a non-refundable payment.


SECTION 13: Permits & Restrictions

If Photographer requires any permit or license in order to perform the Services at the Client’s selected venue for the Session (“Venue”), then the Client shall secure such license or permit on behalf of Photographer at least one (1) week prior to the date of the Session. If Client fails to secure any such required permit or license, Photographer shall not be responsible for rendering the Services, and Client shall pay to Photographer the full Fee; provided further that Photographer shall have the right to retain the Deposit. Client shall at all times abide by all applicable privacy and copyright laws and adhere to the legal and other restrictions of the Location where the Services are to be rendered. Notwithstanding any of the foregoing to the contrary, Photographer retains the right to refuse to render the Services and / or to limit the Services as Photographer reasonably believes necessary to abide by such laws or restrictions, and in such instance, Client shall accept any and all consequences of the guidelines and restrictions on the Photographer. Client accepts full responsibility for any and all negotiations with the officials for modification of the guidelines and / or policies; provided further that Client shall be responsible to pay the fee associated with any fine or ticket related thereto.

Section 14. Weather & lighting

Client expressly acknowledges, accepts and agrees that Photographer cannot control the weather and/or lighting at the Session and Location and that Photographer is not responsible for any limitations on the Photos due to the weather, natural lighting, or any lighting beyond the control of Photographer.

 

Section 15. Meals

This will be determined on a case by case basis.

 

Section 16. pre session

Client and Photographer shall meet for a consultation in person (or as otherwise mutually agreed by Photographer and Client) at least fourteen (14) days prior to the date of the Session, at which consultation Client and Photographer shall finalize the schedule, Location, and Client’s particular requests regarding the Services to be provided on the date of the Session.

 

Section 17. Artistic rights

Photographer retains the absolute right to: (i) select what subjects to photograph and to determine how such subjects are to be photographed; (ii) edit any photographs taken by Photographer prior to releasing them to Client; and (iii) select which photographic materials are released to Client. Client shall cooperate with Photographer and defer to Photographer’s professional judgment related to all of the foregoing and to other matters of artistic discretion. Client shall use best commercial efforts to ensure that guests and attendees cooperate with Photographer.


Section 18.Model Release

The Client hereby grants to Photographer the irrevocable and unrestricted right to use and publish photographs of Client or in which the Client may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; in perpetuity throughout the world. The Client releases all claim to profits that may arise from Photographer’s use of the Photos. Further, Client hereby expressly releases Photographer from any and all liability related to the dissemination of the Photos in any form or format whether now known or hereinafter devised.


Section 19.Loss of digital files

In the unlikely event that before Photographer has offered Client the gallery proofs the digital files containing the photographs resulting from the Services become lost, stolen, or destroyed for reasons beyond the Photographer’s control, including but not limited to camera, hard drive, or equipment malfunction, the Photographer’s liability shall be limited to the return of the Fee and Deposit as well as the return of travel expenses and charges for additional hours under Paragraph 1 if applicable; furthermore, the limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.


Section 20. Social media reviews

 Client shall not post any review of Photographer or Photographer’s company that puts Photographer in a negative light on any social media website, including but not limited to www.facebook.com, www.yelp.com, plus.google.com, www.instagram.com, www.angieslist.com, or the like.

 

Section 21. Successors and Assigns

This Agreement shall be binding on and inure to the benefit of Client, Client’s successors and assigns, and Photographer, Photographer’s successors and assigns, heirs, executors, administrators, and/or other legal representatives.


Section 22. Indepndent contractor

Photographer and Client acknowledge, accept, and agree that Photographer is an independent contractor and Photographer shall pay Photographer’s own income taxes; this Agreement is not intended and shall not be construed to create a joint venture, partnership, agency relationship or other business association between Photographer and Client. 

 

SECTION 23. Ability to enter into agreement

Photographer and Client mutually warrant and represent that they independently have the unlimited legal right to enter into this Agreement and to perform in accordance with the terms herein without violating the rights of others or any applicable law, and that neither Photographer nor Client shall become a party to any other agreement of any kind which conflicts with this Agreement. 

 


Section 24. Arbitration

Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to Photographer’s primary business address, and the arbitration award may be entered for judgment in any court having jurisdiction thereof; notwithstanding the foregoing, either party may refuse to arbitrate and shall take any such dispute to Small Claims Court when the dispute is for a sum less than ten thousand U.S. Dollars ($10,000.00); provided further that in no event shall an award in an arbitration initiated under this clause exceed the contracted price of the Services in dispute.

 

Section 25. Indemnification

The Client expressly holds the Photographer harmless for any and all injury to Client or Client’s guests and attendees during the course of the provision of the Services and for any damage to property at the Location during the course of the provision of the Services.


Section 26. Attorney's Fees

If either Photographer or Client brings a legal action against the other to secure the specific performance of this Agreement, to collect damages for breach of this Agreement, or otherwise to enforce or interpret this Agreement, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

 

Section 27. No Waiver Due to Non-Enforcement

Failure to enforce any provision of this Agreement does not constitute a waiver of any term hereof.

 

Section 28. Governing Law

This Agreement shall be governed by the laws of California and the county of Los Angeles.

 

Section 29. Headings

The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

 

Section 30. Miscellaneous

With respect to the subject matter herein, this Agreement contains the full and complete understanding of the parties and supersedes all prior and contemporaneous agreements, representations and understandings, whether oral or written, and this Agreement may not be amended, waived, or modified except by a single instrument in writing executed by Photographer and Client. This Agreement may be executed in counterparts, each party receiving a copy bearing the original signature of the other party. Faxed and emailed signature will be treated as original. The parties both represent and warrant that each has the capacity and authority to enter into this Agreement. No third party is a “direct” or “intended” beneficiary of the Photographer’s services hereunder.