20/20 Photo & Video Studio

Images of a Lifetime

Basic Session Terms & Conditions

Standard Session Terms & Conditions

  1. Definitions: This agreement is by and between the “PERC’s Education & Resource Center, Inc.” (PERC) and the “Client” (the commissioning party named on the face of the Agreement, including Client’s representatives). PERC’s relationship with Client is that of independent contractor. “Deliverable” or “Deliverable(s)” refers to photography (print or digital), video footage (edited or un-edited), audio or any other form of materials delivered by PERC to Client. PERC shall be considered the sole author of the Deliverable(s). The Deliverable (s) will be PERC’s interpretation rather than a literal re-creation of Client’s concept(s), layout(s), product(s) or performance(s). “Assignment” refers to the desired work described in an Agreement that Client is specifically commissioning pursuant to this Agreement.
  2. Fees, Charges and Expenses: Client and Client’s representatives are jointly and severally responsible for full payment of all fees, charges and expenses. The rights licensed, fees, charges and expenses listed on this Agreement only apply to the original assignment description. Additional compensation may be required for any subsequent changes, additions or variations requested by Client.
  3. Postponements and Cancellations: A Postponement is a rescheduling of the Assignment by the Client, with prior consent of PERC, to a mutually agreeable date within 30 calendar days of the original Assignment date. Client is responsible for payment of all fees, charges and expenses incurred up to the time of Postponement. If Client cancels the Assignment, Client is responsible for all fees, charges and expenses incurred up to the time of Cancellation plus whichever is the larger amount: 50% of PERC’s fees or the Non-Refundable Retainer. If Client cancels with less than thirty (30) business days prior notice from date of Assignment, Client is responsible for all fees, charges and expenses incurred up to the time of Cancellation plus 100% of PERC’s fees.
  4. Weather Delays: Client will pay 100% of PERC’s daily weather delay fee (as set forth in this Agreement) for any delays due to weather conditions or Acts of God, plus all charges and expenses incurred. If not specifically stated in the Agreement, the weather delay fee shall be all expenses incurred by the weather delay and 50% of PERC’s fee.
  5. Client Approval: Client is responsible for having its authorized representative present during all “shooting” phases of the Assignment to approve PERC’s interpretation of the Assignment. If no representative is present, PERC’s interpretation shall be accepted. Client shall be bound by all approvals and job changes made by Client’s representatives.
  6. Overtime: In the event that a shoot extends beyond eight (8) consecutive hours, excluding lunch or dinner time, PERC will charge overtime for crew members at one-and-one-half times their hourly rate or fee.
  7. Reshoots: Client will be charged 100% of PERC’s fee and expenses for any reshoot required by the Client. If PERC 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.
  8. Indemnity: Client shall indemnify and hold PERC and PERC’s representatives harmless from any and all claims, liabilities and damages, including reasonable attorney fees and court costs arising from Client’s use of the Deliverable(s) or from PERC’s reliance on any representations, instructions or materials provided or approved by Client.
  9. Copyright: This is not a work for hire. All Deliverable(s) are © PERC, Inc.
  10. Reproduction Rights: The right to reproduce or use any Deliverable (s) is conditioned on PERC’s receipt of license payment in full. Unless otherwise stated in this Agreement, License is non-exclusive, with a duration of one year from date of delivery of the Deliverable(s) and is for English language use in the United States only. Except as expressly licensed by PERC in this Agreement, PERC reserves all other rights in and to the Deliverable (s) of every kind and nature. No license is valid unless signed by PERC on PERC’s letterhead or special Agreement. No rights licensed may be assigned or transferred to a third party without PERC’s prior written consent.
  11. Return of Photographs: Client assumes all risk and liability for all photographic, audio, digital, print, electronic, film or video material(s), as well as goods or products delivered by the Client to PERC for use in the Assignment from time of receipt by PERC, to time of receipt by Client. If no Return Date appears on the Agreement or on any corresponding delivery memo, PERC shall store all materials(s) and item(s) for thirty (30) days. If not picked up by Client or other arrangements are not made for prepaid shipping to Client, all said materials(s) and item(s) will be disposed at PERC’s discretion, with no further recourse by Client.
  12. Loss or Damage: The parties acknowledge that it is difficult if not impossible to determine the exact value of each Deliverable subject to this Agreement because of the duration of copyright protection and its present and potential value. Therefore, in case of loss or damage of any original Deliverable(s), Client and PERC agree that the reasonable value of each original Deliverable is $4000. Client agrees to pay PERC $4000 for each lost or damaged original Deliverable and PERC agrees to limit PERC’s claim to that amount without regard to the actual value of the Deliverable.
  13. Payment and Collection: Invoices from PERC are payable upon receipt by Client unless stated differently in the Agreement. Full payment must be received by PERC prior to the shooting session date. In the event of non-payment or other breach of this Agreement by Client, Client shall pay all of PERC’s costs and expenses incurred in connection with enforcement of the terms of this agreement, including PERC’s reasonable attorney’s fees and court costs.
  14. Sales/Use Tax: Client is responsible for payment of applicable sales, use or transit taxes invoiced, and for any subsequent assessment made by sales and/or use tax authorities.
  15. Releases: No model or property release exists for any Deliverable (s) unless PERC submits a separate written model or property release to Client.
  16. Storing of Electronic Data: Client is strictly prohibited from digitizing or electronically scanning any Deliverable other than for the purpose of reproducing the Deliverable (s) in accordance with the rights licensed in the Agreement. In no event may Client or Client’s representatives retain or store any Deliverable(s)or any type of electronic data derived from a Deliverable after term of License expires.
  17. Conflict of Terms: In the event of a conflict of terms between the Agreement and the Client’s Estimate, Quote, RSP, Purchase Order or Invoice, all terms of this agreement have been agreed to by both PERC and Client and therefore are binding and supersede any terms on the Client’s pre-printed “terms & conditions” found on the back of the Client’s documents.
  18. Modification and Governing Law: The Agreement sets forth the entire Agreement between PERC and Client in regard to the Assignment and/or Image(s). No waiver or modification may be made to any term or condition contained in this Agreement without the express written consent of PERC. Client’s reproduction or use of any Image(s) in any manner whatsoever constitutes acceptance of this Agreement. The agreement shall be deemed to be a contract made under the laws of the United States of America, Wake County and the State of North Carolina and for all purposes shall 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 North Carolina or the United States District Court for the District of the State of North Carolina, Wake County. Client specifically waives all rights to contest each court proceeding on the grounds of personal jurisdiction, venue and forum non-convenience. In the event of any award or judgement in favor of PERC, or any settlement between PERC and Client, arising from effecting and protecting PERC’s rights and benefits hereunder and/or any aspect of this agreement, Client shall pay all costs and expenses incurred by PERC and/or PERC’s legal counsel related thereto, including, but not limited to, reasonable legal fees, arbitration and court costs, associated expenses, and legal interest on such award, judgement, or settlement.
  19. Application: These Terms & Conditions apply only when a session is booked without a specific Agreement; otherwise the specific Agreement takes precedence.