This is a legally binding contract between Lex Lukas / Out Duh Box Media and the client. It supersedes all previous agreements (verbal or written) between parties. The only way to add or change this agreement is to do so in writing, signed by all parties. If any parties waive or alter part of this agreement, the rest of the agreement remains intact.
CONFIRMATION OF BOOKING
No booking is confirmed until the required deposit is received. Deposits will be made via Check, Paypal, Cashapp, Cash or payment method agreed upon by both parties.
Upon agreement with the client, Lex Lukas / Out Duh Box Media reserves the right to charge out of pocket expenses. I.E. travel, hotel, ground transportation, parking fees, food, and other related travel expenses to the client. This only appplies if Lex Lukas / Out Duh Box Media is required to travel outside of a 20 mile radius. If flights are required to be booked for Lex Lukas / Out Duh Box Media travel. All flights must be booked at the expense of the client.
Upon initial first edit Lex Lukas / Out Duh Box Media sends to the client, the client can have a maximum of 1 additional re-edit for minor changes at no charge. Notes and ideas must be sent to Lex Lukas / Out Duh Box Media, of what to change or add, for each re-edit. If the client exceeds more than 1 re-edit, Lex Lukas / Out Duh Box Media will charge a fee per re-edit of the work. If client requests a complete Re-edit of videos then an addition edit charge will be required. Re-shoots will also require an additional fee.
If the shoot / event is cancelled or postponed by the client prior to the shoot / event, the nonrefundable deposit will not be returned, it being the agreed loss suffered by the photographer due to cancellation. If the shoot / event is cancelled within 1 - 30 days of the shoot / event, the full amount will still require payment and will be non-refundable. In the unlikely event the director determines that he is unable to complete the shoot / event due to unforeseen circumstances, all money (including the deposit) will be returned to the client. ALL SALES ARE FINAL. WE DO NOT OFFER REFUNDS.
LIMIT OF LIABILITY
In the unlikely event of a total failure or cancellation of this contract by either party or in any circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss. Any legal matters will be held in the photographer’s / Videographer's home state, any legal fees incurred by the photographer as a result of a client prosecution will be paid by the client.
COPYRIGHT, REPRODUCTION, AND ARTIST / MODEL RELEASE
The copyright of the photographs / videos is retained by the photographer / videographer at all times throughout the world. Where a disc of photographs / videos has been included for the clients as part of the shoot / event collection, these photographs / videos will include a print release and may be printed or uploaded, and or displayed online, for personal use. Commercial uses must be expressly approved in written form by the photographer / videographer and include citation.
The photographer / videographer retains the right to use the photographs / videos for the purposes of advertising or otherwise promoting his work. Client agrees not to sell any of the files or prints without written permission from the photographer / videographer. The client agrees to have themselves and others in their photographs pictured in such a way. The client agrees that they are signing a artist / model release to allow the use of their photographs / videos (of themselves) for the photographer's / videographer's business purposes. Lex Lukas / Out Duh Box Media retains the right to use any footage captured towards the marketing and / or promotions of Lex Lukas / Out Duh Box Media. The copyright of all original raw video files produced by Lex Lukas / Out Duh Box Media is retained by the company, meaning (Original data files remain property of Lex Lukas / Out Duh Box Media). If the client wishes to obtain original data files, a request must be made to purchase files from Lex Lukas / Out Duh Box Media.
SOCIAL MEDIA & COPYRIGHT INFRINGMENT
This clause applies to all social media, including Facebook, Instagram, Twitter, Pinterest, websites and all other blogs. When published online it is required that citation of photographer / videographer be made. The client agrees that they will under no circumstances alter the photographer's / videographer's photographs / videos that are placed in public on the internet. Photographs / Videos that are placed online must be accurate representations of photographer's / videographer's work so future clients have appropriate understanding of the type of photographs / videos that they’ll receive. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that all photographer's / videographer's logos cannot be cropped (with the exception of the forced cropping for Facebook’s Timeline), altered in color, or edited in any way. If client or any other parties besides client posts photographer's / videographer's photos online without accreditation, watermarks, or permission by photographer / videographer; they run the risk of being fined up to $300 per content. (U.S. Copyright Act at 17 U.S.C. 106)
RETENTION OF DELIVERED FILES
Once the JPEG / MP4 / MOV files are delivered to the client , it is the client’s sole responsibility to protect and retain their images / videos for the future. It is highly recommended that DVDs or USB drives be duplicated and stored in multiple locations that are cool and dry. (Technology can be unreliable; one of the best ways to ensure the client’s images / videos will last for generations is for the client to print or burn them on DVD.) If you would like you can purchase and reserve a DropBox folder where files will be stored in an online folder forever. If client requires old files to be duplicated by the photographer's / videographer's, and they are still within the photographer's / videographer's possession, a restocking fee may be applied. Under no circumstances will Raw files be distributed to clients unless an agreement is made between both parties.
SATISFACTION & ACCURACY
The client agrees that the work delivered will be of a similar style and caliber to those photographs / videos on our website and social media sites, and that the photographer / videographer will have complete creative control during the photographs / video and in post-processing if agreed upon both parties. The images will be delivered in JPEG format and videos will be delivered in MP4 or MOV format, and deemed appropriate by the photographer / videographer. No re-editing will be done after the final edited copies are presented to the client. The client agrees that the photographer / videographer can only capture the event that happens; weather, location, schedule complications, time restraints and subject’s ability to cooperate, are all factors in the quality of the photographs / videos. The photographer / videographer will not edit for physical size, hair, nor any other physical appearance issue other than blemishes and color correction.
No event guests and attendants or employees of the Client may impede the photographer / videographer when he is shooting or performing his duties; failure to comply with this may result in missed moments or fewer delivered images / videos.
PLEASE DO NOT ALLOW ANY CAMERA PHONES DURING PRIVATE SESSIONS UNLESS AGREED UPON BOTH PARTIES.
Please notify all guests that during the (video shoot, event, reception and church ceremony) they must be discrete with camera phones, iPads, and any other personal cameras as they are a distraction from your professional photos / videos. If photographer / videographer arranges posed shots, guests MAY NOT UNDER ANY CIRCUMSTANCE use their own cameras to take duplicate shots of photographer's / videographer's photos / videos unless agreed upon both parties. The responsibility of this will fall on the client to ensure all are in compliance. Lighting deficiencies at venues may interfere with photographer's / videographer's ability, all attempts to provide adequate lighting situations must be made by the client. No other professional photographer's / videographer's will be hired by the client or located on site photographing or video recording the client unless otherwise confirmed by Lex Lukas / Out Duh Box Media.
FOOD/BREAKS (ONLY APPLIES TO EVENTS)
The photographer / videographer will be allowed one 20 minute break at their own discretion, and bathroom breaks when necessary.
*YOU MUST PROVIDE A SEPARATE TABLE AT RECEPTION FOR PHOTOGRAPHER / VIDEOGRAPHER AND ASSISTANT(s) FOR RESTING PERIODS AND EXTRA EQUIPMENT NOT IN USE.
If a table is not provided for Lex Lukas / Out Duh Box Media; we have the right to refuse service at reception / event. A table near electrical outlet is much preferred as we have equipment that must stay charged at all times to provide your photos videos. Each photographer / videographer will be provided a full guest meal for events lasting longer than 5 hours. If no meal is provided, the photographer / videographer reserves the right to go of-site for a meal for 45 minutes.
If any property of Lex Lukas / Out Duh Box Media is damaged or stolen during the video shoot or event due to negligence and / or carelessness by the client or the clients party, they are required to pay the required amount to replace any damaged items.
All contracted package amounts must be paid on or before the scheduled date of event / video shoot unless agreed otherwise by both parties. Any remaining balance may be subject to Interest fees. No files will be released until balance is fully paid. If balance is not paid in full within 30 days of completion, Lex Lukas / Out Duh Box Media reserves the right to delete and dispose of clients files with no refund. This agreement is binding, and failure to meet its terms will allow Lex Lukas / Out Duh Box Media to take certain recourse. By signing or reading this contract, client has agreed to all terms and policy changes as soon as the first deposit is made.
CHOICE OF LAW / ARBITRATION
This Agreement shall be constructed in accordance with the laws of the State of New York City. Any claim or dispute arising out of or relating to this Agreement or breach thereof shall be settled by arbitration with the rules and regulations of the American Arbitration Association. The parties hereto agree to be bound by the award in such arbitration and judgement upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
I have read, understand and agree with every provision of this contract and by my signature or verbal agreement, hereby certify that I accept and agree to abide by them and that I am competent and legally qualified to enter in to such a contract.
Lex Lukas / Out Duh Box Media