Moving Forward, Inc Terms and Conditions
Terms of Service
By engaging the services of Moving Forward Photography, Inc. (hereafter referred to as “Photographer”), you certify that you have read and agree to the following Terms and Conditions.
This Agreement governs the relationship between the parties and in no event shall any e-mail communication or other exchange, amend or otherwise modify the terms of this Agreement unless agreed to in writing.
Payment: Payment is due in full at the time of booking or at a time agreed upon by the photographer. Payment indicates acceptance of and agreement to all Terms and Conditions outlined here. Usage rights will not be granted until full payment is received.
Relationship of the Parties: The parties agree that Photographer is an independent contractor, and that neither Photographer, nor Photographer’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Photographer and the Photos or any other deliverable prepared by Photographer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
Delivery: Photographer may select delivery of photographs in JPG, TIFF, PNG, or other standard format, at a resolution that Photographer determines will be suitable for the Photos as licensed. It is the Client’s responsibility to notify the photographer if the photos are to be delivered at a specific resolution. The Photographer has no obligation to retain or archive any Photos or tours delivered to Client.
Matterport and other 3D Tours: Tours will be hosted by Matterport and provided by Moving Forward Photography, Inc. for six months. After that, it will become inactive. If it is agreed upon, a monthly fee of $10.00 or a yearly fee of $99.00 can be charged following the six months to keep the tour active.
Changes and Cancellations: Shoot dates or times may be changed or canceled without penalty up to twenty-four (24) hours before the scheduled shoot time. Changes or cancellations less than 24 hours prior to shoot time will incur a $75.00 change fee/$150.00 cancellation fee. Changes to the content of a shoot (e.g., addition of features) may require rescheduling and will incur additional fees. It is the primary shoot contact’s responsibility to monitor weather, readiness of the property, and/or any other factors that may affect Moving Forward’s ability to complete the shoot. It is the responsibility of the client to make sure the property is camera-ready.
No Exclusivity: This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Photographer, and Photographer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Photographer.
Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.
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 the Photos or materials furnished by Client. It is the client’s responsibility to obtain the necessary model or property releases are ensure they are full effect and in force.
General Law/Arbitration: This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of Illinois. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in Cook, Kane or Will County, Illinois, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Waiver: No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy.