Terms & Conditions
TERMS & CONDITIONS
Photo + Video Services
DEFINITIONS
This agreement is by and between MELLADRAMATIC LLC and the “Client” (the commissioning party agreeing to these terms, including Client’s representatives). MELLADRAMATIC LLC’s relationship with Client is that of independent contractor. “Image” or “Image(s)” refers to photographic or any other form of materials delivered by MELLADRAMATIC LLC to Client. MELLADRAMATIC LLC shall be considered the sole author of the Image(s). The Image(s) will be MELLADRAMATIC LLC’s interpretation rather than a literal re-creation of Client’s concept(s) and/or layout(s). “Assignment” refers to the photography assignment described on the face of this Agreement that Client is specifically commissioning pursuant to this Agreement.
PAYMENT
Client and Client’s representatives are jointly and severally responsible for full payment of all fees, charges and expenses. A 50% deposit is required at the time of booking and remaining total balance is due prior to or on the scheduled day of the Assignment. 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. Any reasonable legal fees and/or court costs MELLADRAMATIC LLC incurred to obtain payment shall be reimbursed by Client.
POSTPONEMENTS AND CANCELLATIONS
A Postponement is a rescheduling of the Assignment by the Client, with prior consent of the MELLADRAMATIC LLC, to a mutually agreeable date within 30 calendar days of the original Assignment date. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:
Cancellation within 48 hours of booking will result in a full refund of your deposit and no additional fees.
Cancellation after 48 hours of your scheduled booking and prior to 2 weeks (10 business days) of scheduled Assignment, MELLADRAMATIC LLC shall retain the 50% paid deposit and Client will not be responsible for the remaining balance due.
Cancellation with less than 1 week (5 business days) prior to scheduled booking will incur a charge of full payment for the Assignment.
GRANT OF RIGHTS
MELLADRAMATIC LLC agrees to the perpetual license of the right to display and transmit any image(s) to Client, excluding the right to authorship credit, modification, and resell, which is retained by MELLADRAMATIC LLC. MELLADRAMATIC LLC agrees that design work is produced with the intent to be unique and will not seek to resell Services. Except as expressly licensed by MELLADRAMATIC LLC in this Agreement, MELLADRAMATIC LLC reserves all other rights in and to the Image(s) of every kind and nature. No license is valid unless signed by MELLADRAMATIC LLC. No rights licensed may be assigned or transferred to a third party without MELLADRAMATIC LLC’s prior written consent.
COPYRIGHT
This is not a work made for hire. All Image(s) are © Melody Bilbo.
RIGHT TO AUTHORSHIP CREDIT
MELLADRAMATIC LLC may use all Image(s) in MELLADRAMATIC LLC’s portfolio (including, but not limited to, any website that displays MELLADRAMATIC’s work). Client does not have to display MELLADRAMATIC LLC’s name together with Image(s), unless being described with any editorial usage, but Client may not seek to mislead others that Image(s) were created by anyone other than MELLADRAMATIC LLC.
CONFIDENTIALITY
MELLADRAMATIC LLC acknowledges that it will be necessary for the Client to disclose certain confidential and proprietary information to MELLADRAMATIC LLC in order for MELLADRAMATIC LLC to perform their duties under this Agreement. MELLADRAMATIC LLC acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm the Client. Accordingly, MELLADRAMATIC LLC will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of the Client without the Client's prior written permission except to the extent necessary to perform services on the Client's behalf.
FAILURE TO PAY
Failure to adhere to Payment Schedule will result in legal action in which Client will be responsible for all legal fees incurred by MELLADARMATIC LLC and will lose “Grant of Rights”.
LIMITATION OF LIABILITY
Client agrees that MELLADRAMATIC LLC will not be liable for any incidental or consequential damages that arise from MELLADRAMATIC LLC’s performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.)
RELEASES
No model or property release exists for any Image(s) unless MELLADRAMATIC LLC submits a separate written model or property release to Client.
GOVERNING LAW
This Agreement shall be governed under the laws in the State of Illinois.
ENTIRE AGREEMENT
This agreement contains the entire understanding between MELLADRAMATIC LLC and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.