Legal Definitions

A) The client whose name is specified on the invoice the website (here-in-after referred to as “the Client”) has hereby commissioned Products On White Photography (hereinafter referred to as POW) to supply or create and deliver photography.   “Image(s)” means all viewable renditions furnished by Products on White Photography hereunder, whether captured or stored in photographic magnetic, optical, or any other medium whatsoever.  Blah Blah Blah…

 

You Must Tell Us Exactly How To Shoot It

Simply, if you don’t tell us how to photograph it, then we won’t know how to photograph it.  If we shoot it the way you tell us and you want something different than that, then we’ll have to bill you for the new photograph because we’ve already spent time shooting it the original way you told us.

Use this guide to tell us what to do:

Tell Us How To Shoot It Guide:  http://bit.ly/TellUsHowToShootItGuide

 

A) POW is able to offer this low-cost service and quick turn around because it unencumbered by on-set art direction. Therefore, on-set art direction is not allowed.

B) Art direction is defined as the client or representative, either on set or virtually, approving or disapproving each photograph as it is photographed and giving live real-time direction of the shoot. Any client based interaction, which will hinder this unique process will be a violation of the terms and conditions.

C) Direction of  how the images are to be photographed must be specified in the notes section in writing done during the ordering process or in a separate email as directed by the confirmation email.  “Comps”, drawings, illustrations, tear sheets, cell phone images, reference urls are required to help guide the photographers.

D) If the product was photographed like the example image provided by the client in style and position and The Client changes their mind and wants a different “look” or object position, than what was specified before shooting then the photographer has the option to cancel the job and refund the money or The Client may pay for an extra photograph.

E) If no example or guide images are provided then the client losses the right to a refund, revision or approval.

 

100% Refund Policy, Revisions and Image Approval/Disapproval

A) The client will be given the chance to approve or disapprove an image within the framework of the guide images at the conclusion of the photoshoot via email or phone call when the images are posted to the download site, not before. The product in the disapproved image may be rephotographed or re-retouched up to 2 times or the client may choose to receive a 100% refund.

B) Disapproval must be expressed in detail as a phone call or email and very specific changes must be made clear.

C) If the disapproved image has been rephotographed or re-retouched 2 times or more, the photographer may choose to refuse additional changes and issue a full refund, force closing the job.

D) Using the images after a refund is a violation of copyright law and such violations will be pursued.

E) Usage of the image constitutes approval of the images.

F) The client may not request a refund, changes or reshoots after the client has approved the final images.

G) Images not downloaded after 30 days will be considered orphaned, the product forfeited and job closed.

H) Images that are disapproved are no longer liable to the 7 business day turn around time or 3 day rush time.

I) Disapproved images will be redone in 5 business days or less from the time detailed directions are received.

 

Product Quality And Resulting Image

A) POW will photograph the item as it arrives at the studio.  If the item has flaws, mis-labels, “waves” in the labels, nicks in the package or products, inherent damage, it will be photographed as such.

B) If the item arrives unacceptably damaged as determined by our receivables department, you will be contacted and given a chance to send a new item to be photographed.

C) POW may retouch certain minor flaws inherent in the product but it is not required too.

D) POW can provide propping for a photo but the client must provide all props for the photograph. Clear direction is required, preferably in the form of a cell phone photograph of the setup.

 

Pre-approval Images

A) When shooting a large quantity of products or a highly difficult items sometimes POW will send a pre-approval image. Aspects of this pre-approval image, such as overall lighting quality & highlight position determine how other similar products will be photographed. If this “Guide Image” is approved, reshoots and re-retouching cannot be requested for these specific aspects.

B) If the client requests a reshoot or re-retouching of an aspect of a photograph that was defined by the “Guide Image” additional charges will be incurred at the standard POW rate for a reshoot or in a pro-rated rate of $100 an hour for re-retouching.

 

Turn Around Time & Delays

A) Turn around times begin upon the delivery of the products to POW Studio.

B) POW will make every reasonable attempt to deliver the pictures within a reasonable amount of time, however, POW will not be held responsible for delays due to act of god or terrorism.

C) 7 day turn around time refers to 7 business days, specifically Monday – Friday.

D) 3 day rush turn around time refers to 3 business day, specifically Monday – Friday.

E)  If the rush turn around time is not met than, the order will change to a 7 day order and a refund for the additional rush fees will be refunded.

F) If the 7 day turn around time is not met, than the client may ask for a full refund on the 8th day.
G) Standard and Rush turn around times are only applicable on order under 100 items. On orders where there are 100 or more items to photograph the turn around time will vary and is based on the total number of items to photograph and the difficulty. In this case, specific turn around times are available upon request but are otherwise open and without a specified time frame.
 

Payment

A) The Client must pay 100% of the costs up front through the website for orders less than 100 products

B) For order over 100, an estimate and contract will be sent and must be approved via email.

 

Image Ownership And Usage & Copyright

Summary:
Copyright is a rather confusing and touchy subject.  At POW we maintain ownership over the copyright.  We grant world-wide, unlimited usage rights for an unlimited amount of time, in an unlimited amount of mediums and alterations for promotional and advertising usage of the company that made the order.  This is the most usage that can be given and it is included in the price. A photographer that gives away copyright is almost unheard of in our industry.

Without ownership you would only be restricted from selling the copyright of the images to others and filling lawsuits against those that use the images without permission.  If you feel that you still need the copyright we do sell the copyright for an additional $20 per image however if you don’t plan on doing the above 2 things, it may not benefit you.

However, if you are mostly concerned about us sharing the images, we are more than happy to agree to not share them on our website or with anyone.

We are more concerned about you having a positive experience with us than sharing your images.  Additional Information:   https://asmp.org/articles/working-assignment-photographer.html#.VL0qCS7F85g

 

A) All photographs and rights remain the exclusive property of POW.

B) Ownership is different from usage and the client is given world-wide, unlimited usage rights for an unlimited amount of time, in an unlimited amount of mediums and alterations for promotional and advertising usage of the company that made the order.

C) The client may not, however, re-licence or sell ownership of the images to others as their own, license the images to others or give images to others for 3rd Party Usage.  This includes reselling the images or placing them in stock for profit and it is a violation of the copyright agreement.

D) The clients competitors are not allowed to use the images captured for the client on their marketing or on any retailer’s site to promote an exact same product and POW will not provide the exact images to the clients competitors.  This is a violation of copyright and POW can issue a cease & desist order on behalf of the client in this case.

E) If a competitor hires POW to photograph the exact same product, the product will be re-photographed and new images will be provided to the competitor even if it is styled in a similar manner.

F) If the client wants to purchase the copyright, it is available for sale at the end of the photoshoot for an additional $20 per photo.

G) POW will not share or distribute images that the customer has explicitly noted in an email that we should not share.

 

Image Sizing & Resolution

A) POW delivers an image that is a full resolution Tif.   The Tif file is the universal industry accepted high-resolution format.
As a standard, images are color matched to the product, retouched for dust and scratches, skewed to be straight. Reflections are gradated to white no more than 25% below the product. Images are flattened and paths/clipping paths around the product can be found in the paths menu if ordered.

Format: 		High Resolution Tiff
Compression: 		LZW
Width/Height:		Largest possible File Size, no smaller than 3000px on any side.  
Colorspace:  		Web-ready sRGB
Background: 		255/100% white around the product

B) POW will not be held responsible resizing or reformatting images to fit the clients wide range of possible uses.  The image sizes are delivered in large format to enable the majority of these standard uses, for example on a website, in a standard sized catalog or printed in a magazine.

C) The images are delivered large enough for printable uses of a maximum of size of 8.5×11 inches with a print resolution of 300dpi and a minimum size as limited by a standard screen resolution.  Uses of the images larger than this, such as billboard, vehicle clings, large convention displays; may not render or print with the optimal quality and is not covered by POW’s quality guarantee.
D) POW will not deliver layered PSD files or Jpeg files.
E) If you need help preparing your images for your website please review this FAQ:  https://www.powproductphotography.com/question/how-to-prepare-an-image-for-my-website/

 

Products Shipping, Return Shipping

A) The shipping of products to and from POW is the sole financial and physical responsibility of the client enroot to POW.

B) POW will not be held responsible for damaged goods in the shipping process.

C) The client must place the POW provided Order Summary, printed at the end of the process, in the box prior to shipping. If it is neglected, then POW will not be responsible for delays of photography or confusions.

D) Return shipping is optional and at the client expense.

E) Payment for return shipment is billed separately and returned at cost +10%, in the same manner and with the same shipping service unless otherwise specified in the notes.

F) An invoice for the return shipping will be sent and once paid, the shipment will be made.

G) The Client assumes full risk of loss or damage to or arising from materials furnished by the client hereunder and warrants that said materials are adequately insured against loss, damage or liability. The client shall indemnify the Photographer against all claims, liability, damages, and expenses incurred by the photographer in connection with any claim arising out of the use of said materials hereunder.

 

Products That Are Not Returned

A) Return shipment of products is optional and must be requested.

B) Non-perishable products are stored with POW for 1 month.  After 1 month, POW shall become the owner of such products and items and maybe disposed of, sold or donated.

C) Automate emails will be sent at least 2 times prior to product removal.

 

Over-Payment, Under-Payment And Refund Information

A) If a customer overpays they will be contacted as soon as the error is recognized.  The customer will automatically be refunded the full amount if there is no response for 30 days.

B) If a client underpays for a service (for example the client pays for 5 products to be shot and sends 6), they will be informed and a gallery will be delivered in a non-downloadable format until the difference has been paid.

C) All refunds are made though paypal to the paypal account or credit card that it was processed on.

 

This agreement is binding

The Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of POW, Client, Client’s principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and the Client is bound by, oral authorizations for fees or expenses, which could not be confirmed in writing because of insufficient time. This agreement incorporates, by reference, Article 2 of the Uniform Commercial Code and the Copyright Act of 1976, as amended.

 

Disputes

Except as provided below (b), any dispute regarding this agreement shall be, at POW’s sole discretion, either (1) arbitrated in Chicago under the rules of the American Arbitration Association and the laws of Illinois. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $2,500 or less may be submitted without arbitration to any court having jurisdiction there of. The client shall pay all arbitration and court costs, POW’s reasonable legal fees, and expenses, and legal interest of any award or judgment in the event of any ward or judgment in favor of POW., or (2) adjudicated in Chicago under the laws of Illinois. The Client shall pay all court costs, the Photographer’s legal fees, and expenses, and legal interest on any award or judgment in the event of any award or judgment in favor for POW. Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by POW under the Copyright Act of 1976, as amended.

 

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