TERMS AND CONDITIONS OF PHOTOGRAPHY VIDEO AND CREATIVE SERVICES

GENERAL

These Terms and Conditions apply to all photography videography content creation marketing branding and creative services provided by F.35 Studio referred to as the Studio. By signing an estimate proposal invoice agreement or making payment the Client acknowledges that they have read understood and agreed to these Terms and Conditions.

ESTIMATES AND PROPOSALS

All estimates and proposals are valid for thirty days unless otherwise stated. Prices are based upon the scope of work outlined in the estimate. Any additions revisions or changes requested by the Client after approval may require a revised estimate and additional fees.

BOOKING AND RETAINER

A signed estimate or agreement together with the required retainer is required to reserve a production date. Dates are not secured until the required retainer has been received. Unless otherwise stated retainers are non refundable and compensate the Studio for reserving production time and declining other work.

PAYMENTS

Unless otherwise agreed in writing a retainer is due upon booking. The remaining balance is due prior to or on the day of production. Final photographs videos marketing materials or other deliverables will not be released until payment has been received in full. Late payments may be subject to interest collection costs attorney fees and any other remedies permitted by law.

SCHEDULING AND RESCHEDULING

The Client may request one complimentary reschedule with at least seventy two hours notice subject to availability. Additional reschedules may incur additional fees. If weather illness equipment failure safety concerns acts of God or circumstances beyond the Studio's control prevent completion of the project both parties will work together in good faith to reschedule. The Studio does not guarantee availability for replacement dates.

CANCELLATIONS

Retainers are non refundable. If the Client cancels more than seventy two hours before production the retainer shall be forfeited. If the Client cancels within seventy two hours of production the Client shall also be responsible for any costs already incurred including permits rentals travel assistants locations accommodations purchased materials and other production expenses. Projects abandoned after production has begun remain fully billable.

TRAVEL

Projects outside the Studio's standard service area may be subject to additional travel fees. The Client is responsible for mileage parking tolls lodging airfare equipment transportation permits meals and other reasonable travel expenses unless otherwise agreed in writing. Travel delays caused by weather traffic transportation providers or other circumstances beyond the Studio's control shall not constitute a breach of this Agreement.

WEATHER

Outdoor productions are subject to weather conditions. The Studio reserves the right to postpone or reschedule a production due to rain excessive wind wildfire smoke poor air quality unsafe temperatures hazardous conditions or any circumstance that may compromise safety equipment or image quality. Weather related postponements initiated by the Studio will be rescheduled without penalty. If the Client elects to continue production despite adverse conditions the Studio makes no guarantee regarding image quality or production results.

CLIENT RESPONSIBILITIES

The Client is responsible for obtaining all necessary permissions permits property access parking arrangements location approvals and permissions required for the project. The Client is responsible for ensuring that all locations are clean prepared and ready prior to the scheduled start time unless otherwise contracted. The Studio is not responsible for staging cleaning organizing or removing objects unless specifically included in the estimate.

CREATIVE DISCRETION

The Client acknowledges that the Studio has been selected for its artistic style experience and creative judgment. Lighting composition editing color grading retouching framing image selection and all creative decisions remain solely at the discretion of the Studio. The Client has reviewed the Studio portfolio and understands that final deliverables will reflect the Studio's artistic style.

IMAGE SELECTION AND EDITING

The Studio will select the strongest final images and video clips for delivery unless otherwise agreed in writing. RAW files unedited photographs and project files remain the exclusive property of the Studio and are not included. Additional editing retouching revisions or requests beyond those included in the proposal may incur additional fees.

DELIVERY

Estimated delivery dates are estimates only and are not guaranteed. Photography projects are generally delivered within two to three weeks unless otherwise stated. Video projects marketing projects and commercial productions vary depending on scope. Delivery may be delayed due to Client feedback requested revisions missing materials or circumstances beyond the Studio's control.

EXPEDITED EDITING

Rush editing may be available depending upon production schedule. Expedited delivery requires written approval and additional fees. Expedited services apply only to the initial delivery of completed files and do not shorten review revision printing licensing or third party production timelines.

CLIENT REVIEW AND APPROVAL

When proofs galleries layouts videos marketing materials or other creative work are provided the Client agrees to review and provide consolidated feedback within seven calendar days unless otherwise stated. Failure to provide timely feedback may delay project completion. Once final approval has been provided or deliverables have been published printed distributed or otherwise used all work shall be deemed accepted. Additional revisions requested after approval may be billed at the Studio's current hourly rate.

COPYRIGHT

The Studio retains full copyright ownership of all photographs videos graphics marketing materials and creative works under United States Copyright Law unless otherwise transferred in writing.

LICENSE OF USE

Upon full payment the Client receives a non exclusive non transferable license to use the final deliverables only for the purposes described in the approved estimate or proposal. No ownership rights are transferred. Images videos and creative work may not be sold resold sublicensed transferred provided to third parties used by affiliated businesses used in advertising campaigns beyond the agreed scope used for stock photography or substantially modified without the Studio's prior written consent. Additional licensing including exclusive licensing unlimited commercial licensing national advertising packaging editorial publication manufacturer licensing or extended commercial use may be purchased separately.

SOCIAL MEDIA AND PORTFOLIO

Unless otherwise agreed in writing the Studio reserves the right to use completed work behind the scenes content project descriptions photographs videos and related materials for portfolio website social media advertising competitions publications educational purposes and self promotion. Clients requesting confidentiality must provide written notice before production begins.

MODEL AND PROPERTY RELEASES

The Client is responsible for obtaining all necessary model releases property releases permissions trademarks and other authorizations unless otherwise agreed in writing. The Studio is not responsible for claims arising from missing or incomplete permissions supplied by the Client.

ARTIFICIAL INTELLIGENCE

The Studio may utilize professional artificial intelligence tools to assist with workflow including image culling noise reduction masking transcription keywording copywriting translation object removal and administrative tasks. Artificial intelligence shall not replace the Studio's creative judgment or final quality control. The Studio will not knowingly use Client photographs videos confidential information proprietary materials or personal information to train publicly available artificial intelligence systems without the Client's written consent. The Client shall not use reproduce scrape modify or submit the Studio's copyrighted work to artificial intelligence systems datasets or machine learning platforms without the Studio's prior written permission.

EQUIPMENT FAILURE

Reasonable precautions are taken to maintain professional equipment backup equipment and secure storage. In the unlikely event of equipment failure data corruption theft accidental loss or other circumstances beyond the Studio's control liability shall be limited to the total amount paid by the Client for the affected services.

MARKETING SERVICES

Marketing branding consulting content strategy advertising social media management search engine optimization and related services are provided using professional judgment and industry best practices. The Studio does not guarantee sales leads website traffic search rankings advertising performance social media growth return on investment or any specific business outcome.

THIRD PARTY SERVICES

The Studio is not responsible for delays failures damages or losses caused by laboratories print providers web hosting companies advertising platforms social media platforms shipping companies rental companies subcontractors software providers internet services or other third party vendors.

ARCHIVING

The Studio is not obligated to permanently archive photographs videos marketing materials or project files after delivery. Clients are responsible for downloading and securely backing up all deliverables upon receipt. Archived files may be deleted without notice. Retrieval of archived files if available may be subject to additional fees.

INDEMNIFICATION

The Client agrees to defend indemnify and hold harmless the Studio its owners employees contractors assistants agents successors and assigns from and against any claims demands actions damages liabilities losses judgments penalties fines costs expenses or attorney fees arising out of the Client's negligence breach of this Agreement failure to obtain required permissions model releases property releases trademarks copyrights permits licenses or other required authorizations. The Client further agrees to indemnify the Studio against claims arising from materials information instructions locations products services or content supplied by the Client. This obligation shall survive completion of the project.

LIMITATION OF LIABILITY

The Studio shall not be liable for indirect incidental consequential special punitive or exemplary damages including loss of income loss of profits business interruption lost opportunities reputational harm marketing performance advertising performance website traffic or other economic losses. The maximum liability of the Studio shall not exceed the total amount paid by the Client for the services giving rise to the claim.

GOVERNING LAW

This Agreement shall be governed by the laws of the State of California. Any legal action shall be brought exclusively in the courts located in Santa Clara County California.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between the Studio and the Client and supersede all previous discussions representations negotiations or understandings. Any modification to this Agreement must be made in writing and signed by both parties.