@kmrobinsonphotography

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TERMS AND CONDITIONS

Please READ carefully, as this pertains to the Agreement of your registration with any of the products sold (sometimes referred to as Program) by K.M. Robinson Photography (sometimes referred to as “Company”).

By purchasing our products, you (sometimes referred to as "Client") agree to the following terms stated.

PROGRAM
K.M. Robinson Photography agrees to provide course content, identified as an online course aid, to help Clients market their business online. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of their participation in any of our programs.

DISCLAIMER
Client understands K.M. Robinson and K.M. Robinson Photography is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.

Client understands that neither K.M. Robinson, nor Company, has not promised, nor shall be obligated to, the following:

1Success in business, results, and sales for the Client.

2Provide assistance, as either coach or mentor, with consultations for future business contracts made by Client.

3Procure any publicity, social media exposure, interviews, write-ups, features, television, or print promotions for the Client.

4Introduce Client to K.M.’s full network of contacts, media, or business partners. Client understands that a relationship does not exist between the Parties after the conclusion of this program.

FINANCIAL OBLIGATION
Client is responsible for the completion of all payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

METHODS OF PAYMENT
We accept Visa, Mastercard, and American Express as a form of payment. If Client chooses to pay by monthly installments, he/she authorizes the monthly charge for the product on the Client`s credit card or debit card.

REFUNDS
With the exception of some of our online programs (see below), you may not request a full refund within 30 days of your original purchase by contacting our support team at katie@kmrobinsonphotography.com and definitively requesting the full refund. We will NOT provide refunds after 30 days from the date of original purchase. On the 31st day, all payments are non-refundable and you are responsible for full payment of the fees for the product, regardless of whether of not you complete the program.

Please note: If you opted for a payment plan and you do not request a refund within 30 days, you are required by law to complete the remaining payments of your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency. 

For online courses, within 30 days of purchase, if you haven't seen any results, but you've completed the course, implemented the strategies, and can demonstrate that you did the work, we will happily return the investment that you've made in yourself. We will NOT provide refunds after 30 days from the date of original purchase. On the 31th day, all payments are non-refundable.

Please note: If you opted for a payment plan, you are required by law to complete your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

Click-Worthy Newsletters for Photographers Online course Clients need to submit ALL of the following items with request for a refund at the time of request:

•                Create a header specific to your photography brand for your newsletter that is not the free header given out during the Newsletters for Photographers webinar.

•                Screen shots of specific newsletter layout.

•                Three welcome sequence emails after registration encouraging them to download your freebie, view blog posts or other website content, actively open up communication by giving them permission to email you back, directing them to your social media, surprising them with an extra freebie, and informing the when them will hear from you next .

•                Provide the three addition newsletter emails after the welcome sequence by showing the email sent out and the amount of people who received said email.

•                Proof of automation and activation of workflow in the form of live emails.

•                Screenshots of four social media posts advertising your Giveaway.

•                Live link using your opt-in on your website and blog.

•                A LIVE link to your Opt-In Page.

•                A screenshot of opt in results reflecting the time during the thirty days after purchasing the course with open rates.

•                 

Please note:
All refunds are discretionary as determined by K.M. Robinson Photography. If you have any questions, contact us at katie@kmrobinsonphotography.com.

As mentioned above, all refunds are discretionary. If you just downloaded the Training Material (PDFs, audios, videos, additional workbooks, bonus downloads, and/or etc.), and then promptly asked for a refund, we reserve the right to deny your refund request. Why? Because the point of the policy is to give people the chance to try the system, and if it doesn't work, they can get their money back. It wasn't designed to enable people to steal the Training Material.

Bots for Togs Membership (Portraiture or Wedding)

Due to the nature of the monthly trainings and templates, once a member has paid for the month, no refunds will be processed.

As mentioned above, all refunds are discretionary. If you just downloaded the Training Material (templates, PDFs, audios, videos, additional workbooks, bonus downloads, and/or etc.), and then promptly asked for a refund, we reserve the right to deny your refund request. It wasn't designed to enable people to steal the Training Material.

Members can cancel their membership before the next month begins in order to avoid future charges. All cancelation requests must be sent to Katie@kmrobinsonphotography.com with subject line MEMBERSHIP CANELATION REQUEST before the first of the next month in order for us to cancel membership in time.

If members purchased the full year and wish not to renew their membership for the next year, cancelation request must be sent during the last month of their existing membership so it may be canceled before the cycle begins again.

CONFIDENTIALITY
K.M. Robinson Photography respects Clients' privacy and insists that the Client respects ours as well. Thus, consider this a mutual non-disclosure Agreement. Any confidential information shared by K.M. Robinson Photography Participants or any representative of K.M. Robinson Photography is confidential, proprietary, and belongs solely and exclusively to the Client or representative who discloses it. Parties agree not to disclose, reveal, or make use of any confidential information or any transactions during discussions, in the forum or otherwise.

Client agrees not to use such confidential information in any manner other than in discussion with other Clients, or K.M., during the respective program. Confidential information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.

Both Parties will keep private information in strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss, and theft.

Client agrees not to violate the Publicity or Privacy Rights belonging to K.M. Robinson Photography. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or our direct or indirect dealings with Client, including but not limited to, names, email addresses, third-party company titles or positions, phone numbers, or postal addresses. Additionally, Client will not, at any time, either directly or indirectly, disclose confidential information to any third party.

By purchasing our products, you agree that if you violate or display any likelihood of violating this Agreement, K.M. Robinson Photography and/or the other program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

CLIENT RESPONSIBILITY
Products developed by K.M. Robinson Photography are for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from products developed by K.M. Robinson Photography. K.M. Robinson Photography makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of products developed by K.M. Robinson Photography and their extent, the results experienced by each Client may significantly vary. Client acknowledges that, as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in products developed by K.M. Robinson Photography. K.M. Robinson Photography program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. K.M. Robinson Photography assumes no responsibility for errors or omissions that may appear in any program materials.

 

MISCELLANEOUS

LIMITATION OF LIABILITY
Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) from any and all damages that may result from any claims arising from any Agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.

 

NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client's associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.

INDEMNIFICATION
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of Client's payment for the right to participate in K.M. Robinson Photography Programs, the undersigned, your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge K.M. Robinson Photography and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.

NO TRANSFER OF INTELLECTUAL PROPERTY
Company’s Programs are copyrighted and original materials that have been provided to Client are for Client's individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client's business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the K.M. Robinson Photography. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s Agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

SEVERABILITY/WAIVER
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

ASSIGNMENT
Client may not assign this Agreement without express written consent of Company.

MODIFICATION
Company may modify terms of this Agreement at any time. All modifications shall be posted on the Program’s website and purchasers shall be notified.

TERMINATION
Company is committed to providing all Clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client's participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other Participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.

 

RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The Parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.

EQUITABLE RELIEF
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

NOTICES
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: katie [at]kmrobinsonphotography[dot]com. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire Agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, Agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, United States of America.

EARNINGS DISCLAIMER:
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS AND THEIR POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCTS, IDEAS, AND TECHNIQUES. WE DO NOT PURPORT ANY OF OUR PRODUCTS TO BE A “GET RICH SCHEME.”

ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO OUR PROGRAMS, IDEAS, AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE, AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO THE INDIVIDUAL, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

MATERIALS IN OUR PRODUCTS AND ON OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES, OR IS BASED UPON, FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD-LOOKING STATEMENTS HERE, OR ON ANY OF OUR SALES MATERIALS, ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS ARE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR THE TESTIMONIALS OF OUR CLIENTS. IN FACT, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE IDEAS AND TECHNIQUES IN OUR MATERIAL.WTC REFUND POLICY.

Copyright © K.M. Robinson Photography

K.M. ROBINSON PHOTOGRAPHY BOOK COVER CONTRACT

This AGREEMENT is entered into as of the commission of a cover or trailer between 

(a)K.M. Robinson Photography located at 53 Beech Street Bethany PA 18431 (hereinafter referred to as the “Supplier”); and 

(b)Client (hereinafter referred to collectively as the “Client”) with respect to the creation of certain images (hereinafter referred to as the “Images”):

A.WHEREAS, Supplier is a professional photographer and designer of good standing; 

B.WHEREAS, Client wishes the Supplier to create the Images described more fully herein; and 

C.WHEREAS, Supplier wishes to create such Images pursuant to this Agreement;  

NOW, THEREFORE, in consideration of the foregoing promises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows: 

Description.  The Supplier agrees to create the Images in accordance with the following specifications: 

a.Project title and description of Images: Book Cover or Trailer;

b.Date of Cover Completion: delivered to client on date specified in invoice.

c.Designer 1 (base cost) – Cover design is at the sole artistic discretion of the Supplier. Client acknowledges that the designer allows for two rounds of adjustments to be made to the cover design. Any additional changes will be subject to an hourly fee.

d. Photographer 1 (base cost)- Supplier acknowledges that any costs incurred during the photo shoot for the cover is their responsibility to cover, including but not limited to, models, wardrobe, props, location licensing fees, stock image use, etc. All models will receive payment for their time and use of the likeness for $100-200 per model depending on the model and shoot. Creation of the cover is at the sole artistic discretion of the Supplier.  Client acknowledges that the photographer is a “fine arts” photographer and adheres to the said style.  No shots throughout the shoot are guaranteed. Client acknowledges that the photographer(s) is using their artistic discretion to create photographs as the photographer sees fit.  It is up to the photographer when enough images have been captured; 

e.Digital cover will be processed and put on online gallery for viewing with the availability for two changes to be made. Any further changes will be subject to an hourly rate.

Use of Images: Images are strictly produced for the client’s book cover and marketing only.  Client assumes all liability for any form of copyright infringement. 

Grant of Rights.  Supplier hereby grants to the Client the following rights to use the Images for book cover and marketing purposes only. No additional reproductions may be made under any circumstances without written content from Supplier outside of cover production. No Images may be altered for any reason without written consent. Any changes to cover for cover or marketing purposes must be made by K.M. Robinson Photography for a fee of $30 an hour.  No Images may be used online for any reason without written consent from Supplier with the exception of unedited promotional graphics. If consent is granted, all Images must be accompanied with “cover and photo by K.M. Robinson Photography  www.readingtransforms.com” 

These rights shall be worldwide and for the full life of the copyright and any renewals thereof unless specified to the contrary here:  Unless media sold to outside party.  This grant of rights includes electronic rights, unless specified to the contrary here.  Electronic rights granted shall be subject to the usage restrictions shown above.  For purposes of this Agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, DV media, computer databases, and network servers.  The Client is obtaining prints and digital images for personal use only including non-commercial web sites, and shall not sell said prints or authorize any reproductions thereof by parties other than the Supplier.  If any of the Supplier's images are published (on the web or any other media), proper photo credit such as “© Photo by www.kmrobinsonphotography.com” is required after obtaining written consent from the Supplier. 

Fee.  Client agrees to pay the following fee: 
Base:   $ To be determined and specified in invoice 
Additional Costs:$ To be determined and specified in invoice
Total Amount: $ To be determined and specified in invoice
Payment Terms: $ To be determined and specified in invoice

for photography, printing, and miscellaneous services set forth in paragraph 1 herein, including usage rights granted herein.  In the event of a termination of this Agreement by the Client, the Client agrees that all fees already paid to the Supplier as of the date the notice of termination is received by the Supplier will be forfeited.  Termination by the Client shall be in writing and sent by registered mail to the Supplier.  Acceptable forms of payment include cash, personal checks, money orders and Paypal.  Please make checks payable to "Katie Robinson".

Expenses.  Client agrees to reimburse the Supplier for all reasonable expenses incurred in creating the Images, provided that such expenses shall be itemized and supported by invoices.  Client is responsible for all Out-of-Pocket Expenses such as parking, entry, toll and other expenses directly related to the photographic assignment.  Such expenses will be billed as it becomes available.  

Payment.  Client agrees to pay the Supplier (amount) fee upon the signing of this Agreement. Upon signature, the Supplier reserves the time and date agreed upon.  For this reason, all reservation fees are non-refundable, even if the cover date is changed or canceled for any reason.  There shall be NO refund of any payment made.  Client is aware that the designer/photographer is blocking off the particular date in question therefore turning away any other potential work on that date therefore there is no cancellation and no refund is permitted.  If final payment is not received, K.M. Robinson Photography will not be expected to complete said cover.  Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.  If additional hours are worked, products will not be delivered until payment for those products is received in full.  A $50.00 fee with will be charged for any returned bank checks.  If Client fails, or refuses payment or delivery by the terms set forth, Photographer shall charge the Client a service fee of $50.00 plus 2% interest per month.

Liability.  The Supplier and any of his agents or third party associates will not be liable in the unlikely event that a problem arises, whether due to lateness, no show, accident, neglect, human error, loss of materials, acts of god, equipment or other failures.  The Supplier is not responsible for loss of, or interference with, the photography due to restrictions on the location, including but not limited to, access limitations, flash restrictions, and the like.  This limitation on liability shall also apply in the event that photographic materials are damaged in processing (film and digital), lost through camera malfunction, lost in the mail, fire or otherwise lost or damaged without fault on the part of the Photographer.  Client understands the unpredictable and non-posed nature of photojournalism (assumption of risk) and waives any right to any civil action due to missed or lost photographs (including but not limited to unintentional infliction of emotional distress and negligence).  In the event the Supplier fails to perform for any other reason, the Supplier‘s liability is limited solely to the return of all payments received from the Client under this Agreement.  

Authorship Credit. Authorship credit in the name of the Supplier [i.e., K.M. Robinson Photography] shall accompany the Images when reproduced, including inside of the book, and when posting videos to websites. Images or video may not be reproduced without written consent from Supplier. 

Copyright Notice. Copyright notice in the name of the Supplier [i.e., K.M. Robinson Photography] shall accompany the Images when reproduced.  All copyrights, as well as originals, be they negatives or digital, remain the sole property of the Photographer.  In the event that digital negatives are provided, the photographer still retains copyrights on the photographs.

Ownership of Physical Images and Storage Media.  The ownership of the physical Images in the form delivered shall be the property of the Supplier.  Sketches and any other materials created in the process of making the finished Images shall remain the sole property of the Supplier.  Storage media (such as computer disks and digital cards) that contain electronic copy of any or all of the Images shall be the sole property of the Supplier.  All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Supplier. 

Warranty and Indemnity.  The Supplier warrants and represents that he or she is the sole creator of the Images and owns all rights granted under this Agreement, that the Images are an original creation (except for materials obtained with the written permission of others or materials from the public domain), that the Images do not infringe any other person’s copyrights or rights of literary property, nor do they violate the rights of privacy of, or libel, other persons. The Client agrees to indemnify and hold harmless the Supplier against any claims, judgments, court costs, attorney’s fees, and other expenses arising from any alleged or actual breach of this warranty.    

Arbitration.  All disputes arising under this Agreement shall be submitted to binding arbitration in Honesdale, Pennsylvania, pursuant to the rules of the American Arbitration Association.  Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. 

Assignment.  The Supplier shall have the right to assign monies due to him or her under the terms of this Agreement, but shall not make any other assignments hereunder. 

Term and Termination.  Subject to paragraph 4 (Fees), the Client may terminate this Agreement at any time prior to the Supplier’s commencement of work and may terminate thereafter if the Supplier fails to adhere to the specifications or schedule for the Images.  This Agreement shall also terminate in the event of the Supplier’s bankruptcy or insolvency.  The rights and obligations of the parties pursuant to Paragraphs 3, 8, 9, 10, 11, 12, and 13 shall survive termination of this Agreement. 

Miscellany.  This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties.  A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.  This Agreement shall be binding upon the parties hereto and their respective heirs, successors, assigns, and personal representatives.  This Agreement shall be governed by the laws of the State of Pennsylvania.  

Permissions to Photograph: It is the sole responsibility of the Client to secure permission of the venue of the photo shoot for the Supplier to photograph the cover shoot. Many Cities, counties, state agencies and private venues/businesses are charging a photography permit fee.  The client is responsible for the payment of such fee.  In the event clients fail or refuse to pay for any such permit fee despite having been informed by the Supplier that such fee is required, client is responsible for any and all related costs or fines if applicable.

Final Photo Product: The Supplier makes no guarantee, either expressed or implied, in regard to the quality of the Images, because they are subjective and in addition, may be influenced by many factors beyond the control of the Supplier.  It is also understood that the Client is hiring the Supplier for his technical and artistic expertise and, therefore, the Supplier reserves the right to edit the Images as he sees fit. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Supplier from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.  It is recommended to place the photo in a dry, cool, shade area and never in direct sunlight in order to maximize the archive life.  Client is aware that digital files may be corrupted due to inherent media deficiencies and random interference. 

Post-production costs: Requests for changes to the final Images will be subject to an editing surcharge of $30.00 per hour.  

Model Release: The signing of this agreement by the Clients constitutes a commercial model release by the Clients to the Supplier. The Supplier will have the right to make reproductions include but not limited to website, portfolio samples, self-promotion, magazine editorial use, advertisement/marketing and professional competition without further release. The Supplier will not make reproductions for other commercial use without first obtaining the written permission of the Clients.  Client waives the right of tort of invasion of privacy due to any reproductions.

Additional Imagery: The Client can purchase additional similarly styled images from the Supplier to use within marketing for the book for an additional cost to be specified at time of inquiry.

Book Trailer:  The Client can purchase a book trailer using the same models from the cover at the time the cover is shot for an additional cost to be specified at time of inquiry. Same terms apply for usage.