The Agreement

THANK YOU

Culture, Confidence and Soul empower women of color entrepreneurs to activate their goals, be the best they can be and grow community.    Thank you for your work in this world.  As I’ve said before; I am here for it!  It is my mission, as well, to provide extraordinary women of color with strong, professional visual media in the form of vivid photographs, stellar video and creative production. Thank you for considering Cali York Creative for Izzy & Liv's Monthly Visual Asset needs.

We are throughly delighted to be proposing the facilitation of this monthly union of fashion, photography and women's empowerment.  

If you are as excited as I am and are ready to move forward and start scheduling, the agreement terms and payment options are below!    

Clicking the IZZY & LIV logo at the bottom of this page will direct you to an invoice with credit card payment option.

Once your deposit payment is received the pre-production work begins! 

 

 

SERVICE AGREEMENT

 

Cali York Creative

Commercial Product Photography Service Agreement

Client: Izzy & Liv, LLC

Services: Photography, Videography & Production

Investment: $9550.00 per session

This agreement for photography and video services is entered into by the person(s) described above  as “Clients,” and “Cali York Photography®", an independent contractor licensed for business in New York (“Photographer,” and together with Clients, the “Parties”).  This contract is not considered “work for hire”.”

DESCRIPTION OF SERVICES

Photographer shall provide high quality visual media services while performing activities listed in project description for the proposal above..  Photographer may use additional photographers and/or assistants in its discretion.  Unless otherwise agreed upon, the Digital Images will be delivered to the Clients digitally via Clients’ designated cloud storage or other digital location in High resolution jpeg files and .Mov video files.  

COOPERATION & AVAILABILITY

The Parties agree to cheerful cooperation for the best possible results.  In order to help achieve the best results possible. 

Clients shall provide photographer with printed or digital inventory list in advance of the session. Document must provide number of all items, items descriptions, manner of delivery and or "in care of" contact info.  Photographer shall arrive on time to the sessions, at a time to be mutually agreed to between the Parties. Photographer shall communicate to all parties via group texts or group email.   Digital call sheets will be distributed before the session noting all meeting times, shoot locations and necessary contact information.  

DESIRED SCENES

Clients will provide Photographer with a shot list of desired scenes for photography in advance.  No particular image is guaranteed.  Photographer is equipped to handle most low-light situations and will use its best efforts to capture the highest quality images possible.  In situations where flash photography is prohibited or is deemed to be unsafe, Clients agree to accept the Digital Images as-is, given the technical limitations of low-light photography.

TRAVEL 

The Parties understand and agree that the total price identified as “Investment” above does not include Photographer’s transportation and lodging costs for the sessions.  Travel fees will be charged for locations beyond New York, New Jersey and Connecticut.  

COPYRIGHT, LICENSE TO USE, AND MODEL RELEASE

It is understood that Photographer owns the copyright to all of the Digital Images and reserves the right to use them for display, publication, advertising or other legal purposes.  Upon receipt of final payment, of Investment, Clients are granted a Non-Exclusive License to use the post production edited Digital Images for their own non-commercial and commercial purposes, including, without limitation, printing, electronic messaging, exchange with friends and relatives or display on the Internet.  No Digital Images will be provided to Clients until Clients have made full payment as described in “Investment.”  Clients’ commercial use of images requires Photographer’s written consent.  Absolutely no unedited RAW/NEF digital files will be provided to Clients under this contract.  RAW/NEF can be purchased in a separate order.  To buy RAW/NEF Files please email cali@caliyork.com for a rate quote.  Rates are determined on a case-by-case basis.  Files are provided via Online file transfer systems (Dropbox, WeTransfer, etc) or USB.

The Parties understand and agree that any person photographed pursuant to this agreement, grants to Photographer the absolute and irrevocable right and unrestricted permission concerning any photographs that Photographer has taken or may take of said person or in which said person may be included with others, to use, reuse, publish, and republish the photographs in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including the Internet, and for any legal purpose, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use person’s name in connection with any use if Photographer so chooses.

Clients release and discharge Photographer from any and all claims and demands that may arise out of or in connection with the legal use of the photographs, including without limitation any and all claims for libel or violation of any right of publicity or privacy.  This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of Photographer.   Clients are legally competent adults and have the right to contract. Clients have read this agreement and fully understand its contents.  This release shall be binding upon Clients and heirs, legal representatives, and assigns that are relevant to the agreement.

LOST/REPLACED/MISPLACED/DAMAGED IMAGE FILE POLICY

Photographer shall use commercially reasonable efforts to ensure the safekeeping of Digital Images until they are delivered to Clients.  Edited images are property of Clients upon receipt. Responsibility for the safe storage and maintenance of the digital files are Clients’ once Photographer has delivered the Digital Images.  

Photographer will archive the Digital Images a minimum of one year from one week of the Events notwithstanding accidental data losses, corruption or loss by Photographer.   Photographer shall make available to Clients access to downloadable Digital Images via digital online proofing gallery 24-48 hours post events that will remain available for a minimum of 60 - 90 days following the Events. Izzy & Liv will be responsible for back-up files of finalized images after delivery.  

DEPOSIT, RESERVATION AND SCHEDULING 

For the sessions each month, a retainer totaling 50% of Investment is due upon the signing of this agreement by the Parties. The balance is due with in 24 hours of the image delivery date.  Sessions are projected to last up 9 hours and will not be charged any over times fees for longer sessions extending 2hours beyond expected end time.    Any overtime fees (i.e., for events beyond those described above in “Events”) shall be approved first verbally then digitally by Clients during the session by texting or emailing request at the time it is being made.  An invoice for billed overtime will be provide 24-48 post event and payment is due within 14 business days of receipt of invoice.  

Upon signature and receipt of the deposit, Photographer will reserve the specified dates and times and locations for the session.  All deposits are non-refundable. 

For cancellations beyond the control of either Clients or Photographer, including without limitation, Acts of God, Photographer and Clients agree to negotiate and create an alternate agreement for photography, video or graphic design services within the costs of the deposit amount.  

PAYMENTS, & CORRESPONDENCE 

You may also submit your payments and correspondence directly:

Digital: Venmo, Zelle, Circle, Chase QuickPay: cali@caliyork.com, 347-623-7485

Check: EURILA CAVE - Cali York Photography, 39 St. Johns Place #2b, Brooklyn, NY 11217

LIMITATION OF LIABILITY

Photographer shall not be held liable for any claim, loss, injury or failure to deliver Digital Images to the return of any fees paid by Clients under this agreement except where such claim, loss, injury, or failure relates to or violates the terms of this agreement.  In the unlikely event of personal illness or other unforeseen circumstances beyond the control of Photographer, Photographer shall procure replacement services of a photographer of similar skill to fulfill the obligations of Photographer, and Photographer agrees to cooperate in good faith with Clients in identifying this replacement service.  Photographer shall not be liable for any other damages beyond the full amount of this agreement. 

IMAGE USAGE 

 All best images taken during each session will be shared with the Izzy & Liv team. “Deliverable images” are the final selection of images that will be edited and licensed to use for commercial purposes.    The images are for use in displaying items for sale on the Izzy & Liv website, promoting the brand on social media, in emails, brochures, billboards, bus stops, train stations, live events and other places images are used to display for advertising purposes.   The images themselves, their likeness or duplications of are not for sale. Otherwise images can be used at Izzy & Liv’s discretion for a maximum of 5 years.   These terms may be extended or shortened to obtain the most suitable option for your Izzy & Liv's needs. Copyright for all images captured by Cali York Creative, including behind the scenes footage remains Cali York Creative.

OTHER SERVICES

This contract is for photography services, videography, delivery of the Licensed Digital Images, pre and post photo shoot production, model casting, location scouting and creative direction support for one month from the date of the contract date established with deposit payment.  Additional services such as: Custom video reels, graphic design services, multiple usb drive's or prints are available as a separate order.

This agreement constitutes the entire understanding of the Parties and is governed by the laws of the State of New York.  Any changes to this agreement must be made in writing and signed by the Parties, except where noted in this agreement (i.e., mutually-agreed to times for the sessions and overtime fees).  

By paying the deposit or full amount due on the invoice, the Parties agree to the foregoing terms of this agreement.

YES