Acceptance and Conditions

This Agreement is made and entered into as of today’s date by and between:
You and OCon Photography, hereinafter you are referred to as the “CLIENT” and OCon Photography hereinafter referred to as the “CONTRACTOR.”
Any alteration whatsoever will be borne by the CLIENT. The CONTRACTOR is fully bound to provide the services as per the agreement reached with the CLIENT. 
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of OCon Photography. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Definition: “Image(s)” means all visual representations furnished to Client by Contractor, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Unless otherwise specified on the front of this document, Contractor may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Contractor may select, at a resolution that Contractor determines will be suitable to the subject matter of each image and the reproduction technology and uses for which the Image is licensed. It is the Client’s responsibility to verify that the digital data (including color profile, if provided) are suitable for reproduction of the expected quality and color accuracy and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, the contractor's sole obligation will be to replace or repair the data, but in no event will the contractor be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided elsewhere in this document, the Contractor has no obligation to retain or archive any of the Images after they have been delivered to Client. The client or an authorized representative is responsible to review the images remotely after the event. If no review is made after the event, the Client is obligated to accept the Contractor’s judgment as to the acceptability of the Images.
Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Contractor. Unless otherwise specifically provided elsewhere in this document, any grant of rights is limited to a term of one (1) year from the date hereof and to usage in print (conventional non-electronic and non-digital) media in North America. Unless otherwise specifically provided elsewhere in this document, no image licensed for use on a cover of a publication may be used for promotional or advertising purposes without the express permission of the Contractor and the payment of additional fees. No rights are transferred to the Client unless and until the Contractor has received payment in full. The parties agree that any usage of any Image without the prior permission of the Contractor will be invoiced at three times the Contractor’s customary fee for such usage. 
Terms of Usage: We may, without prior notice, change the Services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
You agree to indemnify and hold OCon Photography harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
You agree to receive from time to time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Alameda County/California, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Fremont or Newark. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Assignment Cancellations and Postponements: Cancellations: The Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment, plus 50 percent of Photographer’s fee; however, if notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100 percent fee. Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the assignment occurs after the Contractor has departed for location, and 50 percent fee if postponement occurs before departure to location. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.
Overtime: In the event, a shoot extends beyond eight (8) consecutive hours, the Contractor may charge for such excess time of assistants and freelance staff at the rate of 1 1/2 times their hourly rates.
By use of this site, you agree you are at least 18 years old, have read and understood this agreement, and am competent to execute it. 
This website is owned and operated by OCon Photography. These Terms set forth the acceptance and conditions under which you may use our website and services as offered by us. This website offers visitors the opportunity to book CONTRACTOR for upcoming events. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.