Terms and Conditions
Consultation & Deposits: StudioKurcan offers a free consultation to explain the process and to better understand the Client’s needs. During this consultation expectations are set; options and services are explained, and all parties agree on the results of the work. Test shots may be negotiated at this time. StudioKurcan will request a deposit before commencing work on a project.
Confidentiality: It is understood that throughout the process of a production, StudioKurcan may be witness to confidential information owned by the Client. StudioKurcan hereby agrees to maintain any trade secrets, proprietary designs, and/or other business information possessed by of the Client and its subsidiaries.
General Liability: The Client understands that StudioKurcan will take every possible precaution to insure the safety and well-being of the Client's product, property, image, and person. However, circumstances may arise outside of the Photographer's control, including but not limited to theft, auto accidents and/or critical malfunction of the product during normal course of operation. In the event of an unavoidable calamity not due to gross negligence on the part of StudioKurcan, the Client agrees to INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE StudioKurcan from any and all liabilities or claims made as a result of such a calamity.
Project Delivery: The project as outlined on the preceding page will be completed no later than the agreed upon date. In the event that the Client requires a more expedient completion date after this agreement, a 30% additional charge will be added to the total bill.
Raw Data: All design materials, including but not limited to negatives, transparencies, proofs, digital image files, and previews shall be the exclusive property of the StudioKurcan. Finals will be provided to the client as agreed upon in the scope of work. StudioKurcan is not responsible for any modifications that are made to finals once delivered to the client.
Copyright and Reproductions: StudioKurcan shall own the copyright in all content created and reserves the right to make reproductions. Client is not granted any publication or reproduction rights until payment of final invoice in full. StudioKurcan will grant the client irrevocable reproduction rights at the completion of the project. StudioKurcan shall only make reproductions for the Client, for StudioKurcan’s portfolio, samples, self-promotions, entry in design contests or exhibitions, and editorial uses. Should StudioKurcan desire to make other uses of client content, StudioKurcan shall not do so without first obtaining a written release from the Client.
Failure to Perform / Acts of God: If StudioKurcan cannot perform this agreement due to an act of nature, a fire or other casualty, strike, other cause beyond the control of the involved parties, or due to operator illness; StudioKurcan shall return any deposits to the Client but shall have no further liability with respect to the agreement. This limitation on liability shall also apply in the event that client materials are damaged in processing, lost through malfunction, lost in transit, or otherwise lost or damaged.
Changes and Payment: Any changes or additional charges will be confirmed with client before assessing. Unless otherwise agreed upon by StudioKurcan, payment of any invoice is expected within 30 days of invoice date. Balances not received within 30 days will be charged an administrative fee of $100. Balances more than 60 days late will be assessed interest at a rate of 10% per day until paid in full.
Miscellany: This agreement incorporates the entire understanding of the parties. Any modifications to this agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this agreement. This agreement shall be governed by the laws of the State of Nevada.