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 50% 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 ensure 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. Raw data may be provided in specific situations. StudioKurcan is not responsible for any modifications that are made to raw data released to or finals delivered to the client.
Copyright and Reproductions: StudioKurcan shall own the copyright of 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.
The Client acknowledges that StudioKurcan is the sole and exclusive owner of the Work, and the Client shall do nothing inconsistent with such ownership nor claim ownership rights to the Work, or any derivative, compilation, sequel or series, or related Work owned by or used by StudioKurcan. The Client admits the validity of all copyrights for the Work and all associated intellectual property registrations and acknowledges that any and all rights that might be acquired by The Client because of its use of the Work shall inure to the sole benefit of StudioKurcan.
StudioKurcan hereby grants to the Client, in accordance with the terms and conditions of this Agreement, a non-exclusive, non-transferable license to use the Work in the course of its business and for its own internal business purposes, including and without limitation distributing the Work for and through its website or other internet-based communications about The Client’s business; general advertising; sales materials; communications and materials provided to potential investors; competitions for grants or other funding sources; and other promotional materials for the Client’s business purposes; and for its own internal business purposes. The Client may use all or portions of this Work in new works or make derivatives of the Work. The Client hereby accepts such license and agrees that The Client shall not use the Work except in accordance with the terms and conditions of this Agreement. The Client shall not sell, grant sub-licenses, or distribute the Work in any way or use the Work in any way not expressed in this Agreement without the prior express written approval of StudioKurcan. The Client acknowledges and agrees that the license granted herein is non-exclusive and that StudioKurcan may use all or a portion of the Work for its own business purposes or license others to use the Work or portions thereof.
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 all 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.