Terms and Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.dabblersstudio.com/ website and any other platform ("Service[s]") associated with or operated by Dabblers Studio or the Artist.

Your access to and use of this Service[s] is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using this Service[s] you agree to be bound by these Terms and Conditions. If you disagree with any part of the terms and conditions then you do not have permission to access this Service[s].

Sales & Purchasing-

The Artist hereby sells or transfers the Work to Purchaser at the agreed value stated in writing either listed on www.dabblersstudio.com or other form of communication in writing between the Artist and Purchaser in the Agreement of Purchase. All sales with the exception of original works of art are made to order or on demand and therefore production of an item begins only after a sale is confirmed between the Artist and Purchaser. and payment is received. Additional production time will be allotted for all made to order sales. Limited Editions: A art print, limited to a maximum run of 100 worldwide across all sizes. Each limited edition print is inspected, hand signed by the Artist, marked with limited edition type notice or tag including print number. By purchasing a print, the Purchaser is confirming that the Purchaser has/will select[ed] the appropriate image, size and type of print that is required by the Purchaser. The Purchaser is responsible for ensuring the accuracy of the Purchaser's order details and Dabblers Studio and the artist will not be liable for any failure by the Purchaser to provide complete and accurate information in the Purchaser's order. Dabblers Studio and/or the Artist reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons deemed by Dabblers Studios and/or the Artist. Dabblers Studio and/or the Artist reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Without limitation to any provisions relating to Limitation of Liability, this Service[s] or the Artist will not be liable or otherwise responsible for any lost or damage caused to you by the cancellation of an order by this Service[s].

Payment -

All payments must be made in full as agreed for the amount of purchase. In the event that payment is made in installments, ownership of the Work will only pass from the Artist to Purchaser on receipt of payment in full. The Work will not be sent to Purchaser until the agreed payment amount has been received in full. Payment method is determined as listed on www.dabblersstudio.com or by any other arrangement made between Artist and Purchaser in writing. The Purchaser represents and warrant that: you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that the information you supply to us is true, correct and complete. This service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Delivery -

Standard processing and delivery times are from 4 to 6 weeks from the date of confirmed order and payment is received in full. Your order will be fulfilled on or before the estimated delivery date unless this Service[s] is impacted beyond our control. If this situation should arise, we will contact you with a revised delivery date. The Purchaser is responsible for inspecting the external packaging upon receipt and marking any noticeable damage on the delivery receipt if available by the courier and/or refusing shipment in the event of significant damage to packaging.

Copyright & Reproduction -

The Artist retains full copyright and reproduction rights of the Work unless otherwise stated and agreed upon in writing at the time of purchase. The Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the artwork. The Work may not be reproduced, copied, shared electronically, sold or used for any profitable purpose without the expressed written permission by the Artist. At no point does the Purchaser, or will the Purchaser, own the copyright of any Work. It is illegal to produce copies of any Work which is copyrighted, and this Service[s] and/or the Artist reserves the right to request legal assistance to enforce any applicable laws should any breach of copyright or reproductions be discovered.

Notice of Exhibition & Other Submissions -

Before committing the Work to any public show or showing, the Purchaser must give the Artist notice of intent to do so, informing the Artist all the details of the show that the Purchaser then knows. Under no circumstances may the Purchaser submit the Work to any kind of online or offline contest without written consent from the Artist.

Prints & Merchandise -

The Artist has the right to allow the Work to continue to be sold as prints and merchandise through www.dabblersstudio.com or other merchandising platform at the Artists own discretion, unless otherwise signed in writing between Artist and Purchaser. Since the Artist retains their Copyright and Reproduction Right in the event transfer of Copyright for the Work has been made in writing between Artist and the Purchaser, any prints/merchandise of the Work will be halted by the Artist as of the date the written agreement was established. The Artist may use any images of the Work for promotional purposes at the Artist's discretion. The Artist may also sell Limited Edition Prints of the Work. Merchandise for the Work may be available at the Artist’s discretion, unless otherwise negotiated in writing between the Artist and the Purchaser.

Notice & Tagging-

A Notice or Tag, in the form established on the original work by the Artist, must be permanently affixed to all Original Works and be a permanent part of that Work. This Notice or Tag is subject to this contract and will identify the Artist and any counterparts deemed by the Artist.

Moral Right -

The Purchaser will not permit any use of the Artist’s name, Dabblers Studio or misuse of the Work which would reflect negatively or discredit on his/her reputation as an artist, or which would violate the representation of the Work.

Damages, Theft or Misplacement -

The Artist is not responsible for any damages made to the Work except for those inflicted at the fault of the Artist or during the Artist’s possession. The Artist will contact the Purchaser should this occur. The Artist is also not responsible for any theft or misplacement of the Work. The Artist will ensure packaging of the Work is safe and secure, and will provide postage and tracking details to the Purchaser once the Work has been posted. The Purchaser accepts all possible risks once the sale is confirmed and payment has been made in full. If damages have occurred, the Purchaser must notify the Artist within 24 hours of receiving the Work, and must provide evidence of said damages. If the Work has been damaged but the Purchaser wants to retain ownership, the Artist may negotiate a refund not exceeding 50% of the full amount back to the Purchaser. If the Work is stolen, lost, or perished during transit, the Artist may negotiate a refund not exceeding 50% of the full amount back to the Purchaser or as negotiated. Any damages or misplacement caused at the fault of the Purchaser or during the Purchaser’s possession will not be refunded.

Refund Policy -

If the Purchaser is unsatisfied with the Work for an appropriate reason, they must contact the Artist within 24 hours of receiving the Work. Disliking the Work or change of mind are not considered as an appropriate reason for a refund. The Purchaser must state if they want a full refund and must have a valid reason. The Purchaser will have thirty (30) days to send the Work back to the Artist from the time the refund was negotiated in writing between the Artist and Purchaser. The Purchaser must return the Work in original packaging with all items sent with the Work. Postage/shipping costs and expenses will be paid by the Purchaser including the postage/shipping costs from the initial purchase of the Work. The refund of the item only will be paid back in full to the Purchaser at the discretion of the Artist once the Work has been received and in the described condition. For refunds regarding damages, theft or misplacement including misplacement in transit, refer to above term.

Indemnification -

The User and/or Purchaser agree to defend, indemnify and hold harmless Dabblers Studio, The Artist and any other counterparts from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of the Users and/or the Purchasers use and access of this Service[s] and /or by the User and/or the Purchaser or any person using this Service[s], or a breach of these Terms and Conditions.

Limitation of Liability -

In no event shall Dabblers Studio, the Artist or any affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (I) your access to or use of or inability to access or use this Service[s]; (II) any conduct or content of any third party on this Service[s]; (III) any content obtained from this Service[s]; and (IV) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer -

Use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchant ability, fitness for a particular purpose, non-infringement or course of performance. Dabblers Studio, the Artist, affiliates, and its licencors do not warrant that I) the Service will function uninterrupted, secure or available at any particular time or location; II) any errors or defects will be corrected; III) the Service is free of viruses or other harmful components; or IV) the results of using the Service will meet your requirements.

Alterations -

Dabblers Studio, the Artist and affiliates reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Third Party -

This Service may contain links to third party web sites or services that are not owned or controlled by Dabblers Studio or the Artist. Dabblers Studio or the Artist assume no responsibility for third party content, privacy policies, or practices of any third party web sites or services. The Purchaser and or User of this Service[s] acknowledge and agree that Dabblers Studio and/or the Artist shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. It is advise to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Photography Session Contract & Agreement

ENTIRE AGREEMENT:

This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement. The CLIENT(s) _______ acknowledges that they have the right to counsel with an attorney regarding the execution of this Agreement and any release hereunder; by the CLIENT(s) signature below, the CLIENT acknowledges that they understand this right and has either consulted with an attorney regarding the execution of this Agreement or determined not to do so.

RESERVATION: A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) is rescheduled, postponed, or canceled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to the COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY's materials charges incurred up to the time of cancellation.

EVENT SCHEDULE: The client agrees to confirm the schedule one week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT.

SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile, or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.

SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.

EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal(s), and transport costs unless provided by the COMPANY. If provided by the COMPANY those provisions will be provided in writing with a full ledger of the provisions provided.

TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the COMPANY studio address. For all EVENT(S), the first 40 miles roundtrip of travel are included. All miles in excess of 40 miles roundtrip are charged at $0.54 per mile.

RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, the lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions that may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S). The CLIENT _______ shall defend, indemnify, hold harmless and ensure The COMPANY from any and against any action, suit, claim, damages, liability, costs, and expenses (including reasonable attorneys’ fees), arising out of negligence or misconduct of or related to the use of this service, venues, locations, images and or sound recordings.

VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.

PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations in which the COMPANY will be performing services.

COPYRIGHTS: The photographs/images/video and/or sound recordings produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY's explicitly written permission. No outside photography by the CLIENT(s) or any person(s) of the CLIENT(s) party/group is permitted during the time of the EVENT(S) without written consent from the COMPANY. If the CLIENT has purchased a "Flash Drive" from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images/video/sound recordings will be transferred to the CLIENT. If the CLIENT has purchased a "Flash Drive/Digital Downloads" from the COMPANY, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs.

MODEL RELEASE: The COMPANY retains all rights. The CLIENT _______ hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish any or all images and sound recordings of the CLIENT or in which the CLIENT may be included, this includes all person(s) captured and any person(s) who are depicted in the CLIENT’s party/group including minor child(ren) for editorial, trade, advertising, promotion, marketing and packaging, educational and any other purpose and in any manner and medium; to alter the same without restriction and to copyright the same without restriction. The CLIENT agrees that any images and sound recordings may be combined with other images, text, and graphics, cropped, altered, and modified. The CLIENT acknowledges and agrees that the COMPANY is not liable for any further consideration, accounting, or claim for any reason. All images and sounds captured by the COMPANY remain the sole, copyrighted, intellectual property of the COMPANY. The CLIENT releases all claims to profits that may arise from the use of images.

LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, an act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the EVENT(S). In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.

CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.

POST PRODUCTION AND EDITING: The final post-production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.

PAYMENT SCHEDULE: The aforementioned 50% non-refundable retainer fee is due at the time of signing this agreement. The remaining balance is payable in full prior to or on the day of the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $35 non-sufficient funds fee.

PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.

DURATION OF AGREEMENT: The CLIENT acknowledges and agrees that this Agreement is irrevocable, worldwide, and perpetual. _______ I have read and understood the terms above. By signing below, I hereby agree to the terms of this agreement.

Model Release

BACKGROUND:

1. The Artist may choose or is currently engaged in the business of creating media, which includes

but is not limited to engaging in the following activities for personal and commercial gain.

a. Photography, photo editing, and photo production; digital photography, digital photo

editing, and digital photo production; and web design and production.

2. The Model or models consents to being a subject of the Artist in media. The Model will allow the

Artist to capture images and sound recordings for use in media.

WHEREBY:

THE ARTIST IS RELEASED OF LIABILITY: For good and valuable consideration herein acknowledged as

received, the Model releases the Artist and assigns permission to license all images and sound

recordings and to use of and sound recordings in any media for any purpose which may include, among

others, advertising, promotion, marketing, and packaging for any product or service. The Model agrees

that any images and sound recordings may be combined with other images, text, and graphics, cropped,

altered and modified.

THE ARTIST RETAINS ALL RIGHTS: The Model agrees that the has all rights to images and sound

recordings, for perpetuity unless explicitly noted in this Agreement. The Model acknowledges and

agrees that the Artist is not liable for any further consideration, accounting, or claim for any reason.

All photos, images, and sound captured by the Artist remain the sole, copyrighted, intellectual property of the Artist. The Artist may reproduce, use and distribute any material created by the Artist, including

images and sound for any personal, business, marketing, or studio purposes. The Model or models

captured and any person(s) depicted expressly agree to release to the Artist any personal or

proprietary interest in the material produced by the Artist that results from the session and agrees that

the Artist may showcase, sell, or otherwise distribute any and all materials created by the Artist from the

session, including those depicting the model, purchaser, client or any person(s) depicted.

DURATION OF AGREEMENT: The Model(s) acknowledges and agrees that this Agreement is binding on

all heirs and assigns. The Model acknowledges and agrees that this Agreement is irrevocable, worldwide

and perpetual. In witness whereof, the Model has executed this release at ______________, ______ on the date above, prior to the session.

This agreement contains the entire agreement between parties to this release and the terms of this

Agreement is contractual and not a mere recital.

For good and valuable consideration, the Model releases Shahdad Sorenson and Dabblers

Studio and assigns permission to license and use all images and sound recordings in any media

and for any purpose. The Model agrees that Shahdad Sorenson and Dabblers Studio have all

rights to images, material, and sound recordings for perpetuity. This agreement is irrevocable,

worldwide, and perpetual.

Definitions

Company -

Dabblers Studio and any associated business including the artist and photographer. Also, see Artist.

Client -

The individual(s), organization, or business using any services offered by Dabblers Studio, Shahdad Photography, and any associated businesses or platforms. Also, see Purchaser.

Artist -

The individual that created the Work and or its counterparts.

Purchaser -

The individual purchasing the Work.

User -

Any individual[s] accessing https;//www.dabblersstudio.com and its associated platforms

Work -

The form of service created by the Artist is available for sale to the Purchaser. “Work,” “Art[work],” “Image[ry],” "Print[s]," Merch[andise]," and “Project[s]” are used interchangeably herein.

Service -

https://www.dabblersstudio.com/ website and any other platform associated with or operated by Dabblers Studio or the Artist.

Data Personal-

Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data -

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies -

Cookies are small files stored on your device (computer or mobile device).

Data Controller Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Service Providers) -

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User) -

Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Terms and Conditions

Photography Session Contract & Agreement

Model Release

Definitions

Cookies & Privacy Policy