Terms and Conditions.
Last Update: September 7th, 2021
TERMS OF SITE, SERVICE AND PRODUCT PURCHASER AGREEMENT
Terms and Conditions of Use for Elysian Visions by Deaune Boyd LLC
NOTICE
It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of our products.
All programs, products, and services are owned and provided by Elysian Visions by Deaune Boyd LLC. These Terms and Conditions of Use govern and define how You are allowed to use and access Elysian Visions by Deaune Boyd LLC service and/or products. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms and Conditions of Use whether or not You have read them. If you do not agree with any of Our Terms and Conditions of Use, please email Us at elysianvisions.co@gmail.com and we will make reasonable efforts to remove your name and email from the website(s).
GENERAL PROVISIONS
This website is owned and operated by Elysian Visions by Deaune Boyd LLC, a California company. You must be at least sixteen years of age to use Our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
The term “You”, “Your” or “Client“ refers to any user or purchaser of said service(s) or product(s).
The term “Provider”, “Our“ or “We“ refers to our company, Elysian Visions by Deaune Boyd LLC.
DESCRIPTION OF SERVICES
Photographer will photograph Client or Client’s requested subject(s), during the Session with the understanding that Client desires the agreed upon result(s) (desired results).
Photographer will make a good faith effort to achieve Client’s desired results. However, Photographer will maintain ultimate discretion and control over the Session. Photographer will use the equipment that Photographer finds appropriate and will take the photographs that Photographer finds appropriate. Client’s desired results are limited by the terms of this Agreement.
REFUNDS
We take Your investment very seriously and We would love if You took Our investment of time and resources into Your success seriously, too. Due to the nature of the services and/or products provided, refunds will not be provided for the work completed or services performed. Services or work completed are warranted to be free from defects in materials or workmanship.
NO GUARANTEED RESULTS
As stated in “Description of Services” of this Agreement, Photographer will make a good faith effort to achieve Client’s desired results.
However, photography is a subjective art form, and Client acknowledges that Photographer cannot and will not guarantee any particular results, including Client’s desired results.
PAYMENT SCHEDULE & METHOD
For your convenience, payments can be made online via Squareup.com, Apple Pay and Zelle using a valid debt or credit card. Otherwise, payment is to be made by cash or check.
PRICE
All service fees start at $130 an hour. The service fee is due even if Client stops the Session before the end time established in your Agreement.
DEPOSIT
A required retainer of 50% is due at the signing your agreement or at another time as agreed by the Parties. The service fee, when due, will be reduced by the amount of the retainer.
No photography will take place and no rights are granted until the retainer is paid in full.
Photos are allowed to photograph or take pictures during the Session while Photographer is working, unless otherwise agreed by the Parties in writing. This restriction applies to Client and any associates of Client and includes cell-phone cameras, computer cameras, and their equivalents.
CANCELLATION, RESCHEDULING AND NO-SHOWS
Cancellation, Rescheduling of Services or No-Show Client. Client is required to provide card information to book appointment however, you will not be charged.
If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Provider to render Services due to the fault of the Client or parties related to Client, such as failure of the Photography Session to occur or failure of one or more essential parties to the Photography Session to show up in a timely manner, Client shall provide notice to Provider at any time up to 12:00PM one day before the scheduled session via Phone, Text, or email.
Provider has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Provider to provide the Services due to the fault of Client (or parties related to Client), and Provider will not be obligated to refund any monies Client has previously paid towards the Total Cost.
Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the Photography Session, or should it become impossible for Provider to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Provider is able to secure another, unrelated client for agreed upon date, then Provider may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.
LATE FEE
If Client is more than 20 minutes late to the booked session, Client agrees to pay a late fee of $20-40 depending on time of arrival.
OVERTIME
Additional unplanned and/or un-contracted services (such as, but not limited to, full redo of design, day of event extension of time, services outside of scope of agreement, management of non event day activities, etc) are considered overtime and will be billed with prior notification and consent at the rate of $130 per hour.
INTELLECTUAL PROPERTY RIGHTS AND RELEASE
Copyright Ownership. All photos and images taken by Elysian Visions by Deaune Boyd LLC and/or his/her assistant remain the sole, copyrighted, intellectual property of Photographer, even after full payment by Client and distribution to Client. Photographer may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose. Client expressly agrees to release to Photographer any personal or proprietary interest in the photographic materials that result from the session, and agrees that Photographer may showcase, sell, or otherwise distribute photographic materials from the session, including those depicting Client.
Permitted Uses of Product(s). Elysian Visions by Deaune Boyd LLC grants to You a non-exclusive license of product(s) produced with and for You for personal use only so long as You provide Elysian Visions by Deaune Boyd LLC with attribution each time You use Our property. Personal use includes, but is not limited to, use within the following contexts:
In photos on Your personal social media pages or profiles; or
In personal creations, such as a scrapbook or personal gift; or
In personal communications, such as a family newsletter or email or holiday card.
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Elysian Visions by Deaune Boyd LLC or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
You may use our intellectual property with clear and obvious credit back to our site, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, You may never claim any of our intellectual property as your own or your unique creation, even with attribution.
As a client of Elysian Visions by Deaune Boyd LLC, I acknowledge and understand that the images taken by Elysian Visions by Deaune Boyd LLC, said PHOTOGRAPHER; are protected by Federal Copyright Laws. I understand it is ILLEGAL to scan, copy, print or reproduce without PHOTOGRAPHER's permission, and violators of this Federal Law will be subject to its civil and criminal penalties. A limited PRINT RELEASE is supplied with the purchase of my session, along with high resolution digital files. I understand the limited print release does not allow publication from chain labs (Shutterfly, Walgreens, Walmart, Target, Snapfish, etc.), selling, screenshots or altering images in any manner. Reproduction does include, downloading, saving to hard-drive, posting on personal websites/blogs/social media only with photographer acknowledgment and printing from said printers. By Initialing "I Agree" I will honor the above statement.
ARTISTIC RELEASE
Style. Client has spent a satisfactory amount of time reviewing our work and has a reasonable expectation that we will perform the Services in a similar manner and style unless otherwise specified.
Consistency. Elysian Visions by Deaune Boyd LLC will use reasonable efforts to ensure Your desired Services are produced in a style and manner consistent with our current portfolio and we will try to incorporate any reasonable suggestion made by You. However, You understands and agrees that:
Every client and photoshoot is different, with different tastes, budgets, and needs;
Photography services are often a subjective art and we have a unique vision, with an ever-evolving style and technique;
We, Elysian Visions by Deaune Boyd LLC, will use our artistic judgment when providing Services for Client, which may not include strict adherence to Your suggestions;
Although we will use reasonable efforts to incorporate Your suggestions and desires when providing You with the Services, We shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with our aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
Client understands and agrees that Client is hiring Photographer to perform Photographer’s services in Photographer’s own discretion and style. Client has no authority to control the manner in which Photographer takes photos. Client has no right to rescind this Agreement in any way if Client is not satisfied with Photographer’s photography.
CONFIDENTIALITY
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
NOTIFICATION OF USE
We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.
RESTRICTIONS ON USE OF PHOTOGRAPHY
All photos and images taken by Elysian Visions by Deaune Boyd LLC and/or his/her assistant remain the sole, copyrighted, intellectual property of the Photographer. Elysian Visions by Deaune Boyd LLC may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose. Model expressly agrees to release to Elysian Visions by Deaune Boyd LLC any personal or proprietary interest in the photographic materials that result from the session and agrees that Elysian Visions by Deaune Boyd LLC may showcase, sell, or otherwise distribute photographic materials from the session, including those depicting Model.
• Client shall not modify or otherwise alter Photographer’s photographic materials.
• Client shall not post physically or in digital form, including on any social media website, blog or application, any of Photographer’s photos without attributing Photographer.
• Client shall never distribute or make available for download or reproduction any of Photographer’s photos without written consent of Photographer, unless the photos include Photographer’s watermark.
• Client shall not publish photos without Photographer’s written consent and attribution to Photographer.
HEALTH & SAFETY
Client(s) further understand that [Provider] complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the [event/session] Client(s) and Client(s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request the [Provider] to do anything illegal or unsafe. Further, [Provider] will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences.
Under any of these circumstances, [Provider] reserves the right to end service coverage immediately and/or leave the [event/session]. [Provider] shall be entitled to retain all monies paid and Client(s) agree to relieve and hold [Provider] harmless as a result of incomplete event coverage, or for a lapse in the quality of the [Provider’s] work.
APPROPRIATE CONDUCT & SAFE WORKING ENVIRONMENT
The Client(s) expressly agree(s) to take best efforts to provideElysian Visions by Deaune Boyd LLC and Elysian Visions by Deaune Boyd’s staff with a safe and appropriate professional relationship.
In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to Elysian Visions by Deaune Boyd staff, Elysian Visions by Deaune Boyd LLC will make reasonable efforts to notify the Client(s).
If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, Elysian Visions by Deaune Boyd LLC shall resume work in accordance with the original terms of this Agreement.
If the inappropriate behavior continues, the Client(s) will agree to relieve and hold Elysian Visions by Deaune Boyd LLC harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the Elysian Visions by Deaune Boyd’s work.
The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Elysian Visions by Deaune Boyd resumes work detailed in this Agreement.
LIMITED OF LIABILITY
Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Elysian Visions by Deaune Boyd LLC.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Elysian Visions by Deaune Boyd LLC shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Provider and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Elysian Visions by Deaune Boyd LLC provides to Client.
ARCHIVING PHOTOGRAPHS
Photographer will archive digital files of all photos taken for Client for up to 6 months. Photographer does not guarantee back-up photographs, prints or data after this time.
SIGNATURE
These Terms and Conditions of Use and Privacy Policy may be signed and is enforceable by electronic signature, digital signature, wet signature, and facsimile signature.
LAW AND JURISDICTION
These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with U.S. law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of California, U.S.A.
CONSENT
By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy. If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email at elysianvisions.co@gmail.com.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Elysian Visions by Deaune Boyd LLC.
CONTACT INFORMATION
Email: elysianvisions.co@gmail.com