Terms & Conditions
Last updated: April 2, 2022
PHOTOGRAPHY: Definitions
“HeadshotDC” means HeadshotDC or Moshe Zusman Photography LLC. “The Client” means any person, body of persons, Publication, Agency, or Company with whom HeadshotDC enters into a contract, verbal or written, for the sale of goods or provision of services by HeadshotDC.
Acceptance of Terms and Conditions
All contracts and transactions between HeadshotDC and the Client, whether made orally or in writing, are subject to these terms and conditions, which shall be deemed to be incorporated into any contract between HeadshotDC and all or any of its Clients.
Copyright, Usage, Ownership & License
Photographs are the exclusive property of Moshe Zusman Photography, trading as HeadshotDC and are protected under the U.S. Copyright Act. HeadshotDC retains the copyright of all photography taken by HeadshotDC and cannot be used by a third-party organization unless otherwise agreed by HeadshotDC. No use may be made of the images until payment is made in full. Once payment is made, the license terms default to the terms outlined in the invoice.
Exclusivity
HeadshotDC retains the right in all cases to use the photographs to advertise or promote their own work. HeadshotDC will honor any client requests to keep a photograph private.
Client Confidentiality
HeadshotDC will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the photography.
Expenses
Expenses are estimated at the time of commission and charged at cost. Where extra expenses or time are incurred by HeadshotDC as a result of alterations to the original brief by the client or otherwise at their request, the client shall give approval to and be liable to pay such extra expenses or fees at HeadshotDC’s normal rate in addition to the expenses agreed or estimated.
Cancellation & Postponement for Sessions Booked Online
HeadshotDC requires 24-hour notice for booking cancellations, changing a session time, or arriving more than 20 minutes late. Accordingly, HeadshotDC will charge a fee of $200 for any session cancellation or postponement with less than 24-hour notice. An additional fee of $200 will be charged for any session with makeup/hairstyling canceled or changed with less than 24-hour notice. Please note that we may cancel the makeup session if you arrive late.
Cancellation & Postponement for Commercial Work
A booking is considered firm from the date of confirmation. Accordingly, HeadshotDC will charge a fee for cancellation or postponement.
When a booking is canceled, the percentage of the booking fee charged as a cancellation fee will depend on the amount of time still to elapse before the photography date.
Commercial Work Cancellation Rates
0 to 2 days - 75% of booking fee/deposit
3 to 5 days - 50% of booking fee/deposit
6 to 14 days - 25% of booking fee/deposit
2 weeks + - No charge
Cancellations/postponements due to Weather Conditions
HeadshotDC cannot be held responsible for cancellation due to inclement weather conditions.
Payment Terms
A sitting fee is required to secure a date. Balance is due within 30 days of the photoshoot. No use may be made of the images before payment is made in full unless agreed upon.
Refunds
All image sales/purchases are final.
Representation
The Client shall ensure that there is an authorized representative present (who is at a considerable level within the organization) at the assignment to ensure the correctness of the Photographer’s interpretation of the Clients brief. The Client shall be responsible for the behavior of any persons accompanying the photographer on the assignment. Onsite the Photographer reserves the right to terminate any assignment without notice if he/she deems the Clients behavior to be unruly or unsafe.
Short Notice or Rush Services
HeadshotDC reserves the right to make an additional charge should the Client request a Short Notice or Rush service. This service is subject to availability and cannot be guaranteed.
Travel Rates
There are no travel rates for jobs within 25 miles of the Washington, DC, metropolitan area. Jobs that are more than 25 miles will incur additional costs based on location and distance.
Processing Rates
Images, including high resolution. JPEG delivery, which undergoes basic processing and can involve but is not limited to, color correction, minor retouching, and exposure adjustments has no additional cost. Images delivered with basic and advanced retouching are subject to charges specified in the contract.
Rights and Usage Fees
Rights and usage fees vary for each project.
Images/Data Supplied in Electronic Format
All images/data supplied to the Client will be sent in electronic format (including but not limited to electronic mail, Dropbox, YouSendIt).
Applicable Law
This agreement shall be governed by the laws of Washington, DC.
Variation
These Terms and Conditions shall not be varied except by agreement in writing.