Terms of Service

Will Powered Media will herein be referred to as "WPM." I/we, herein will be referred to as "the Client.” 

The Client have received, read, and agreed to WPM’s price list, which has been confirmed for the assignment prior to service.

COST

1. 1. The cost of service(s) provided and any additional costs incurred: booking venues, location permits, additional props, etc. are the Client's responsibility and shall be invoiced to the Client unless otherwise discussed. Any fees associated with the arrangements or reservations made by WPM on behalf of the Client will be paid in full (4) days prior to the day of the shoot. The Client also takes full responsibility for any additional fees or costs accrued by WPM due to cancellation of arrangements or reservations made on the Client's behalf. 
   2. The price quoted will be guaranteed for seven days otherwise the current price will be confirmed when the deposit is paid. Any additional costs will be advised and confirmation is required before proceeding.

OWNERSHIP

1. 1. The Client agrees WPM owns the Copyright on all work. The Client gives permission to WPM to use any images from the session for industry competitions and as required subsequent usage and for reasonable general promotional advertising of WPM. The usage for any other purpose is to be renegotiated between the parties and requires specific permission by the Client.
   2. As WPM owns the Copyright, The Client agrees not to copy or allow anyone else to copy, dub, rerecord, photocopy, laser copy, screenshot, capture, or computer scan any content without prior consent. To do so is in breach of this agreement. 
   3. The Client obtains prints and recordings for personal use only and agrees to not sell prints or recordings or authorize any reproductions thereof by parties other than WPM.
   4. All multimedia materials, including but not limited to digital negatives, transparencies, proofs, previews, scans, and all files shall be the exclusive property of WPM. All negatives/digital files are kept on file for a period of one year for re-orders. Regarding re-ordering, 
   5. The Client acknowledges that no future orders will be processed until the Order is paid in full.
   6. The negatives/digital files remain the property of WPM and will be kept on file a period of 1 year after the completion of the assignment, after which time WPM has full right to dispose of any/all material. The Client understands this in no way can be used as backup material previously delivered for the assignment. A fee may be associated with the retrieval of archived material.
   7. All work will contain WPM watermark unless additional premium is paid to receive final product without.
   8. Client understands that any unauthorized re-creation or duplication of WPM work by Client or others on Client's behalf will result in immediate invoicing for all content stolen and banning of Client for any further services to be conducted by WPM.
   9.  

PAYMENT 

1. 1. Services are offered as “Single” occurrences or recurring “Monthly” services.  Payment schedules for Single occurrence services will be viewable on Invoices. Monthly services are due before work begins. The Client permits WPM to authorize recurring payments through credit card terminal when applicable. 
   2. All orders must be confirmed in writing and accompanied by full payment unless prior arrangement with WPM had been made. Telephone orders require written confirmation with payment before the order can be processed.
   3. All orders shall remain the property of WPM until full payment has been made. Orders cannot be separated for collection unless paid for in full.

SCHEDULE

1. 1. Client has the option to schedule through WPM personnel or through WPM online booking system. It is the Client’s responsibility to confirm all booking is accurate prior to time of service.
   2. Client understands the delivery schedule for WPM’s Industry Photography differs from WPM’s Editorial and Video services. Client must consult WPM for dates and times to expect deliverables on or prior to the time of service.

DISTANCE

1. 1. For locations outside a twenty-five mile radius from Denver Metro area code 80204, travel fees are required. All expenses associated with any overnight travel will be billed to the Client. Prices are quoted on an individual basis.

RESPONSIBILITY

1. 1. The details and times of the service are listed in the invoice. The Client agrees to make every effort to cooperate with WPM to fulfill its contracted duties. The Client acknowledges WPM cannot accept responsibility for the 'extent' of the photographic coverage if these details are incorrect or if The Client chose not to follow the agreed upon schedule. 
   2. WPM shall carry out this assignment with due and professional diligence. Elements beyond WPM's control include faulty material, equipment failure, damaged and exposed film, loss of film/photos/negatives/digital files in transit between the Studio and professional laboratories employed by WPM, loss or damage to film, negatives/digital files and proofs during processing and developing either by WPM or professional laboratories employed by WPM, industrial disputes, civil disturbances, or weather conditions which may inhibit or prevent WPM from completing in whole or in part this assignment. In this case, WPM shall not be liable for its complete performance of the assignment. It is agreed that the liability of WPM shall be limited to be a refund of any money paid under this agreement which shall be in full & final.
   3. Client reserves the right to cancel or reschedule service without penalty prior to time of service. Client agrees to be charged a non-refundable 30% Failure to Properly Cancel fee.
   4. Client is permitted one round of revisions prior to delivery of final product. All corrections must be submitted in writing to insure clarity. Additional fees may be charged for particular requests. WPM will inform Client of any additional cost prior to beginning work.
   5. Client waives right to full refund once final media from services have been delivered. 
   6. Once all responsibilities are met by all parties involved, refunds will be charged back to the source it was received. The speed of refunds is determined by the Client’s financial provider.
   7. This agreement incorporates the entire understanding of the parties. Any modifications of this agreement must be in writing and signed by all parties. Any waiver of a breach of default hereunder shall not be deemed a waiver of subsequent breach or default of either the same provision or any other provision of the agreement. The laws of the State of Colorado shall govern this agreement.