1. Booking Reservation(s): A signed contract and retainer fee (otherwise referred to as a required booking deposit) are required to reserve the date(s) and timeframe(s) of project session (website design and/or branding). If the session(s) are rescheduled, postponed, or canceled; or if there is a breach of contract by the client, the retainer fee is non-refundable. The client shall also be responsible for payment for any additional materials and/or additional costs incurred up to the time of cancellation.
2. Payment Process: The aforementioned non-refundable retainer fee is fifty percent (50%) of session(s) fee(s) and is due at the time of session(s) booking and/or signing of agreement for all sessions (package session(s) of twenty-five percent (25%) non-refundable fee is also due upon booking). The remaining balance is payable in full prior to or on the day of the session(s). Payment plans (otherwise referred to as pricing plans) are available for qualifying clients and/or session(s). Please consult with a Launch Berry professional for details. In the event, the client fails to remit payment as specified, Mem oirabilia shall have the right to immediately terminate the agreement with no further obligation, retain any monies already paid, and not uphold the scheduled session(s). Memoirabilia accepts e-payments via PayPal, traditional payments via cash, money orders, personal check, or cashier’s checks with immediate processing, and/or all of the following major credit cards: Visa, Mastercard, Discover, and American Express. For clearance of personal checks, it can take up to three to four (3-4) weeks for processing. Returned checks will be assessed a fifty dollars ($50.00) non-sufficient funds fee.
3. Payment Plans: The payment plans (otherwise referred to as pricing plans) are provided for package sessions only. All payment plans are initialized and confirmed with payment of the non-refundable retainer fee. All payment plans are to be finalized before scheduled session(s), release and/or delivery of photos and/or products. The final payment is due at least fourteen (14) days before the scheduled session due date. Monthly payments are divided into three (3) monthly payment installments with exclusion to the deposit. There are no late fees for monthly payments. There is no incurred interest with payment plans.
4. Session(s) Reschedule / Cancellation: Notification of any changes in schedule or location must be communicated in a timely manner and an updated confirmation of receipt must be obtained from Launch Berry to the client. The client is allowed one rescheduling credit for their phone and/or video session(s). Any additional request to reschedule will incur a fifty dollars ($50.00) rescheduling fee and must be paid immediately to reserve a new date.
5. Responsibilities: Launch Berry is not responsible for compromised coverage due to causes beyond the control of Launch Berry including, but not limited to: lost or stolen items, inappropriate behavior of client, tardiness of requested information from clients, weather conditions, client schedule complications, incorrect information provided to Launch Berry. Launch Berry is not held liable for missed coverage of any part of the session(s) that are not outlined within the designated client service list. Launch Berry will not be held accountable for failure to deliver images of any individuals or any objects during the session(s) that are not outlined within the designated client shot list. The client is responsible for acquiring all permits and necessary permissions for all locations on which Launch Berry will be performing services.
6. Content Edit / Capture / Delivery: With consideration to the designated client service list, Launch Berry is not liable to deliver every image taken during the photo session(s). The determination of images delivered to the client is left to the discretion of Launch Berry. The final post production of editing styles, effects, and overall look of the images and/or video are left to the discretion of Launch Berry professional(s).
7. Copyrights: The website designs, photographs, and/or videos produced by Launch Berry are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the explicitly written permission of Launch Berry. Upon initial payment by the client, limited copyright ownership of the resulting images will be transferred to the client: Launch Berry grants the client permission to share photo and/or video content 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 Memoirabilia. The client must obtain written permission from Launch Berry prior to publishing or selling content.
8. Model Release: The client assigns Launch Berry the irrevocable and unrestricted right to use and publish photographs of the client or in which the client may be included, for editorial, trade, advertising, 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 releases all claims to profits that may arise from use of images.
9. Limit of Liability: In the event of Launch Berry professional(s) are unable to uphold the session(s) guidelines due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the Launch Berry, Launch Berry will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, with exception to the retainer fee, responsibility and liability is limited to the return of all payments received for the session(s). In the event that digital files have been lost, stolen, or destroyed for reasons beyond the control of Launch Berry, including but not limited to camera, hard drive, or equipment malfunction, Launch Berry’s liability is limited to the return of all payments received for the session(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 total number of originals. Launch Berry is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package