Terms and Conditions - Headshots by Mayberry Multimedia

User’s Acknowledgment and Acceptance of Terms

Headshots by Mayberry Multimedia (“Us” or “We”) is owned and operated by Mayberry Multimedia LLC, A registered Limited Liability Corporation in the state of Hawaii, USA and provides the headshots.mayberrymultimedia.com website and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service”), as well as any other written agreement between us and you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and Privacy Policy, before you may become a user. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

By using this site, you agree to be bound by these Terms of Service. If you do not wish to be bound by these terms, you may not use or access the site and services.

We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

Satisfaction Policy

There are no refunds for headshot or portrait sessions, but all headshot work is satisfaction guaranteed. If customers are unhappy with the headshots or portraits in any way, we encourage that they talk to Headshots by Mayberry Multimedia about a possible re-shoot or re-working of the retouched file(s). Headshots by Mayberry Multimedia is not at fault for Clients being dissatisfied with their photos because they do not like the hair, makeup, or clothing, but in such cases, Clients are still encouraged to talk to the Photographer to determine whether a resolution can possibly be reached.

Location Scheduling

Headshots by Mayberry Multimedia does not maintain a studio space, therefor it is the primary responsibility of the Client to secure an indoor location for the services to be rendered. The location may be the Client’s home or other such location where the Client is granted permission to use the space for photographic services. The portable studio requires a clearing of 5’ x 12’ with the ability to block out light sources.

Headshot and Video Sessions

Headshots

A single headshot session is approximately 1 and a half hours. The onsite studio takes 20-30 minutes to set up, and 20-30 minutes to pack away.
Once the onsite studio is prepared, Headshots by Mayberry Multimedia will work to develop your desired headshot look.
Prior to packing away the studio, you will have an opportunity to select your desired headshot(s) and include any desired retouching you may want to include (see our “Retouching Policy” below).
It can take up to 15 minutes to capture someone’s desired headshot, so if you are booking for multiple looks, please keep your schedule in mind.
You may order additional headshots or add a video session to your booking based upon Headshots by Mayberry Multimedia’s availability. A separate invoice will be sent to you for any additional items you decide to purchase in person.

Video Recordings

A video recording sessions is approximately 2 hours. The onsite studio takes 20-30 minutes to set up, and 20-30 minutes to pack away.
Once the onsite studio is prepared, Headshots by Mayberry Multimedia will prepare you to read your script from a teleprompter.
Our video recordings typically range from 30 seconds to 1 and a half minutes. All recording is done in a single location with linear editing.
Headshots by Mayberry Multimedia will deliver your video with a title slide, appropriate color correction and audio editing for a natural tone. Any additional editing will require an agreeable charge for further requests.

Rescheduling

If Client cancels a scheduled photo sessions seven (7) or more calendar days before the scheduled session date or if Headshots by Mayberry Multimedia cancels the booked session, the 50% of the session will be refunded or, at the Client’s choice, they may reschedule the session on a mutually agreed upon date.If the Client cancels the booked session less than 7 calendar days before the scheduled session or fails to show at the scheduled session, the session fee amount will be forfeited and will not be refunded to Client.

Retouching Policy

All digital images need processing to produce a polished professional look. All headshots/portraits without exception require retouching. Retouching is done after the session, by Headshots by Mayberry Multimedia retouching team using professional editing software to alter and improve photos resulting in a more desirable final image, thereby enhancing the subject’s overall appearance. Special retouching requests that go beyond the regular headshot retouching, such as composite work, object removal, major alternations to skin, neck or body, major alternations to hair or wrinkles in clothing, detailed somatic alterations to body (slimming), or alternations to colors of clothing or background, are subject to additional fees. Headshots by Mayberry Multimedia only delivers retouched photos to Clients. Retouched digital photo files are delivered in both high resolution and low resolution in jpg format. No raw files are ever provided unless Client agrees to pay for a full buyout of the images files.

Use of Photographs

Client agrees to utilize the photographs, including digital files, in a commercially reasonable manner and in such manner that will not harm the professional reputation of Headshots by Mayberry Multimedia. Client agrees not to utilize the photographs in any pornographic, illegal, libelous, scandalous, or such other manner that would tend to damage the image and reputation of Headshots by Mayberry Multimedia. Client will not contest, or assist or induce others to do so, Headshots by Mayberry Multimedia’s rights in and to any photographs. Client’s photographs are for their private or commercial business use only and shall not be submitted to contests or reproduced for commercial use other than for the Client’s business. Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from the Agreement for Photographic Services (“Agreement”) between Client and Headshots by Mayberry Multimedia without express permission of Headshots by Mayberry Multimedia. Client allows Headshots by Mayberry Multimedia to display any images relating to the Agreement between Client and Headshots by Mayberry Multimedia to generally promote the business of Headshots by Mayberry Multimedia through advertisement, publicity materials, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to Client.

Indemnification

It is the Client’s duty to obtain all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any photographs taken under the Agreement. Client shall indemnify and hold Headshots by Mayberry Multimedia harmless against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

Force Majeure

Neither Headshots by Mayberry Multimedia nor Client shall be liable for any delay in performing or failing to perform obligations if that delay or failure results from events or circumstances outside their reasonable control, such as sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown, etc. Such delay or failure shall not constitute a breach of the agreement between Client and Headshots by Mayberry Multimedia and the time for performance shall be extended by a period equivalent to that during which performance is so prevented provided that if such delay or failure persists for more than 90 days, nothing in this provision shall be taken to limit or prevent the exercise by either party of its rights of termination of the Agreement.

Termination

The Agreement between Headshots by Mayberry Multimedia and Client can be terminated if one of the parties materially breaches any portion of the Agreement. Such termination shall take effect immediately after fourteen (14) calendar days after notice of the breach from one party to the other. Both parties shall have the right to notify the other of their intent to take substantial steps to cure any breach. If such notice is delivered, the Agreement shall not terminate, unless such substantial steps do not in fact occur.

Limitation of Liability

In the unlikely event of a total photographic failure or cancellation by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the Agreement. Neither party shall be liable for indirect or consequential loss.

Confidentiality

All terms and conditions of the Agreement between Client and Headshots by Mayberry Multimedia, and any duties and performances due under the Agreement, shall remain confidential. Neither Client nor Headshots by Mayberry Multimedia shall use any information related to the commercial use of the photographs or business operations of the other party, except in as much is necessary for adequate performance under their Agreement. Further, Headshots by Mayberry Multimedia will not disclose, divulge, reveal, report or use for any purpose any data or information relating to Customer – whether business or personal – that was obtained by Headshots by Mayberry Multimedia and which would reasonably be considered to be private or proprietary to Customer and that are not generally known and where the release of that confidential information could reasonably be expected to cause harm to Customer except as authorized by Customer or as required by law. The obligations contained in this provision shall expressly survive the termination, expiration or assignment of the Agreement between Customer and Headshots by Mayberry Multimedia.

Ownership of Intellectual Property and Copyright

All intellectual property and related material such as the photos (the “Intellectual Property”) that is developed or produced under Client’s and Headshots by Mayberry Multimedia’s Agreement will be the property of Headshots by Mayberry Multimedia. Client is granted a non-exclusive limited use license of this Intellectual Property. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with Headshots by Mayberry Multimedia. Client does not and shall not have any propriety rights in any products created, designed, manufactured, or produced, using in any manner Client’s appearance, likeness, or form, including without limitation any computer readable media, print, broadcast, or other media, computer programs, audio visual displays, printed material, advertising packaging, and/or artwork created and including any associated rights in and to any copyrights, patents, trademarks and any other intellectual property rights. Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by all applicable copyright laws.

Dispute Resolution

In the event a dispute arises out of or in connection with the Agreement between Client and Headshots by Mayberry Multimedia, the parties will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period, then any or all outstanding issues may be submitted to mediation. If mediation is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration at Dispute Prevention & Resolution, Inc. in Honolulu, Hawaii, in accordance with the laws the State of Hawaii. The arbitrator’s award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of Hawaii.

Governing Law

The Agreement between Client and Headshots by Mayberry Multimedia shall be construed in accordance with and governed by the laws of the State of Hawaii, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Waiver

Any waiver by Client or Headshots by Mayberry Multimedia of any breach of a term or condition of the Agreement, or failure to perform under the Agreement, shall not be considered as a waiver of any subsequent breach of the same or any condition hereof.

Severability

If any provision, clause or section of the Agreement between Client and Headshots by Mayberry Multimedia is declared void or unenforceable by any judicial or administrative authority, the remaining portions of the Agreement shall remain in full force and effect.