This is a legal agreement between Revolt Studios represented by Daniel Anderson hereinafter known as the (photographer) and client hereinafter known as the (client) with an address of: client’s address. This contract is effective immediately upon deposit and/or invoice payment by the client. Photographic and Image content services also shall be expressed as “media, images, or video”.
- It is understood that the photographer is the exclusive official photographer retained to perform the photographic and/or video services requested.
- The photographer may substitute another photographer to take the photographs/video in the event of illness or of scheduling conflicts. In the event of such substitution, the photographer warrants that the photographer taking the photographs shall be a competent professional.
- INSTANT BOOKINGS Instant bookings are booking that have set rates and set deliverables. Instant bookings are governed by a separate agreement called a Personal Shoot Agreement or Commercial shoot agreement depending on the level of service you desire. This policy does not mandate terms for those types of shoots.
- USAGE LICENSE All media produced by Revolt Studios, Photographer Daniel Anderson, and our assignees remain the intellectual property of Revolt Studios and are protected by U.S. Copyright Laws. Client understands that he or she is purchasing a license to use the media produced for a specified reason, and for a specified period of time outlined in the Image Use License. If you are unfamiliar with Image Licensing and what it means please review: https://revoltstudios.com/what-is-licensing/ before signing this agreement.
- DELIVERY No part of any order, will be delivered until the client’s balance is paid in full. All final edits will be delivered within 7 to 21 business days following the close or completion of your shoot session(s).
- IMAGE PROOFS the photographer shall make proofs (unedited images) available through an online gallery proofing website. These proofs shall be available to the client within 5-days of the completed session. The gallery will remain open for 21-days from the notification email. If the client request to extend the time or reopen the online proofing gallery, a $50 archival fee shall apply. Client shall not copy, download, screenshot, capture, in any fashion and/or post/re-post proofs to social media without authorization from the photographer or agent of Revolt Studios.
- EDITS AND RETOUCHES Clients are allowed (2) edits and/or retouches per 100 frames for personal sessions, and model portfolio sessions. For commercial sessions the number of edits is determined and outlined in your quote; additional edits and retouches may be purchased for an additional fee. Client understands that some images in the course of a session due to lighting, scenery, background, skin condition, or other elements may be impossible to edit, Revolt Studios reserves the right to not edit such images that will have a negative effect on the overall quality of the final resulting image.
- STYLING SERVICES Clients can either provide their own (MUA) makeup artist, hairstylist, wardrobe stylist, and/or creative director or hire one of our recommended professionals. It is the clients’ responsibility to convey their goals and requirements to any artist whether provided by the client or recommended by Revolt Studios. The client also understands that all hired artist recommended by Revolt Studios are independent contractors, and may have their own individual separate terms, conditions, and contracts. Revolt Studios and the photographer shall be held harmless for any and all incidents and accidents that may arise between the client and the artist or anyone recommended by Revolt Studios.
- USER GENERATED CONTENT By responding with @revoltstudios, #revoltstudios, and #shootwithrevolt, you agree to the following terms: You hereby grant Revolt Studios, its affiliates and related entities a perpetual, irrevocable, royalty-free, worldwide, non-exclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works, based upon, and otherwise use and sublicense your Facebook, Instagram, Twitter, Pinterest, Behance, and SnapChat photographs, videos, and/or stories that have been tagged with @revoltstudios, #revoltstudios, and #shootwithrevolt or that have otherwise been mutually agreed between you and Revolt Studios. (“Digital Media”), or any portion of your Digital Media, in any manner in its sole discretion, including but not limited to on its web pages or in its marketing and advertising materials. You hereby represent and warrant that: (a) you own all rights in and to your Photos; (b) you have permission from any person(s) appearing in your Digital Media to grant the rights herein; (c) you are not a minor; and (d) Revolt Studios’ use of your Facebook, Instagram, Pinterest, SnapChat, Behance or Twitter handle or Photos will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold harmless Revolt Studios’ and any person acting on Revolt Studios’ behalf from any liability related in any way to Revolt Studios’ use of your Facebook, Instagram, SnapChat, Behance, Pinterest or Twitter handle or your Photos. You also agree that any media that you generate during the course of your session with Revolt Studios that depicts an aspect of your session with Revolt Studios you will tag each post with @revoltstudios and #revoltstudios when posting said media to any social networks.
- RIGHTS The photographer reserves the right to use any media created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the media in this manner and shall indemnify and defend the Studio/Photographer in the event of litigation arising out of such use. Negatives, digital files, and previews remain the exclusive property of this Studio/Photographer. The photographer retains the right of discretion in selecting the media released to the client. The photographer also reserves the right to not release any media created from any session where a client has not paid all outstanding balances due.
- QUOTES quotes are not an obligation to book services or purchase products from Revolt Studios and the photographer. All quotes expire with 7-days of receipt unless otherwise dated on the quote.
- INVOICES invoices and/or deposit payments are considered an obligation to book services and/or purchase products from Revolt Studios and the photographer, by making a deposit or invoice payment you agree to the terms and conditions of all contracts, agreements, requirements, and guidelines of Revolt Studios and the photographer.
- DEPOSIT A $100.00 non-refundable deposit of the total invoice amount will be required to book any personal session, A $200 non-refundable deposit of the total invoice amount due will be required to book any commercial session. Upon signature, the photographer and client shall reserve the time and date agreed upon. All deposits are non-refundable even if the session is rescheduled or canceled for any reason other than inclement weather. However deposits are transferable, you may use your non-refundable deposit towards a future booking within 45-days of the original shoot date. Revolt Studios allows a 24-hour cancellation grace period to cancel and receive a full refund of your deposit minus a $10 cancellation fee.
- TIME your shoot starts approximately at the scheduled time of your session whether you are on-time or late. It is the clients’ responsibility to make sure enough time is scheduled for makeup, hair, and styling services. If you are thirty (30) or more minutes late arriving at any session, the photographer reserves the right to either cancel the entire session or reduce the time booked and allocated for the session at the photographers’ discretion. No refunds will be credited or provided for any canceled session, or reduction in shoot time.
- LOCAL CANCELLATIONS Local session cancellations must be given 72-hours in advance of your scheduled shoot date and time or the client assumes all associated cost for non-refundable fees. If in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a shooting session to the artistic standards of the photographer, the photographer may elect to use an alternate location or to reschedule the session.
- TRAVEL CANCELLATIONS sessions outside of the photographers base of Los Angeles, CA where travel by airplane and hotel accommodations are required must be canceled 21-days in advance of your scheduled shoot date and time or client assumes all associated cost for non-refundable fees and travel fees including but not limited to airfare, hotel accommodations, and rental car fees for the photographer and traveling crew members. If in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a shooting session to the artistic standards of the photographer, the photographer may elect to use an alternate location or to reschedule the session.
- DISCLAIMER If the photographer cannot perform this Contract due to fire or other casualties, strike, an act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
- REFUNDS and WAIVER CHARGEBACKS. 24-HOUR GRACE: Revolt Studios allows clients up to 24-hours after the deposit payment is received to cancel and receive a full refund of the deposit minus a $10 cancellation fee. No refunds will be issued outside the 24-hour grace period or for any completed photo session(s) and/or services rendered whatsoever, no exceptions. All sales are final. The client also explicitly waives the right to file chargeback claims with their Credit or Debit card issuing institution or our merchant provider in order to recover non-refundable deposits and/or session fees for rendered services. In the event, a chargeback is filed you agree to reimburse the photographer for any costs incurred in researching and responding to such chargeback, including without limitation, our actual costs paid to the credit card processor or our banks, other third parties, and the reasonable value of the time of our employees and owners spent on the matter, as determined in our discretion in good faith if your chargeback is denied in our favor.
- PRINT Client is aware that color dyes in optional printed products may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. Revolt Studios uses 3rd Party printers for all sessions including prints.
- PRICING AND PAYMENT The charges in this Contract are based on the photographers quoted prices. These quotes are adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. Revolt Studios accepts Visa, MasterCard, American Express, and Discover Credit and Debit Cards. We also accept PayPal® and CashApp®, money orders and cashier’s check made payable to Daniel Anderson DBA Revolt Studios.
- TRAVEL FEES all associated travel fees are presented in the final quote if they apply.
- NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Studio’s/Photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties. All media produced by the photographer are governed by our license agreement.
- INDEMNIFICATION the photographer shall be held harmless for any and all accidents and/or injury to the client during the course of the session and the immediately surrounding events. The client understands by entering into this agreement that he/she, and/or his/her company waives all rights to legal remedies against the photographer and Revolt Studios in the event an accident and/or injury may occur.
- LICENSE Client has the right to buy out all media produced in their session by purchasing an extended license agreement.
- LEGAL If either party to this contract brings legal action against the other party of this contract to secure the specific performance of this contract, collect damages for breach of this contract, or otherwise enforce or interpret this contract, the prevailing party shall recover reasonable attorney’s fees and all cost, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled in a United States Court of Law by a licensed Judge, or Justice of the Peace in the jurisdiction closest to the photographers’ office. Notwithstanding the foregoing, either party may refuse to file a claim or seek settlement for a sum less than $200. In no event shall an award in court initiated under this clause exceed the contracted price of the controversy in dispute.
- INFORMATION For questions regarding this contract please contact us during our normal operating hours, or by email at book@revoltstudios.com or by calling 1 (855) 866-0797.
- DEPOSIT The total non-refundable deposit for your session.
- REMAINING BALANCE DUE The total remaining balance due at the close of your session. All outstanding balances not paid by the due date will be forwarded to collections. All outstanding balances remaining unpaid for more than 21-days after the due date will result in legal action.
- FINAL This Contract incorporates the entire understanding of the parties.
I knowingly by paying any deposit or invoice for any services or products from Revolt Studios agree to the aforementioned terms stated in this contract whether my signature is required or not and make no other claims or warranties hereinafter.
STANDARD USAGE LICENSE AGREEMENT
I UNDERSTAND THIS IS A NON-COMMERCIAL LICENSE AND IMAGES AND FOOTAGE PRODUCED UNDER THIS AGREEMENT MAY NOT BE USED OR SOLD FOR PROFIT.
The following license is valid for a period not to exceed 3 year’s, unless otherwise stated from the date of my session upon expiration client will not be permitted to print and/or reproduce images and/or alter or reproduce footage without direct written permission from the photographer Daniel Anderson or an authorized assignee of Revolt Studios. Whereas sharing on social media is permitted without expiration and shall be restricted to the guidelines of this agreement in section: PART I – COPYRIGHTS.
The following is a legal agreement between the client or your employer or other entity on whose behalf you are entering into this agreement (“you” or “Customer”) and: i) if you are an existing customer or a new customer in the United States or Canada and Revolt Studios with its office at Revolt Studios: 8560 Sunset Boulevard, West Hollywood, California 90069, United States; or ii) By entering into this agreement, you verify that your country of residence is the same as your billing address of client’s address.
“Image(s)” means photographs, vectors, drawings and the like available for license from Revolt Studios.
“Footage” means any moving images, animations, films, videos or other audio/visual representations, excluding still images, recorded in any format that are available for license from the Revolt Studios website.
“Visual Content” shall refer collectively to Images and Footage.
The following Terms of Service (“TOS”) constitutes an agreement between Customer and Revolt Studios setting forth the rights and obligations with respect to any Visual Content licensed by you. By agreeing to the TOS, you agree that these terms control your rights and obligations with respect to all Visual Content licenses set forth herein, notwithstanding the subscription or license you may be purchasing today. Please revisit these TOS when you purchase any Visual Content.
UNLESS YOU PURCHASE AN EXTENDED LICENSE, THIS IS A SINGLE SEAT LICENSE AUTHORIZING ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE VISUAL CONTENT. IF YOU PURCHASE A GROUP LICENSE THE RIGHT TO LICENSE, DOWNLOAD AND USE VISUAL CONTENT IS LIMITED TO THE NUMBER OF USERS PERMITTED BY THAT GROUP LICENSE. THE EXTENDED AND GROUP LICENSE PROVIDES ADDITIONAL RIGHTS TO AN UNLIMITED NUMBER OF USERS. SOME LICENSES SET FORTH HEREIN MAY NOT BE AVAILABLE FOR EXTENDED OR GROUP PURCHASE. If you require a multi-user license, please contact Customer Service at: license@revoltstudios.com or call our Booking Team at 1-855-866-0797
Part I Visual Content Licenses
a. Image Licenses
b. Footage Licenses
c. Restrictions on Use of Visual Content
Part II Warranties and Representations
Part III Indemnification and Liability
Part IV Additional Terms
PART I VISUAL CONTENT LICENSES
Revolt Studios hereby grants you a non-exclusive, non-transferable right to use, and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
a. IMAGE LICENSES
i. A STANDARD IMAGE LICENSE grants you the right to use Images:
1. As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile “apps”, software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth in sub-paragraph I.a.i.4 below);
2. Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, billboards, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;
3. As part of an “Out-of-Home” advertising campaign, provided the intended audience for such campaign is less than 500,000 gross impressions.
4. Incorporated into a film, video, television series, advertisement, or other multimedia productions for distribution in any medium now known or hereafter devised (each a “Production”), without regard to audience size, provided the budget for any such Production does not exceed USD $1,000;
5. For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind).
ii. AN EXTENDED IMAGE LICENSE grants you the right to use Images:
1. In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;
2. Incorporated into merchandise or promotional items for sale or distribution (collectively “Merchandise”), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s).
3. In-wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not for sale.
4. Incorporated as elements of digital templates for sale or distribution.
If the Standard or Extended Image licenses do not grant the rights you require please contact Customer Service
FOOTAGE LICENSES
iii. A FOOTAGE USE LICENSE grants you the right to use Footage:
1. in Productions (i.e., a film, video, television series, advertisement, or other multimedia production) displayed or distributed to the public by any means now known or hereafter devised;
2. in connection with a live performance;
3. on websites.
If the Footage Use License does not grant the rights you require, please contact Customer Service.
iv. A FOOTAGE COMP LICENSE grants you the right to use watermarked, low-resolution Footage as a comp (the “Comp Footage”) solely in a test, sample, comp, or rough-cut evaluation materials. Footage Comp Licenses do not permit you to display or distribute to the public or incorporated into any final materials any such Footage. Comp Footage can be edited, but you may not remove or alter the Revolt Studios watermark.
b. RESTRICTIONS ON USE OF VISUAL CONTENT
YOU MAY NOT:
i. Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.
ii. Portray any person depicted in Visual Content (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
iii. Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
iv. Use Visual Content designated “Editorial Use Only” for commercial purposes.
v. Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein.
vi. Use Visual Content in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
vii. Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
viii. Use “stills” derived from Footage except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Footage.
ix. Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
If you require any of the foregoing rights, please contact Customer Service.
c. CREDIT AND COPYRIGHT NOTICES
i. The use of Visual Content in an “editorial” context, shall be accompanied by an adjacent credit to the Revolt Studios contributor and to Revolt Studios in substantially the following form:
“@revoltstudios, #revoltstudios, and/or photographed by Daniel Anderson at @revoltstudios”
ii. If and where commercially reasonable, the use of Visual Content in Merchandise or a Production shall be accompanied by a credit to Revolt Studios in substantially the following form:
“Image(s) or Footage (as applicable), used under license from Revolt Studios”
iii. Credit attributions are not required in connection with any other use of Images unless another stock content provided is afforded credit in connection with the same use.
iv. In all cases, the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.
d. BUY OUT OPTION
i. A client may choose to buy out all the images and footage from a completed session with the release of the photographer’s copyrights for $1,500.00 for individuals and non-business and/or commercial clients.
PART II WARRANTIES AND REPRESENTATIONS
a. Revolt Studios warrants and represents that:
i. Revolt Studios photographers/videographers have granted Revolt Studios all necessary rights in and to the Visual Content to grant the rights set forth in Part I as applicable.
ii. Visual Content in its original unaltered form and used in full compliance with these TOS and applicable law, will not: i) infringe any copyright, trademark or other intellectual property right; ii) violate any third parties’ rights of privacy or publicity; iii) violate any US law, statute, ordinance, or regulation; or iv) be defamatory, libelous, pornographic or obscene.
b. While Revolt Studios makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Visual Content designated “Editorial Use Only”, REVOLTS STUDIOS MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) KEYWORD, TITLES OR DESCRIPTIONS; II) AUDIO IN FOOTAGE, OR III) VISUAL CONTENT DESIGNATED “EDITORIAL USE ONLY”. For the sake of clarity, Revolt Studios will not indemnify or have any liability in respect of any claims arising from an inaccurate keyword, titles or descriptions, any audio in Footage, or the use of Visual Content designated Editorial Use Only.
c. REVOLT STUDIOS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS “WARRANTIES AND REPRESENTATIONS” SECTION.
PART III Indemnification and Liability:
a. Subject to the terms hereof, and provided that you have not breached the terms of this or any other agreement with Revolt Studios, Revolt Studios will defend, indemnify, and hold you harmless up to the applicable “Limit of Liability” set forth below. Such indemnification is solely limited to Customer’s direct damages arising from a third-party claim directly attributable to Revolt Studios breach of the express warranties and representations made in Part II hereof, together with associated expenses (including reasonable attorneys’ fees). Indemnification is conditioned upon you notifying Revolt Studios, in writing, of any such claim or threatened claim, no later than five (5) business days from the date you know or reasonably should have known of the claim or threatened claim. Such notification must include all details of the claim then known to you (e.g., the use of Visual Content at issue, the name and contact information of the person and/or entity making the claim, copies of any correspondence received and/or sent in connection with the claim). The notification must be emailed to Revolt Studios at support@revoltstudios.com with a hard copy mailed to Revolt Studios. Attention: General Counsel, via certified mail, return receipt requested; or ii) overnight courier, recipient’s signature required. Revolt Studios shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with Revolt Studios in the defense of any such claim and shall have the right to participate in any litigation at your own expense. You agree that Revolt Studios is not liable for any legal fees and/or other costs incurred by you or on your behalf prior to Revolt Studios having a reasonable opportunity to analyze such claim’s validity.
b. Revolt Studios shall not be liable for any damages, costs or losses arising as a result of modifications made to the Visual Content or due to the context in which the Visual Content is used by you.
c. Limits of Liability: Revolt Studios total maximum aggregate obligation and liability (the “Limit of Liability”) arising out of each of Customer’s:
i. Standard Image Licenses shall be USD $250.00
ii. Extended Image Licenses shall be USD $500.00
iii. Footage Use Licenses shall be USD $500.00
If you have questions about the foregoing, please contact Customer Service.
d. You will indemnify and hold Revolt Studios, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Visual Content other than the uses expressly permitted by this TOS. You further agree to indemnify Revolt Studios for all costs and expenses that Revolt Studios incurs in the event that you breach any of the terms of this or any other agreement with Revolt Studios.
PART IV ADDITIONAL TERMS
a. Except when required by law, Revolt Studios shall be under no obligation to issue refunds under any circumstances. In the event that Revolt Studios determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase, if your refund is granted within the first 30-days, after which refunds will be made via cashier’s check mailed to the primary account holders address. To cancel any service contact book@revoltstudios.com
b. “Non-transferable” as used herein means that except as specifically provided in these TOS, you may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone, Visual Content or the right to use Visual Content. You may, however, make a one-time transfer of Visual Content to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating Visual Content subject to the terms and conditions herein. If you become aware that any Social Media Website uses any Visual Content in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating Visual Content from such Social Media Site and to promptly notify Revolt Studios of each such Social Media Website’s use. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Visual Content. If you become aware of any unauthorized duplication of any Visual Content please notify us via email at legal@revoltstudios.com
c. If you use any Visual Content as part of work product created for or delivered to a client or customer, you will disclose the identities of such clients or customers to Revolt Studios, upon Revolt’s reasonable request.
d. The validity, interpretation, and enforcement of these TOS, matters arising out of or related to these TOS or their making, performance or breach, and related matters shall be governed by the internal laws of the State of California (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and/or enforcement of these TOS, matters arising out of or related to these TOS or its making, performance or breach, or related matters shall be brought exclusively in the State or Federal courts located in the State and County of California. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this TOS. You agree that service of process in any actions, controversies and disputes arising from or relating to these TOS may be affected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law.
e. If you are entering into these TOS on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to Revolt Studios for any breaches of the terms of this TOS.
f. The number of Visual Content downloads available to you is determined by the product you purchase. For the purposes of these TOS, a day is defined as the twenty-four (24) hour period beginning at the time your product is purchased. A month is defined as thirty (30) consecutive days beginning on and including the date that you purchase your product.
g. If any individual term of these TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the TOS, so that these TOS shall otherwise remain in full force and effect.
h. It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.
i. In the event that you breach any of the terms of this or any other agreement with Revolt Studios, Revolt Studios shall have the right to terminate your account without further notice, in addition to Revolt’s other rights at law and/or equity. Revolt Studios shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
j. Except as expressly set forth herein, Revolt Studios grants no rights and makes no warranties, with regard to the use of personally identifiable information that may be visible in the Visual Content, music or other audio in footage, trademarks, trade dress or copyrighted designs or works of art or architecture depicted in any Visual Content. Revolt Studios only has model or property releases where expressly indicated on the Revolt Studios website.
k. Revolt Studios liability under any individual license purchased hereunder shall not exceed the “Limit of Liability” applicable to the license in effect at the time customer knows or should have known of the claim, and is without regard to the number of times the subject Visual Content is licensed or used by you.
l. Except as specifically provided in Part III hereof, in no event, will Revolt Studios total aggregate liability to you or any third party claiming through you, arising out of or in connection with your use of or inability to use the Revolt Studios websites and/or Visual Content contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by Revolt Studios from you for the applicable Visual Content license.
m. Neither Revolt Studios nor any of its officers, employees, managers, members, shareholders, directors or suppliers shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Visual Content, Revolt Studios breach of this agreement, or otherwise, unless expressly provided for herein, even if Revolt Studios has been advised of the possibility of such damages, costs or losses.
n. Except as expressly set forth in Part II, all Visual Content is provided “as is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Some Visual Content may contain elements that require additional clearance if the Visual Content is modified or used in a particular context. If you make such modification or use Visual Content in such context, you are solely responsible for obtaining any additional clearances thereby required.
o. Revolt Studios does not warrant that the Visual Content, Revolt Studios websites, or other materials will meet your requirements or that use will be uninterrupted or error-free. The entire risk as to the quality, performance, and use of the Visual Content is soley with you.
p. In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting Revolt Studios, Revolt Studios will promptly file a complaint with www.ic3.gov, the internet crime complaint center, a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center.
I the fully understand by purchasing any services or products, and/or by paying any deposit or invoice I agree to the aforementioned terms of the Standard Usage Agreement and make no other warranties or claims expressed or implied hereinafter.
All commercial usage agreements are customized on a per client basis after your quote request has been submitted one of our team members will review commercial usage agreement options with you. If this is your first time booking a commercial shoot and you don’t quite understand usage agreements and licenses click here, the video is boring but it’s straight to the point, or you can read our explanation of licensing.
A trade or test shoot agreement is required to shoot trade or test with Revolt Studios. This agreement outlines responsibilities and deliverables of both parties the participant(s) and the photographer. An example PDF copy of the agrement can be found here: Trade Agreement.
Revolt Studios requires all Clients and Trade/Test participants to review and sign a non-disclosure agreement (NDA). The non-disclosure agreement (NDA) is a legal contract between Revolt Studios and the Trade Participate(s) that outlines confidential material, knowledge, or information that Revolt Studios wishes to share only for purposes of a potential or actual business relationship but wish to restrict access to or by third parties. As such, our NDA protects nonpublic business information. For example, our NDA would restrict you from sharing a shoot plan (idea) thought of, arranged or designed by any team member(s) or person(s) acting on of Revolt Studios behalf with another photographer or 3rd party. The NDA would also restrict you from sharing any information or knowledge that Revolt Studios states as confidential. An example of our NDA can be found here: NDA Example