Terms of Service

for Commissions

This Agreement is between Jennifer Günthel (“Photographer”) and [you] (“Client”).

If you agree to these terms of service, please check the box next to the statement “I accept the Terms Of Service” in the contact form. By doing so you confirm that you have read and understand the terms of this Agreement and that you agree to be bound by this Agreement.

Description of Work

The Client wishes to license certain image rights in the photographic material (“Work”), created by Photographer.

The Photographer will create the Work based on Clients sketches and descriptions in the commission inquiry form.

The Work shall be delivered in the following form: digitally, .jpg, at least 3000px (long side)

Delivery Date

The Photographer agrees to deliver the Work within 14 days after Client accepts (in written form) the final offer send by Photographer.

Limit of Liability

If the Photographer is too ill or becomes injured and cannot supply the services specified above, their liability is limited to a refund of any payments received.

The Client shall assist and cooperate with the Photographer in obtaining the desired Work, including but not limited to delivering sketches and descriptions of the desired poses.

Grant of Rights

The Photographer retains copyright to the Work, and hereby grants the Client exclusive rights to use the Work for which the client pays.

Upon receipt of full payment, Photographer grants to the Client the following image rights in the Work:

For use as: pose reference to create personal and commercial works of art

In the following territory: global

For an unlimited time.

Unless otherwise agreed, any rights granted are always non-sub-licensable and non-transferable.

Not included is the right to use the Work in photo manipulation.

ARCHIVING DIGITAL FILES

While Photographer may choose to archive the Work, it is Client’s responsibility to properly store and archive the Work. Photographer cannot guarantee the availability of the Work beyond one month after the date of first delivery to Client.

Payment

All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.

Severability

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Last Update: 21.02.2022