Terms and Conditions for Location Guides
This is a Contract between “the Buyer”, and Lucy Schultz Photography LLC (“the Photographer”). The parties intend that the Photographer will provide the Buyer with 1 or more Map-based photo location guides of the desired areas.
PAYMENT: Any payments more than 60 days past due may be subject to a late fee of 5% of the outstanding balance for every 30 days past due. The Buyer understands that all payments are Nonrefundable. No location guides will be provided to the Buyer until balance is paid in full.
1. Delivery: The Photographer will provide access to the purchased map location guides via web links sent via Buyer’s email within 10 days of receipt of payment. The maps shall remain available to the Buyer for not less than five years following receipt of payment.
2. Copyright: The map location guides remain the Photographer’s Intellectual Property and do not belong to the buyer. The buyer MAY NOT share, redistribute, modify, sell, or transfer these location guides with any other persons; clients; photographers, including second shooters and assistants; business partners; associate shooters; planners; vendors; friends; or business associates in any manner.
3. Release of Liability: The photographer’s map location guides are suggestions only. The Buyer participates in any activity at their own discretion and assumes all risk in participating in any and all hikes, activities, travel, and everything else. Due to the changing nature of permit regulations, no guarantees are made as to the accuracy of permit or other information about shooting in these locations. The Buyer understands that the Photographer is not responsible if the Buyer’s activities violate local laws or regulations, and that securing a location appropriate for the size of their client’s needs is the Buyer’s sole responsibility. The Buyer exempts and releases the Photographer, its owners, officers, agents, employees, and contractors from any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss or injury to the Buyer or the Buyer’s property or their clients while participating in any of the activities contemplated by this Contract, whether such loss, damage, or injury results from the negligence of the Photographer, its owners, officers, agents, employees, or contractors, or from some other cause.
4. Refunds: If the Buyer wishes to cancel this Contract, the Buyer understands that the payment is non-refundable. Due to the nature of custom location maps the Photographer cannot offer refunds solely on the basis of the Buyer’s dissatisfaction. The Buyer has had the opportunity to view a map virtually prior to entering into this Contract. In the event the Buyer is dissatisfied with the Photographer’s performance of its obligations contained in this Contract and claim any breach of this Contract and/or claims any breach of duty on the part of the Photographer including, but not limited to claims of negligence, breach of contract, breach of warranty, or any other claim of any kind or sort, the maximum amount the Buyer can recover from the Photographer in any suit against the Photographer is the Contract price as set forth above. Under no circumstances shall the Buyer be entitled to recover any damages from the Photographer beyond the Contract price.
5 Venue: This Contract is governed and construed in accordance with the laws of the State of Colorado (without regard to its conflict of law provisions). Any legal action with respect to this Contract must be brought in the courts located in Jefferson County, Colorado or the US District Court for the District of Colorado. If the Buyer fails to agree to these terms and conditions, the Buyer’s transmission of the initial payment will constitute acceptance of this Contract.