THE WORKMANS, LLC PHOTOGRAPHY LICENSE TERMS

 Description of Service

The Workmans, LLC (“The Workmans”) agrees to provide the agreed upon photography services (the “Project”) for the price indicated on the invoice (the “Fee”) on the date to be agreed upon by the Workmans and Client (collectively, the “Parties”). The date on which The Workmans will capture the photographs shall be referenced as the “Capture Date.” The Workmans will provide the final, edited photographs (the “Workmanship”) to Client.

Refund/Cancellation Policy

Any cancellation by Client shall be made in writing and delivered by email to The Workmans at hello@wearetheworkmans.com.

If Client cancels, depending upon the date of cancellation, Client shall be responsible for the following portion of the Fee:

Time of Cancellation/Client’s Responsibility

Between Date of Invoice and 7 Days Prior to Capture Date/15% of total Fee

Within 7 Days Prior to Capture Date/35% of total Fee

Within 1 Day Prior to Capture Date/50% of total Fee

On Capture Date/100% of total Fee

The percentage of the Fee to which Client is entitled based on the above will be refunded to Client via check mailed to Client’s address as it appears on the invoice, postmarked within ten (10) business days of Client’s cancellation.

Rights Associated with Workmanship

The Workmans owns and retains all right, title, and interest in and to the Workmanship, subject to the following license. The Workmans hereby grants to the Client and its affiliates, and each of their respective direct and indirect licensees, successors, and assigns (collectively, the “Related Parties”) an exclusive, perpetual, irrevocable, freely transferable and sublicensable, fully paid-up and royalty-free right and license to use the Workmanship, including all copyrights and other intellectual property rights therein and all renewals and extensions thereof, throughout the universe, for the intended purpose of the Project. For purposes of clarity, the Parties agree that the foregoing grant does not include the rights: (a) to modify, edit, combine with other materials, translate, include in collective works, and create derivative works of the Workmanship (collectively, “Adapted”); (b) sell the Workmanship as delivered or Adapted; and (c) to reproduce, perform (publicly or otherwise), display (publicly or otherwise), and transmit the Workmanship, in whole or in part, and as provided by The Workmans unmodified or Adapted for purposes other than the intended purpose of the Workmanship.

Client hereby grants The Workmans and its Related Parties an exclusive, perpetual, irrevocable, freely transferable and sublicensable, fully paid-up and royalty-free right and limited license to use the Workmanship in a portfolio (including, but not limited to, any website that displays Workmanship) for the purpose of providing examples of, and otherwise advertising, services to third parties.

 Notwithstanding the foregoing, in the event Client fails to timely pay all or any part of the Fee, as agreed to by the Parties, any license granted herein by The Workmans shall immediately terminate and become null and void.

 Client may, but is not obligated to, provide The Workmans with source attribution for the Workmanship in connection with any publication of such Workmanship. In the event source attribution is provided, The Workmans hereby grants to Client and its Related Parties, the right to use The Workmans’ name, image, likeness, and biographical and professional information for such source attribution; provided, however, Client shall not take, omit to take, or permit any action which will or may suggest the Workmanship was created by anyone other than The Workmans.

 Miscellaneous

This Agreement shall be construed in accordance with the laws of the State of Florida. In the event of any legal or equitable action arising under this Agreement, the venue for such action shall lie exclusively within either the state or federal courts located in Leon County, Florida, and the Parties hereby specifically waive any other jurisdiction and venue. 

 Client represents that he/she has full authority and legal power to enter into this Agreement.

 In the event any Party to this Agreement is forced to commence action to enforce compliance with this Agreement, the prevailing party shall be entitled to recover any and all attorneys’ fees and costs incurred in connection with such enforcement, including but not limited to attorneys’ fees and costs incurred on appeal and attorneys’ fees and costs relating to pursuing determination of entitlement to and reasonableness of any prevailing party attorneys’ fees and costs to be awarded.

 WAIVER OF JURY TRIAL. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN ANY LITIGATION ARISING FROM THE TERMS, PROVISIONS, OR SUBJECT OF THIS AGREEMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO EXECUTE THIS AGREEMENT.