Micro-Photo Hype Session Agreement
This agreement is between the Client (referred to as "Client") and USSSA Creative (referred to as "Photographer") for a mini-photoshoot session. By booking and completing payment, the Client agrees to the following terms and conditions:
Session Details
Mirco-Session Package:
Session Duration: 15 minutes.
Session Fee: $150, inclusive of 5 professionally edited photos and 2 GIFs.
Location: The USSSA Creative Studio is located at the Clubhouse at the USSSA Space Coast Complex.
Final Deliverables: 5 edited digital images and 2 GIFs, delivered electronically.
Delivery Timeline: The final product will be delivered within two weeks from the date of the shoot and will be provided electronically via a secure download link or email. No physical products will be provided.
Purchase Add-on Option:
One Addtional Athlete per booking window can be added for a fee of $100, inclusive of 5 additional shots making the product total:10 photos and 2 GIFS.
The maximum number of athletes per 15-minute window booked is 2. For larger groups, you must purchase additional Micro Session time slots.
Booking & Payment
1. Payment of the full session fee ($150) is required at the time of booking to secure your session.
2. All sessions are booked on a first-come, first-served basis.
3. Payment is non-refundable except as specified below.
Cancellations & Rescheduling
4. In the event the Client needs to cancel or reschedule, they must notify the Creative Team at creative@usssa.org no later than 48 hours prior to the session.
5. Cancellations within 48 hours of the session will not be eligible for a refund. However, USSSA Creative will do its best to accommodate a reschedule within the duration of the event, subject to availability.
6. Photographer and Videographer are not responsible if Client and/or key individuals fail to appear or cooperate during sessions, or for missed images due to details not revealed to Creative Team. If the Client fails to appear for the scheduled session, the booking fee is non-refundable.
Product Delivery
1. The Photographer and Videographer will provide the final edited images and GIFs within two weeks of the session. The Client will receive a downloadable link via email or other electronic means for the final product.
2. The Photographer and Videographer are not responsible for delays in product delivery caused by factors outside of their control, such as client communication delays or technical issues.
Client Usage
1. The Client is granted a non-exclusive, non-transferable, personal-use license to download and share the final images and GIFs for personal use only.
2. The images and GIFs may be shared on personal social media accounts, printed for personal use, or used for personal purposes.
3. Commercial use, resale, or any alteration of the final images beyond cropping for social media or resizing is strictly prohibited without prior written consent from the Photographer.
4. The Client agrees not to alter or edit the final images in any way, including applying additional filters or modifications, without prior consent.
5. The Client is encouraged to credit USSSA Creative when posting the images on social media or other platforms.
PhotoDay Terms
By purchasing any photos through the PhotoDay link provided by USSSA, you agree to the following terms and conditions:
1. Personal Use Only: The photos available for download are provided for personal use only. You may not use these photos for commercial purposes, resale, or distribution without explicit written permission from USSSA.
Copyright Ownership: All photos are the property of USSSA and are protected by international copyright laws. Unauthorized use, reproduction, or distribution of these photos is strictly prohibited.
2. Liability: USSSA is not liable for any damages resulting from the use or misuse of the photos downloaded from this website. While we have specifically selected PhotoDay as one of the highest caliber professional imaging services in the industry, by purchasing a photo print(s) directly through this digital service, you agree to hold USSSA harmless should the quality of the print product not be satisfactory. For this reason, the high-resolution download with a print release agreement is available for every photo and can be taken to be printed elsewhere for personal use only.
3. Termination of Rights: USSSA reserves the right to terminate or revoke your rights to use any photos at any time, for any reason, without notice.
Facial Recognition Technology: PhotoDay provides customers with the option to use facial recognition technology to filter by and source photos of each individual. By selecting this option, you agree to PhotoDay's use of your biometric data. This feature is not required, other options are available for sorting.
4. PhotoDay License: PhotoDay reserves the right to retain any content submitted to it indefinitely. Also, by submitting any content PhotDay is granted perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the content.
Creative Control
1. The Client acknowledges that the Photographer and Videographer are hired for their professional expertise and creative vision.
2. All final editing, including but not limited to color correction, retouching, and cropping, will be at the sole discretion of the Photographer and Videographer. The Photographer and Videographer's editing style is an essential part of the final product, and no unedited images will be provided.
3. Requests for re-edits, revisions, or alterations to the Photographer or Videographer’s original work may incur additional charges and are not guaranteed.
Limit of Liability
1. In the unlikely event of severe injury, illness, equipment failure, or any unforeseen circumstances beyond the Photographer and Videographer's control that prevent the session from taking place or result in the loss of photos, the Photographer and Videographer’s liability is limited to rescheduling the session or refunding the session fee.
2. The Photographer and Videographer will not be liable for any damages (including financial, consequential, or incidental) arising from the session, other than a full refund of the session fee if no reschedule can be arranged.
3. The Client agrees that the Photographer and Videographer are not responsible for any injuries or damages sustained during the session, and the Client assumes all risks related to participating in the photoshoot.
4. The Photographer and Videographer are not liable for the loss or destruction of files once delivered to the Client, including failure to download or store them in a safe manner.
5. This authorization and release shall also ensure to the benefit of the legal representatives, licensees and assigns of USSSA Creative as well as, the person(s) capturing the content. This also covers any claims for libel or violation of any right of publicity or privacy.
6. Any damage done to studio equipment, studio space, sessions props or the like will be paid for at the expense of the Client. USSSA reserves the right to withhold any photos until this is rectified.
Model Release
By participating in this photoshoot, the Client grants permission to USSSA Marketing & Media for the following, unless otherwise discussed and agreed upon in writing before the session:
1. (a) To copyright under USSSA Media’s own name or any other name that they may choose;
2. (b) To use, re-use, publish, and re-publish the same in whole or in part, individually or in conjunction with other photographs, video graphs, or audio clips in any medium and for any purpose whatsoever, including (but not by way of limitation) print, illustration, promotion, advertising and trade, publications, newsletters, brochures, and to use such content in electronic versions such as email and websites without acquiring permission from the Client.
3. (c) To use the Client’s, image, likeness, and audio recording in connection therewith if USSSA Media so chooses. I hereby release and discharge USSSA Media and those acting under their authority from any and all liabilities, claims, and demands arising out of or relating to any blurring, distortion, or alteration whether intentional or otherwise, that may occur or be produced in connection with the Content, or in connection with any processing, alteration, transmission, display, or publication of the Content.
4. (d) I hereby waive any right to inspect or approve the finished Content or printed or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the Content.
Agreement
This Agreement constitutes the sole, complete, and exclusive agreement between USSSA Marketing/Media and the Client regarding the Content.
By agreeing to the terms, I confirm that I am 18 years of age or older and I am competent to contract in my own name and/or I am a legal guardian authorized to enter into this agreement of terms on behalf of a minor.
I have read the preceding and fully understand the contents thereof before signing below and understand that I am free to address any specific questions regarding this release by submitting those questions in writing prior to signing, and I agree that my failure to do so will interpreted as a free and knowledgeable acceptance of the terms of this release.
By booking and paying for this Micro-Photo Session, the Client agrees to all terms and conditions outlined in this agreement. This agreement is binding upon payment confirmation.