E.o.K
Terms of Service
Definitions - "E.o.K" Jerrod Kamau Williams, of Eye of Kamau. "Client" meaning any person, body of persons, firm or Company with whom E.o.K enters into a contract for the sale of goods or provision of services by E.o.K.
Acceptance of Terms of Service - All contracts and transactions between E.o.K and Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between E.o.K and all or any of its Clients.
Copyright and Ownership - The copyright of all imagery created by E.o.K is owned by E.o.K. Unless Photographer gives written authorization, the Client is forbidden by law to copy any images created by E.o.K and agrees that all photographic reprints, digital duplications or copies of any type made from imagery created by E.o.K shall only be carried out by E.o.K. The license to reproduce such imagery is granted to the Client on the understanding that the license is only granted once all payments are made in full. An agreement must be reached with E.o.K before the imagery is used for a different purpose or after the license to use has expired. E.o.K reserves the right to charge an additional fee if the imagery is used for purposes other than what is shown on E.o.K’s invoice and/or quotation. The license to reproduce requires that E.o.K’s ‘Jerrod Kamau Williams’, will be credited on or in reasonable proximity to all published reproductions of the imagery. If Client wishes to own the copyright of imagery created by E.o.K, an additional fee will be paid by Client to E.o.K for transferring the copyright. The transfer of copyright will only become applicable after this payment has been made in full. All original negatives, transparencies and digital files created by E.o.K remain the property of E.o.K, and E.o.K reserves the right to make reproductions of imagery created during assignments for marketing, promotional, competition and editorial purposes.
Rejection - Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing. E.o.K will use best endeavors to follow any guidelines provided by Client in writing, prior to commencement of the assignment.
Deposit - Unless waived by E.o.K, a non refundable deposit of 50% of original fee is required to book E.o.K.
Cancellation Fees/Overruns - A booking is considered firm from the date of confirmation via deposit and accordingly, if a booking is cancelled by Client within 24 hours of the starting time, E.o.K reserves the right to charge his full fee for the assignment. If a booking is cancelled within 3 working days of the starting time, E.o.K may charge 50% of his fee. For cancellations/postponements due to weather conditions, E.o.K reserves the right to charge the full fee and expenses due to weather conditions on location. In the event of any cancellation/postponement, E.o.K may charge in full for expenses (e.g. including but not limited to; travel arrangements, location/studio fees, hire of specialist equipment, props, model fees etc), that E.o.K may have incurred (or committed to) prior to the cancellation/postponement. E.o.K may make additional charges should an assignment overrun due to circumstances beyond the control of E.o.K (e.g. including but not limited to; Client requesting additional content over and above Client's original brief etc).
Payment Terms - Payment for all products and/or services provided by E.o.K must be made upon completion of the assignment. Any or all fees or expenses incurred by E.o.K in chasing payment of overdue invoices shall be borne by Client.
Changes to Assignment - All prices quoted to Client apply only to the original job description and specifications given to E.o.K by Client. E.o.K reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, E.o.K shall endeavor to provide an indication of what these additional charges will be.
Representation - Client shall ensure that there is an authorized representative present at the assignment to ensure the correctness of E.o.K’s interpretation of Client’s brief. In the event of no Client representation, E.o.K’s interpretation of the brief shall be deemed as correct.
Confidentiality - E.o.K acknowledges that in the performances of the services, he may receive information from Client which is designated by Client as confidential. Upon written request from Client, E.o.K agrees to keep this information secret and not to disclose such information to other parties except as required by law or as necessary to complete the assignment.
Delivery of Products and Services - The supply of any products and services are provided by E.o.K on a best endeavors basis. E.o.K will not be liable for delays that are beyond his reasonable control. E.o.K shall use reasonable endeavors to meet agreed deadlines where applicable. E.o.K shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, floods, fire, loss or damage in transit etc.
Terms - This agreement shall be governed by the Laws of California. E.o.K reserves the right to amend these Terms of Service without prior notice.