Terms of Service
 Definition: "Image(s)" means all visual representations furnished to Client by Sharptop Studios whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Sharptop Studios will deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Sharptop Studios may select, at a resolution that Sharptop Studios determines will be suitable to the subject matter of each Image. All images will be uploaded to an online gallery, and furnished to client via a personalized hyperlink. Sharptop Studios will select the best images from the session. Sharptop Studios is not obligated to provide any additional images that are not already presented to the client. In no event will Sharptop Studios be liable for poor reproduction quality, delays, or consequential damages of the Images by any third party. Unless otherwise specifically provided elsewhere in this document, Sharptop Studios has no obligation to retain or archive any of the Images after they have been delivered to Client. Client is obligated to accept Sharptop Studios' judgment as to the selection and acceptability of the Images.
 Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Sharptop Studios. The client is granted the rights to use the provided Images until the sale of the documented property, and to usage in print (conventional non-electronic and non-digital) and electronic media in North America. Unless otherwise specifically provided elsewhere in this document, no image licensed for use on a cover of a publication or signage may be used for promotional or advertising purposes without the express permission of Sharptop Studios. Any infraction could result in additional fees. No rights are transferred to Client unless and until Sharptop Studios has received payment in full. The parties agree that any usage of any Image without the prior permission of Sharptop Studios will be invoiced at three times Sharptop Studios' customary package rate. If any Image is being published in an electronic medium, Client agrees to provide Sharptop Studios with a URL of the published use of each such photograph, within thirty (30) days after the date of first publication of each use. Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act. This prohibition includes any rights or privileges that may be claimed under §201(c) of the Copyright Act of 1976 or any similar provision of any applicable law. All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the Images or the licenses to use them.
 Photo Credit: Published usages of Images may be accompanied by written credit to Sharptop Studios and/or copyright notice or watermark. If no placement of a credit or copyright notice is specified, no credit or notice is required.
 Alterations: Client will not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital copies unless specifically permitted by Sharptop Studios.
 Indemnification: Client will indemnify and defend Sharptop Studios against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client.
 Property Release
The Client, being the legal owner of, or having the right to permit the taking and use of photographs of, does irrevocably grant to Sharptop Studios the full perpetual rights to take and use such photographs in advertising, trade, or for any purpose. The Client hereby waives any right that they have to inspect or approve the finished product or products, or the advertising copy or other published matter that may be used in connection therewith, or the use to which it may be applied. If the Client is signing as an agent or employee of a firm or corporation, the Client warrants full authority to do so. This release shall be binding upon the Client and his/her/its heirs, legal representatives, successors, and assigns.
 Assumption of Risk: Client assumes full risk of loss or damage to property and furnishings during photography session, and warrants that said property and furnishings are adequately insured against such loss, damage, or liability.
 Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. This agreement binds Client and inures to the benefit of Sharptop Studios, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, Client's oral authorizations for additional Images, fees and expenses that could not be confirmed in writing because of insufficient time or other practical considerations. This agreement incorporates by reference the Copyright Act of 1976, as amended. It also incorporates by reference those provisions of Article 2 of the Uniform Commercial Code that do not conflict with any specific provisions of this agreement; to the extent that any provision of this agreement may be in direct, indirect, or partial conflict with any provision of the Uniform Commercial Code, the terms of this agreement shall prevail. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state. Sharptop Studios is an independent contractor and not an employee. If Sharptop Studios is deemed under any law to be an employee of Client, and if the Images are therefore considered works made for hire under the U.S. Copyright Act, Client hereby transfers the copyright to all such Images to Sharptop Studios. Client agrees to execute any documents reasonably requested by Sharptop Studios to accomplish, expedite or implement such transfer.
 Disputes: Except as provided in  below, any dispute regarding this agreement shall, at Sharptop Studios' sole discretion, either:
(1) be arbitrated in Sharptop Studios' City, Sharptop Studios' State, under rules of the American Arbitration Association and the laws of Sharptop Studios' State; provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof.
(2) be adjudicated in Sharptop Studios' City, Sharptop Studios' State under the laws of the United States and/or of Sharptop Studios' State.
(3) In the event of a dispute, Client shall pay all court costs, Sharptop Studios' reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Sharptop Studios.
 Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Sharptop Studios under the Copyright Act of 1976, as amended, including subsidiary and related claims.
 Assignment Cancellations and Postponements:
Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment. Client is charged 50 percent of Sharptop Studios' fee if notice of cancellation is given less than twenty-four (24) hours before the shoot date. Client will be charged 100 percent fee if the client fails to appear at the given time and location or does not provide access to the property via a third party.
Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the assignment occurs after photographer has departed for location. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.