Dan Smarg Photography

Multimedia Content Production & SEO Strategy Services Agreement

for

CONTRACT TYPE: 

Monthly Recurring Services

A Single Project is defined as an “on-demand” Multimedia Content Production that will occur on a single date or multi-day shoot. At its conclusion, Customer will be presented with a Final Content Delivery that will be available for NON-Exclusive Commercial or Editorial Use. Single Projects may lead into Monthly Recurring Services. If Customer wishes to engage recurring services, those must be separately discussed and agreed upon in a Monthly Recurring Services Agreement Contract.

A Monthly Recurring Services Agreement Contract is defined as: “Ongoing SEO Content Strategy, Live Media Coaching Sessions, RAW Multimedia Content Ideation & Production, Included Multimedia Commercial Licensing, Multimedia Editing & Online Posting.” These Multimedia Production Services & SEO Consultation will continue automatically every month from the date of Contract’s inception until it is terminated or amended by either party, Customer or Dan Smarg Photography (hereby referred to as, “Photographer”).

Agreement Activation Date

This Service Agreement Contract is mutually signed by both “Customer” | “Collaborator” and “Photographer” on:

December 15, 2024

DAN SMARG PHOTOGRAPHY CUSTOMER | COLLABORATOR

Vacay Whitefish

of or represented by:

Matt Bashara

Requests DAN SMARG PHOTOGRAPHY (Dan Smarg / Photographer) or Subsequently Appointed Proxy Service Provider to Complete or Execute…

Monthly Recurring SEO Strategy & Content Optimization

DESCRIPTION OF PRODUCTS & SERVICES

Grow Vacay Whitefish to the #1 SERP Ranking in Whitefish STR Searches!

On this date and time, below, Dan Smarg, (“Photographer”) owner of DAN SMARG PHOTOGRAPHY or a subsequently named proxy Service Provider operating under the terms of this Agreement will arrive at a location of the Customer’s choice to provide the Multimedia Content Creation and/or SEO Strategy Services described:  

Month-To-Month

Beginning December 15, 2024

SHOOT DATE SCHEDULING & ALTERATIONS 

Photographer and Customer agree to collaboratively produce content on the date listed above.

Unless otherwise requested by Customer, Customer hereby agrees to allow Photographer to make any and all arrangements to produce Multimedia Content per the terms of this Agreement. Subject to at least three (3) business days approval, Photographer and Customer may request a change to the agreed-upon schedule without any formal amendment to this Services Agreement. Any changes should be documented via email or SMS text message to ensure the new Shoot Date is mutually recognized and approved. 

If further material changes such as desired content or overall scope of the shoot changes, a new Service Agreement must be drafted and approved by both Customer and Photographer to ensure mutually desired terms are properly documented and satisfied. 

SHOOT CANCELLATION POLICY

A minimum of three (3) Business Days notice is required for full cancellation of this Multimedia Content Production Date by Customer or Photographer to allow for ample REscheduling.  

Photographer and Customer must agree upon Shoot Cancellation in writing via email or SMS text so both parties are sufficiently notified. Any cancellation made by Customer less than three (3) Business Days prior to Shoot Date will result in a full, NON-refundable retention of the Shoot Deposit. Any cancellation made by Photographer less than three (3) Business Days prior to Shoot Date will result in the forfeiture of full Deposit Fee. However, if the cancellation is initiated and documented in a timely manner, all Deposit Fees shall be fully refunded to Customer.

Should rescheduling dates and times be required, those shall be proposed by BOTH Parties to facilitate the process to find a suitable alternative opportunity to fulfill the terms of this Services Agreement. For Ongoing Monthly Services, these dates and times will vary and shall be booked on a “rolling” basis.

Any additional costs incurred, refunds or remuneration related to Pre-Production such as rental equipment, talent acquisition or crew hiring shall also be fully reimbursed to Photographer or Customer no later than thirty (30) business days from the date of cancellation. If any additional time is required by either party to secure refund amounts, it must be done so in writing with a clear stipulation of when such funds will be disbursed.  

PROPOSED SERVICE LOCATION | CITY

Greater Flathead Valley, Montana Service Area

Customer agrees to notify Photographer of preferred Shoot Location prior to issuing this Service Agreement. If the proposed location changes prior to the Shoot Date, Customer agrees to notify Photographer no later than three (3) business days prior to Shoot Date. Compensation for Travel Time, Mileage and Overnight Accommodations may apply.

MULTIMEDIA CONTENT PRODUCTION SERVICES & FEES

CONTENT, SEO STRATEGY & GENERAL CREATIVE SERVICES FEES 

To engage Photographer to produce original commercial or editorial Multimedia Content on the specific Shoot Date listed above, OR in an ongoing monthly capacity, New Customers agree to pay a 50% Deposit of the “Total Creative Fee” listed below. If the estimated Production Budget does not mandate a Deposit, Photographer may also waive Deposit Fees at his discretion.

When the shoot is completed and content ready to be delivered in the form of a Final Content Delivery (defined BELOW), the Service Deposit Fee will be applied to the total sum owed (Noted below as: “Total Creative Fee”) and submitted to Customer via a Final Invoice Statement outlining all Services and Multimedia Content produced and furnished to Customer.

Only the remaining balance for Creative Fee and any Commercial Licensing Fees are due upon Final Content Delivery.  

SERVICES PRICING | PRODUCTION COSTS 

Pricing on all Services is based on minimum production costs and may include a minimum Deposit for booking/scheduling. Unless otherwise requested or invoiced, Customer is responsible for compensating Photographer for all Services rendered to execute this Services Agreement regardless of any “posted” or “listed pricing” online or otherwise. Therefore, it is the responsibility of the Photographer to discuss all Production parameters with Customer prior to signing this Services Agreement and to clearly stipulate any additional fees for Services hereby rendered prior to signing.  

Ancillary production costs (Example: Special Locations, Props, Talent, Vehicles etc.), and miscellaneous considerations or applicable fees with relation to the photoshoot/content creation must be paid in full by Customer.  

All Services purchased online will be applied as an equal value credit to Customer’s final billing statement. Final Service Fees may vary depending on optional considerations such as Stylist, Hair/Make-Up, Catering, Equipment Rental, Transportation, Location Insurance Fees etc.  

Upon initial consultation, Photographer and/or Customer will provide this Services Agreement and an itemized invoice including all additional production considerations pending mutual approval a minimum of three (3) business days prior to Shoot Date.  

Upon Customer’s payment of deposit and signed approval of this Services Agreement, this Agreement and any additional costs related to the production will be binding.  

MISC. ADDITIONAL PRODUCTION COSTS 

All Services pricing given verbally or listed online are based on minimum or estimated production costs. However, all Productions are entirely subjective and therefore subject to additional creative fees.  

Final or Additional Service Fees may vary depending on optional considerations such as additional Crew, Stylist, Hair/Make-Up, Catering, Equipment Rental, Transportation, Location Insurance Fees etc. Photographer specializes in custom-content creation and brand engagement technology, but may provide additional production needs as requested. All Services must be mutually agreed upon a minimum of three (3) business days prior to Shoot Date.  

Upon initial consultation, Photographer will determine what Customer’s content creation needs are then provide an addendum to this Services Agreement if any creative aspects evolve or substantially change. In such cases, a comprehensive itemized invoice will be submitted including all Additional Production Considerations pending Customer’s approval before Shoot Date is scheduled. 

Total Proposed Single Project or Monthly Recurring Creative Fee:

$3,000.00 USD

“Total Proposed Project or Monthly Recurring Creative Fee” represents the full amount due for a Single Project OR Monthly Recurring Contract for creative production services excluding Commercial Licensing and any additional Pre-Production or Post-Production costs incurred. 

Specifically for Monthly Recurring Multimedia Content Production Service Agreements, Photographer may, at his discretion, waive Deposit Fees, Licensing Fees or any other Ancillary Fees per Production parameters. However, both parties hereby agree that those fees are likely to be discussed as separate elements of Production prior to the issuing of this Services Agreement and subsequently combined to simplify and facilitate this Services Agreement.

Total Collaboration Commission Fee(s):

0%

Paid By:

N/A

Paid To:

N/A

NON-Monetary or LICENSING-ONLY Services Agreements: Total Collaboration Commission Fee(s) are to be determined for Service Agreements designed to mutually promote BOTH Parties. Defined in greater detail below, these Contracts are typically reserved for POTENTIAL Customers or for Entities that Photographer has approached on a “speculative basis” for the purposes of business development.

Commercial Customers: Defined as Customers who will directly benefit in a commercial or strictly / partially FOR-PROFIT way as a result of utilizing Multimedia Content or SEO Strategy Services. If Customer is a “Paying Customer.” While the elements of a collaborative or commission-based Service Agreement may also occur, they are not the principle for of consideration or compensation that will validate this Servies Agreement and can therefore be disregarded as “$0” for Collaboration Commission Fee(s). 

Commission Fees are designed to benefit BOTH Parties until such time that this Services Agreement is either amended or terminated. Additionally, Collaboration Commission Fees are designed to promote Direct-Referral Compensation to either or both party(ies) - Photographer, Dan Smarg Photography, or to Customer, Company, Collaborator or Third Party Legal Entity. 

Commission Fees are determined via prior verbal agreement between interested parties and secured by the signing of this Services Agreement. Total Commission Fees to be paid by either party are based on the above-state percentage of the Gross / Face-Value Services, Product Sale or “Experience” rendered by either entity.

Production Security Deposit Fee:

Already Paid on August 27, 2024

Deposit is applied towards Total Creative Fee. Remaining Balance of Creative Fee due upon final Content Delivery. Full Deposit must be submitted a minimum of three (3) business days prior to Shoot Date to activate this Service Agreement Contract and ensure Multimedia Content is produced in a timely manner. 

COMMERCIAL MULTIMEDIA CONTENT LICENSING

FEES & EXCLUSIVE CONTENT RIGHTS

It is entirely the Customer’s responsibility to review any and all available Commercial Licensing laws, protocols, best practices and any applicable use-cases. Dan Smarg Photography is not responsible for Customers “alleged” confusion or lack of understanding and fully intends to hold Customer responsible for any material breach of U.S. Copyright Law or Terms of this Services Agreement.

However, it is NOT Dan Smarg Photography’s intension to mislead or influence Customer’s use of any Multimedia Content. Both parties are voluntarily entering into this Agreement to increase Customer’s profits and business growth. As a result, Photographer and will make every effort to inform Customer or offer sufficient explanation for questions Customer may have.

If Customer intends to use any Multimedia Content created by Photographer or its proxy Providers for Commercial (FOR-PROFIT) Use, Commercial Content & Intellectual Property Licensing Fees are required by U.S. Copyright Law.

All Commercial-use of Multimedia Content is the EXCLUSIVE Right of Dan Smarg Photography. All Customer or Third-Party usage must be stipulated and licensed under the terms of this or another Service Agreement. Any NON-authorized commercial, editorial or “personal” use or distribution is strictly prohibited outside the Terms of this Service Agreement. 

Customer hereby agrees to complete the Multimedia Permissions Form discovery process if requested by Dan Smarg Photography at any time, before, during and after any Multimedia Content delivery under the terms of this Services Agreement.

Customer hereby acknowledges and agrees to abide by U.S. Copyright Law. For Single Project Multimedia Content, Dan Smarg Photography / Photographer shall submit a Multimedia Permissions Form to further outline the associated costs of licensing the Multimedia Content for commercial-use to Customer. For Monthly Recurring Services Contracts, all Commercial-Use rights are included for the duration of the contract. If this Service Agreement is terminated by either Party, Customer agrees to complete a Multimedia Permissions Form to clealry outline the intended ongoing use of any and all Multimedia Content or SEO Strategy furnished by Photographer under the Terms of this Services Agreement. 

EXCLUSIVE-Use Rights may be requested by Customer and considered by Photographer, but are not implied nor required to be issued. Pending a separate and specific Exclusive Rights licensing negotiation, dissemination and distribution discovery process, as well as an independent review of and for a contract for such Exclusive Commercial-Use Rights, no such Exclusive rights are hereby implied nor granted. All Exclusive Commercial Content Rights are retained by Dan Smarg Photography / Photographer unless otherwise stipulated under adherence to and protection of U.S. Copyright Law.

In addition to the Terms of this Service Agreement, Customer agrees to complete, submit and comply with all terms stipulated within the Dan Smarg Photography Commercial Licensing Agreement if specifically requested. The Multimedia Permissions Form and Dan Smarg Photography Commercial Licensing Agreement as well as any associated licensing documents submitted to and digitally signed by Customer are hereby considered Official Addendums and therefore, equally and irrevocably binding under the terms of this Services Agreement.

If Customer does NOT intend to use the Multimedia Content produced under this Service Agreement “For direct or indirect profit, promotion or marketing purposes,” all NON-Exclusive “Personal / Private Use” rights to possess, digitally post or disseminate the Multimedia Content are hereby granted by DAN SMARG PHOTOGRAPHY (Dan Smarg) / Photographer. If Customer has any questions about the intended use of the Multimedia Content, Photographer requests any and all concerns be addressed prior to signing this Service Agreement so all parties are fully complicit and compliant with U.S. Copyright Law. Customer may learn more by reading Photographer’s Licensing Blog Post: “Commercial-Use Multimedia Licensing Explained". Learn more…

If the use of the Multimedia Content produced under this Service Agreement changes in any way or becomes “FOR-PROFIT” / “Commercial” after its Date of Delivery, Customer agrees to notify Photographer in each occurrence in-writing prior to content dissemination and hereafter in-perpetuity. Failure to notify Photographer of commercial use and to secure Commercial-Use Licensing for Multimedia Content may result in a U.S. Copyright infringement lawsuit and or related penalties under such State or Federal Laws.

All Commercial Licensing Fees will be estimated and notated within this Service Agreement. Licensing Fees are subject to change at any time pending a review of for-profit commercial-use. As such, Customer’s ongoing use may require a RE-evaluation of these licensing terms and thus, Photographer, at his own discretion and at any time, may request Customer to RE-submit a new Multimedia Permissions Form as part of the process of re-evaluating commercial usage. Customer hereby agrees to inform Photographer of any changes to usage and also to re-submit said form at any time. 

All totals, including content-use changes or modifications will be assessed and itemized for Single Projects on Customer's Final Invoice and noted below in this Service Agreement. ALL Licensing Fees must be paid in full upon Final Content Delivery.

Total Commercial Licensing Fees are determined by Multimedia Permissions Form discovery process.

Estimated Commercial Licensing Fees:

Included with Monthly Contract 

Single Projects: Multimedia Permissions Form must be submitted PRIOR to initial Multimedia Content Production or Final Delivery and may be amended or revised if necessary upon Final Content Delivery. Licensing Term will remain in-effect throughout the total duration of this Services Agreement.  

Monthly Recurring Ongoing Multimedia Content Production Service Agreement Contract: Multimedia Permissions Form submitted by Customer upon Final Content Delivery AND/OR upon conclusion of 30-Day Service Agreement Termination Period. If Customer wishes to amend or re-negotiate the Terms of this Services Agreement OR does not intend to continue working with Dan Smarg Photography, Customer MUST complete the Multimedia Permissions Form to discover the optimal monthly Commercial Licensing Fees. 

However, if Customer is not inclined to complete the MPF, then a standard, Flat-Rate Commercial Licensing Cap will be assessed for each independent video or individual photo shoot / campaign.

Commercial Licensing Cap:

$250 Per Month for 12 Months

The Commercial Licensing Cap is designed to be used in lieu of previous or quantifiable Growth Metrics including any and all ROI related to Impressions, CTR and Conversions or Sales Metrics.

If Customer does not have sufficient Growth Metrics data to fully complete the Multimedia Permissions Form, Customer may “opt-out.” of completing it. However, by voluntarily opting out, Customer hereby agrees to pay a capped Flat-Rate Monthly Fee of $250 per month / every 30 Days for a 12 month period until such time that Growth Metrics on the Multimedia Content’s performance can be quantified.

At that time, Customer may choose to either terminate the commercial use of the Multimedia Content or reevaluate the Commercial Licensing Fee by submitting a completed Multimedia Permissions Form.

Learn more…

TRAVEL & TRANSPORTATION COSTS

TRAVEL TIME | MILEAGE LIMITS & FEES | OVERNIGHT ACCOMMODATIONS | PARKING | FOOD PER-DIEM

Customer acknowledges that Photographer offers Creative Services within a “reasonable driving distance” in a thirty (30) mile Service Area range of Photographer’s principle place of business: Whitefish, Montana. This Service Area is referred to as: “Greater Flathead Valley, Montana Service Area.”

Photographer may be contracted to work outside the Greater Flathead Valley, Montana Service Area, however additional travel costs and fees may be incurred. Photographer reserves the right to itemize such costs for Customer’s approval and will clearly outline all projected ancillary fees in this Service Agreement.

Photographer agrees to travel to a location of Customer’s choice within the GFV Service Area to provide Creative Production Services in accordance with this Service Agreement. Distance to Shoot Location shall not exceed thirty (30) miles of Service Area without additional time and mileage compensation. If distance to Customer’s required location does exceed the thirty (30) mile Service Area included within the scope of compensation for this Services Agreement, Customer is required to notify and properly compensate Photographer in accordance with Regional and Federal Labor Laws:

A Federal Mileage Fee of “$.67 USD cents per mile driven for business use” will be assessed along with an “Estimated Round-Trip Travel Time” to and from Shoot Location. Customer agrees to compensate Photographer’s ERTTT "round-trip, to-and-from" Production's Location according to Montana State Minimum Wage: $10.30 per hour worked (spent traveling). If Multimedia Production Services take place beyond the borders of the State of Montana, Customer agrees to pay the standard minimum wage in the state where services are rendered. All such fees are subject to approval by both Dan Smarg Photography and Customer, but Customer hereby acknowledges that Photographer will submit a Services Estimate / Multimedia Production Proposal consummate with any and all reasonable considerations herewith.

If Shoot Location or the nature of the Creative Services provided by Photographer require Overnight Accommodation or Multi-Day Stays, Customer must notify Photographer prior to signing this Services Agreement. If the projected timeline for Production changes, and overnight stay is required, Customer agrees to notify Photographer no later than three (3) business of Shoot Date.

Customer agrees to secure “reasonable and professional” overnight accommodation arrangements for Photographer for the total days/nights required to complete the Production. If Customer is not able to secure or pay for such accommodations in advance of Photographer’s arrival, Photographer must keep a detailed record of any charges directly related to overnight accommodations such as hotel stays or “Resort Service Fees” incurred. No personal expenses incurred by Photographer during such stays shall be reimbursed unless otherwise stipulated by Customer.

Photographer considers catered Productions and any snacks or food provided by Customer as a professional courtesy. However, Customer is not required to provide catered food services “on set.” If Customer requires Photographer to stay on-location for multiple days/overnights, Photographer respectfully requests Customer to allow for a minimum of $30.00 USD Daily Food Stipend to cover basic food costs while executing this Services Agreement.

Any and all costs relating to Travel Time, Mileage, Overnight Accommodations or Daily Food Stipends must be fully documented by Photographer and compensated by Customer. Both parties agree to abide by all “reasonable and professional” estimates of various subjective factors such as weather and road conditions etc. while documenting such costs for invoicing purposes. All totals shall be submitted as detailed line items in Photographer’s Final Invoice to Customer and must be fully paid prior to final Content Delivery.

Airline, Train or Third-Party Taxi Transportation, Overnight Accommodations & Parking Estimate is based on projected costs, but subject to change pending travel variables.

Any and all costs relating to Travel must be fully paid by Customer prior to Multimedia Production in order to cover any and all "out-of-pocket" expenses incurred by Photographer before arrival on location. Any additional travel expenses incurred will be included in Customer's Final Invoice and must be fully paid upon content delivery.

All Estimates & Totals listed below are subject to change and must be approved by both Customer and Photographer prior to concluding Single Project Contracts or continuing ongoing Monthly Multimedia Content Production Services.

Total Mileage Estimate:

Estimated Total Miles outside 30mi Limit:

Included with Monthly Contract 

Total Travel Time Estimate:

Estimated Total Hours outside 30mi Limit:

Included with Monthly Contract 

Total Per-Diem Estimate:

Included with Monthly Contract 

Total OVERALL Travel Related Expenses Estimate:

Included with Monthly Contract 

All Estimates are subject to change at any time and subject to review and approval by BOTH Parties prior to Final Content Delivery and Final Invoice Payment.   

MULTIMEDIA PRODUCTION EQUIPMENT & RENTAL FEES

Unless otherwise stipulated in-writing, ALL Multimedia Content Production Lighting / Grip Gear & Equipment is included to “produce premium, broadcast quality content” in the specified Multimedia Production Service Rate outlined above. Should additional Fees be required, they will be listed BELOW as a “Total Equipment Rental Estimate” fully outlined in the Final Invoice. Customer may request and Photographer agrees to submit an itemized / line-item spreadsheet along with any supporting documentation for review at any time. 

Additional Rental Fees may apply for further customized multimedia content production that exceeds standard production quality criteria. Additional Rental Fees apply for productions on which Photographer is hired in an “Associate Field Producer” capacity, but also requested to capture multimedia content during production.

EXAMPLE: Customer requests an interview of business owner & staff that can easily be captured using natural lighting, but Customer requests that the footage be "professionally lit." Dan Smarg Photography reserves the right to estimate and include additional equipment rental fees for a custom lighting package subject to approval prior to services deposit submission.

Gear Rates: Photographer's Equipment Rental Rates shall be presented to Customer prior to submitting the deposit. All other equipment rental rates are subject to third-party pricing and subject to availability. All rental rates / estimates shall be approved by Customer prior to submitting Deposit.

All Multimedia Production Equipment & Rental Estimates / Totals listed below are subject to change and must be approved by both Customer and Photographer prior to concluding Single Project Contracts or continuing ongoing Monthly Multimedia Content Production Services.

View > Gear Rental Rates

Total Equipment Rental Estimate:

Included with Monthly Contract 

SEO STRATEGY | MARKET ANALYSIS | SHOOT LOCATION SCOUTING | PRE-PRODUCTION | SPECULATIVE CONCEPT IDEATION SHOOTS | ADDITIONAL CREW | PRIOR-TO-SERVICE FEES 

Single Project or Ongoing Monthly SEO Strategy | Market Analysis | Ideation | Concept Design consists of advanced, omni-channel / multi-source market research, media comps or conversion metric analysis, trending media posts or marketing case-study review, and multimedia content conceptualization. For Single Projects Productions, these services are generally assessed and billed on an hourly basis per Montana Minimum Wage: $10.30. Unless otherwise stipulated, these “SEO Strategy Services”  are generally included in all Monthly Recurring Services Contracts.

Scout Location / Pre-Production Fees: May include, but are not limited to any specific ideation or location-based scouting or travel or “Speculative Concept Shoot(s)” that may occur. These “productions” are defined as “Multimedia Content Capture for the purposes of ideating or spec’ing out the proposed Final Content Delivery.” For Monthly Recurring Services Contracts, Photographer reserves the right to assess overages and fees, present them to Customer for review and subsequent supplementary payment over and above the agreed-upon monthly billing fee. 

Customer hereby approves the use of such productions as part of the overall “Creative Process.” Photographer agrees not to engage in or bill for any such speculative content production without the express intent to deliver similar results to Customer as part of the Final Content Delivery. Customer is invited, but not required, to join Photographer on any such Pre Production outings or strategy sessions and to actively participate in the conceptual ideation process.

Additional Crew a.k.a. “Second Shooters, Lighting Technicians, Grip Specialists, Production Assistants” etc may be required to optimize the Multimedia Content Production stipulated in this Services Agreement. If Additional Crew is required or would significantly optimize or facilitate the multiimedia content production process, Photographer will endeavor to notify Customer with enough time to clearly outline why increasing the budget to accommodate for and secure Additional Crew is beneficial. Customer has final right of approval for all such costs.

Prior-To-Service Fees: In addition to the Service Deposit Fee and Multimedia Content Production Creative Fees, Customer hereby agrees to fully compensate Photographer for all Sub-Contractor or Third-Party Crew Booking or Prior-To-Service Fees (such as Content Pre-Production Producing, Location Management Services, Talent Acquisition, Legal Documentation Procedures etc.), prior to the Shoot Date.

If no such fees are incurred, Customer is not required to cover any other Pre-Production | Ideation Costs.

If any Pre-Production costs are incurred after the signing of this Services Agreement, but prior to the Shoot Date, Photographer agrees to fully document those costs and submit them as individual line items in the Final Invoice to Customer prior to Content Delivery. Customer is required to pay any such costs related to the direct production of Multimedia Content under this Services Agreement prior to final Content Delivery.

TOTAL Estimated Pre-Production Fees:

Included with Monthly Contract 

POST-PRODUCTION IMAGE RETOUCHING & MULTIMEDIA CONTENT EDITING FEES

All RAW (UN-edited) Multimedia Content will be furnished upon Customer request or Final Content Delivery for both Single Project or Monthly Recurring Multimedia Content Production Contracts.

Unless otherwise stipulated via this Services Agreement Contract OR via a Customized Multimedia Content Production Service Package that INCLUDES Post-Production in the content deliverables, NO post-production services are hereby offered nor implied for ALL Single Project Service Agreement Contracts.

The Post-Production “Media Mastering” Process is specifically omitted from Single Project-related services because Photographer recognizes that Customer may choose a Third Party or an “internal” Media Manager to handle all processing and distribution of Multimedia Content. This aspect of the overall Production Process is also consciously eliminated from the Total Creative Fee (listed ABOVE) as a way to mitigate the overall “cost of Multimedia Content Production” for Customer. Photographer recognizes this is an “unconventional” approach to Media Delivery, but is nevertheless the elected methodology and preferred modus operendi.

At Customer’s verbal or written REQUEST, Single Project Service Agreements shall include an Estimated Post-Production Fee (Listed BELOW). An initial estimate will be provided prior to production, but final Post-Production Times may vary and are subject to variables such as Customer review and standard editing processes.That fee is subject to change pending total time allocated to reach optimized quality for Final Content Delivery. Also subject to review and approval by both parties, Customer and Photographer.

If Customer requires partial or hollistic Post-Production Services, they are encouraged to REQUEST these services prior to Multimedia Content Production so a nominal “bone fides” fee of intent can be secured along with the Production Deposit. This fee is paid in full prior to Multimedia Content Production because Photographer will spend a nominal number of hours preparing photographic images or video footage for the editing process. This includes, but is not limited to: Media Uploading, Processing, Content Selection, and Rendering Time.

Image Retouching or Multimedia Content Editing Fees are listed on the Services / Payments web-page and subject to change or modification at any time. Initial estimates are presented to Customer prior to Multimedia Content Production. All Final Post-Production “Media Mastering / Editing Fees” are subject to change and shall be presented to Customer via Final Invoice and must be fully paid upon or within five (5) business days of Final Content Delivery.

All Monthly Recurring Multimedia Content Production Agreements GENERALLY INCLUDE all Post-Production Services. Unless otherwise stipulated by addendum to this Service Agreement, Photographer agrees to provide Customer with “ongoing” multimedia content for review and continued posting. This includes, but is not limited to, the requisite “premium broadcast quality productions standards” as deemed by Photographer upon delivery. 

Estimated Post-Production Fees:

Included with Monthly Contract 

TOTAL BALANCE(S) DUE TO ACTIVATE THIS SERVICES CONTRACT

Total Balance Due To Secure Initial or Ongoing Monthly Multimedia Production:

$4,200.00 USD

To bring payments “current” as outlined in Email Communication sent on December 12, 2024

ALL ESTIMATED Multimedia Content Production Deposit Fees + Pre-Production Costs + Post-Production Estimate / Bone Fides Fee

Total Balance Due Upon Final Content Delivery:

$3,000 USD to continue contract every 30 days.

All Remaining / Final Creative Fees + Commercial Licensing Fees + Any Additional Pre-Production Costs + Post-Production Costs may vary.

ALL FINAL Fees & Costs may vary depending on Customer requests or unforeseen production variables. All changes must be made in writing prior to Shoot Date and submitted as line items on Final Invoice prior to Final Content Delivery.

Payment Schedule: All Deposits must be made prior to Multimedia Production. All Final Balances due must be made prior to content delivery and no later than the stipulated time below.

GRAND TOTAL ESTIMATED SERVICES COST:

$3,000 USD to continue contract every 30 days.

Estimated Total of All Creative Fees + Pre & Post Production Fees + Applicable Commercial Licensing Fees

*Final Cost To-Be-Determined & Invoiced upon Final Content Delivery

The Total Estimated Services Cost ( Sum Total of: Creative Fee + Pre & Post Production Fees + Applicable Commercial Licensing Fees etc.) is stated above and shall not be altered unless additional services are requested or rendered. In such a case, an Addendum Services Agreement will be submitted to Customer for written approval prior to Shoot Date or final Content Delivery.  

Customer agrees to pay the total value of all Services rendered: Total Estimated Services Cost ( Sum Total of: Creative Fee + Pre-Production Fees + Applicable Commercial Licensing Fees ). All outstanding balances due upon Multimedia Content Delivery Availability. Content shall not be delivered to Customer until full balance payment is made.

Once notification of pending final content delivery is made in writing by Photographer, Customer has five (5) business days to complete total payment without penalty. A 10% Late-Fee for all Services rendered will be assessed for each additional day any outstanding balances are not paid.  

SINGLE PROJECT OR MONTHLY SERVICE PAYMENTS

ONE-TIME | RECURRING BILLING

Customer agrees to pay Dan Smarg Photography | Photographer the full balance due for single / individual projects / productions via check or electronic ACH transfer upon or within five (5) business days of Final Content Delivery without Late Fee penalty.

For all Monthly Recurring Multimedia Content Production Service Agreement Contracts, Customer hereby agrees to pay Dan Smarg Photography / Photographer on an ongoing 30-Day interval starting with the date of this Service Agreement. Customer may request to pay via TWO separate payments on the 1st and 15th of the 30-Day “month” cycle - beginning with the signing / submission date of this contract. Beyond the initial Deposit Payment, aka “Consideration” paid by Customer to validate, activate and authorize this Services Agreement, payments must be made in-full based on this interval: 

Customer Payment Interval Via

ONE-TIME | 1X MONTHLY PAYMENT

In the case of an ongoing month-to-month Service Agreement, the full monthly balance is due at the end of every 30-Day Period or bi-monthly interval in order to maintain the Service Agreement weather multimedia content is produced or not within that period. (See specific TERMS below). This is intended as an “In Good Faith” payment to be rendered as compensation for ongoing multimedia and SEO strategy, preparation for pre, location-based or post production services rendered or intended to be rendered at a future date. 

For convenience and as a courtesy, it is incumbent upon Customer to determine what amount to pay Photographer and at what interval(s), however, PAYMENT IN FULL is due every thirty (30) days.

LATE PAYMENT PENALTY

Customer hereby agrees to adhere to the Payment Interval stipulated above. If, for any reason, Customer is unable or unwilling to meet payment obligations for Single Project or for Monthly Recurring Services, Customer agrees to notify Photographer in-writing. In-good-faith, Photographer agrees to be “flexible” with Customer’s payment requests and MAY determine a “Grace Period” or “Waiver” can be observed pending review and evaluation of circumstances. If Photographer determines such a delayed payment or waiver of payment or Late Fees is acceptable, Photographer will respond to Customer’s in-writing and clearly stipulate a “Due Date” for a specific outstanding payment balance. Customer hereby agrees to comply with those Terms set forth in such communications, however, any TEMPORARY waiver or reduction in Service Fees or Late Fees does NOT constitute an ongoing addendum to this Service Agreement. It is strictly a one-time OPTIONAL “favor” granted by Photographer - and subject solely to his discretion. 

Late Payment Fees: If Customer fails to pay Photographer after Final Content Delivery for a Single Project or on the agreed-upon monthly interval for a Monthly Recurring Multimedia Content Production Service Agreement Contract, Customer is considered to be “in default / breach of contract” and therefore will be assessed a 10% LATE FEE for every day beyond five (5) business days after the original payment due date (Final Content Delivery).

Example: If Customer owes Photographer $500, then a $50 DAILY Late Fee will be assessed for every day beyond five (5) business days Payment Period.

Total Outstanding Balance Payments: Photographer may choose to cease all Multimedia Production Services until any Outstanding Balance Payment is received. If Outstanding Balance Payment is NOT received within thirty (30) days of the original Final Content Delivery date, this Service Contract is considered “suspended pending review.” Photographer is not obligated to perform additional Services until such a review is made. Customer is immediately required to pay the final 30-Day Termination Period Fee (Outlined BELOW) in addition to any and all Outstanding Balance Fees (including Late Payment Fees).

Customer hereby acknowledges that Late Payment Fees and 30-Day Termination Fees are COMPOUNDING until fully resolved voluntarily, via legal settlement or by District Court Order.

    MULTIMEDIA CONTENT PRODUCTION & DELIVERY

PERFORMANCE OF SERVICES & FINAL CONTENT DELIVERABLES

1. “Multimedia Production Quality:” Photographer hereby agress to adhere to professional, premium broadcast television standards for any and all Multimedia Content produced under the Terms of this Service Agreement. Photographer may, at his sole discretion, determine the “best” or “optimal” means or forms of content capture. The resolution, lighting, frame-rate, image composition and ALL other Creative Aspects of Production are wholly the responsibility and under the control of the Photographer. Customer is encouraged to provide active input and to participate in the Production Process, making suggestionso or specific content-capture requests, however, Customer hereby agrees to allow Photographer to make the "final decision” about how to actually capture any and all Multimedia Content under the Terms of this Service Agreement. 

2. Individual or Monthly Recurring Multimedia Production Requests | Assignments | Projects: Customer may request or notify Photographer in writing of Multimedia Production Assignments, Projects or any Production or Marketing “needs / objectives.” If none are stipulated, Photographer will endeavor to propose specific SEO-Optimizing Multimedia Content to be produced. Customer will agree to or amend any such recommendations and make final approval in-writing for any Productions. 

3. Multimedia Production Scheduling: Photographer requests to handle all Multimedia Production preparations and scheduling to streamline the Production Process. Customer may make specific requests about timing, location, etc, but is asked to allow Photographer to make all final arrangements and handle all official communications in an effort to properly align all the “moving parts” without Customer involvement or interference. This is simply to “keep it simple” so there are no miscommunications or expectations set, implied or discussed that Photographer is not aware of first-hand. That way “everyone is on the same page” prior to and after all Productions.

4. Final Content Delivery Deadline | Estimated Delivery Dates & Rolling Content Delivery Schedule for Monthly Recurring Contracts: If Customer requests Photographer to deliver Multimedia Content by a specific date for a product release or ad campaign, for example, Photographer will endeavor to accommodate Customer’s request. Pending review and approval, Photographer may voluntarily elect to deliver all content to Customer by a specific date. Otherwise, Customer can expect Photographer to submit a Final Content Delivery “as soon as possible” pending Photographer’s schedule and availability via an “Estimated Delivery Date.” Photographer is not required to deliver content prior to any estimated date. However, Photographer will endeavor to do so or notify Customer of any potential delays. Alternatively, Customer may request Expedited Rush Delivery Services (Outlined BELOW) for a Rush Delivery Fee. For ALL Monthly Recurring Multimedia Content Production Services Agreement Contracts, Customer hereby agrees to a “rolling content delivery schedule.” Due to the nature of “ongoing” monthly contracts, no specific deadlines for Final Content Delivery are hereby implied nor projected. If Customer has a specific Content Delivery deadline that must be met for a product launch or digital ad campaign, for example, Customer may notify Photographer of the desired delivery date and Photographer will endeavor to accommodate pending review. Expedited Rush Delivery Fees may still apply. 

5. Expedited Rush Delivery Services: Customer hereby acknowledges that any Single Project or Monthly Recurring Multimedia Content Production Services Agreement Contracts does not mean that Photographer “works for” or is exclusively contracted to service Customer’s multimedia production requests. Photographer’s schedule may vary and Customer is requested to respect that. If Customer ever needs Final Content Delivery by a specific date or time that was not previously stipulated in writing or verbally, Customer may request an Expedited Rush Delivery that will be reviewed and potential fees assessed. Subject to approval by both parties, Customer and Photographer. Photographer will always endeavor to accommodate Customer’s request(s) without assessing fees. 

6. Multimedia Content Asset Volume: Due to the subjective nature of single production OR ongoing / recurring monthly Service Agreements, pending schedules, varying production requirements, delays, budgetary constraints etc, NO SPECIFIC VOLUME of multimedia assets or delivery is hereby implied nor granted. At his sole discretion, Photographer determines the total volume of multimedia content to be delivered to Customer consummate with the terms and budget outlined in this Service Agreement. Regardless of the total volume of content Photographer produces and delivers, Customer agrees to pay Photographer for single project content OR continued content delivery via monthly payments every thirty (30) days. If Customer wishes to “increase” the volume of multimedia content produced, a written request must be issued to Photographer. If Photographer deems that additional Multimedia Content will exceed the value of current payments received, Photographer may request to temporarily or permanently amend Monthly Services Contract to increase overall production budget. (See Addendums & Amendments BELOW…)

7. Customer’s Right To A Timely Delivery: Photographer agrees to complete the production of Customer’s Multimedia Content in a timely and professional, “premium broadcast quality” manner as well as provide Customer with the following unless otherwise stipulated. Similarly, Photographer will endeavor to deliver Multimedia Content in a “timely” manner, but reserves the right to deliver it up to the full extent of the allotted twenty (20) business day delivery period. 

8. Optional Use of Sub-Contractors: Due to the potential for scheduling conflicts, Photographer agrees to personally perform or sub-contract or, if deemed necessary and approved by Customer, refer one of its professional affiliate Digital Content Producers (hereby also referred to as “Photographer(s)” for the purposes of this agreement) to capture premium, broadcast quality digital photographs/digital content as per the Terms of this Service Agreement, allowing for independent artistic expression and professional discretion to achieve Customer’s commercial or curated content objectives. Any Third Party / Proxy Producer will operate as a Sub-Contractor to Dan Smarg Photography and is therefore also responsible for operating under the Terms of this Service Agreement. 

9. Production Assistants: Photographer requests Customer to appoint or provide “Production Assistants” wherever possible to facilitate and expedite the overall Production Process. This is not required, however, in Customer’s best interest, to provide assistants who are responsible for helping Photographer accomplish all Production Objectives. For particularly complicated or lengthly Productions, Photographer may request Customer to increase the budget or outright pay for more qualified or professionally / technically trained Assistants to help with Production. Customer is not obligated to approve additional funds to sub-contract those Assistants, however, Photographer highly recommends it because it ultimately serves Customer’s “bottom line.”

10. Content Capture Means: Photographer will use professional digital content capture skills and equipment as well as post-production management knowledge to produce exceptional quality multimedia content for Customer.  Customer may review Photographer’s Gear List…

11. Rental Equipment | Additional Crew: As stated above, any specialized equipment or additional crew members required to reasonably and professionally capture Customer’s desired content may be rented or retained at the Customer’s request and in the legal name of the Customer or Company. Photographer may also assist in crew hiring or rental equipment reservations, pick-up or drop-off, however, Customer or Customer’s Legal Entity is solely responsible for any additional costs for crew or rental equipment etc. even if sub-contracted by Dan Smarg Photography. 

12. Preview Content & Total Content Deliverables: If requested, Photographer will provide Customer with an optional maximum upload of three [3] RAW preview images or screen-grabs from RAW video content immediately upon capture for promotional-use or quality review. Customer will receive the top 5% of RAW selects of the total photos captured (Example: 50/1000 Images) or a specific video with a duration clearly stipulated in this Services Agreement via secure FTP server link within one [1] to twenty [20] Business Days of the scheduled photo shoot depending on total Photo or Digital Video Mastering / Editing required. Rush Delivery Services and Rush Fees may apply. More images / digital content may be requested by Customer if desired. Final Deliverables are stated above under the “Services Provided” section above or “Custom Services” section below. Any additional requests subject to Photographer approval given timing and budgetary considerations.  

13. Additional Creative Stipulations / Content Requests or “Custom Services” such as Rush Delivery Services: Any additional creative stipulations or content capture requests by Customer must be provided in writing a minimum of three (3) business days prior to Shoot Date to allow for any additional pre-production, rental service or other arrangements to be efficiently executed per Customer’s specifications. Any “last minute” changes or requests by Customer will be considered and executed to the best of Photographer’s ability, but no guarantees are hereby implied or promised.

14. Final Content Delivery: Customer must clearly stipulate the final form, volume and length of the Multimedia Content to be produced a minimum of three (3) business days prior to Shoot Date to allow for sufficient Pre-Production and/or budgetary considerations / alterations. This allows Photographer to properly determine total Creative Fee. Any changes made to Multimedia Content outlines after the signing of this Services Agreement must be made in writing and an Addendum to this agreement issued and signed a minimum of three (3) business days prior to projected or proposed Shoot Date.

15. Ongoing / Monthly Multimedia Content Service Agreement Content Delivery: Due to the nature of “ongoing” Content Creation & Delivery Services including, but not limited to: SEO Content Strategy, Media Coaching Sessions, RAW Multimedia Content Production, Multimedia Commercial Licensing, Multimedia Editing & Posting, Photographer is not obligated to deliver a “specific” volume or “limit” of Multimedia Content to Customer. Rather, the Services Agreement automatically renews every 30 days on an “in-good-faith” basis until such time that either Party determines to terminate this Service Agreement. Terms of Service Agreement Termination outlined below.

16. Production Progress Reports: After each Production, Photographer will endeavor to inform or update Customer of what content was captured and how the overall Production “went.” Think of this as an “After-Action Report” in which Photographer will brief Customer on all notable aspects of any given Production. This is not a requirement, but int he interest of all Parties, Photographer will endeavor to furnish these details upon request for a Single Project or “regularly” for all Monthly Recurring Multimedia Production Contracts.

17. Customer Feedback & Production Notes”: Photographer requests Customer feedback and specific “Production Notes” on every Production. Customer may choose to provide these notes verbally if they are simple or, if they include specific alterations or RE-shoot requests, in-writing so Photographer can clearly understand and make arrangements to satisfy Customer requirements to the best of his ability. 

18. FULL RE-Shoot Requests: Photographer does NOT offer “FREE” RE-shoots. Specifically, Customer may request a reshoot if he is “completely dissatisfied” with the results of the Final Content Delivery. In such a case, Photographer hereby agrees to take Customer’s feedback into consideration, but is not obligated to re-shoot any Multimedia Content without compensation. However, after review, Photographer may determine that it is in the best interest of the ongoing or future working relationship with Customer that such a re-shoot or partial re-shoot may be granted to satisfy Customer requirements / requests. BOTH Parties hereby acknowledge that the PRE-Production Process is clearly outlined in this Service Agreement specifically to avoid such circumstances. And while extremely rare, Photographer shall not “rule them out.” However, Customer hereby agrees to fully outline all Multimedia Production requirements and requests as clealry as possible PRIOR to Production to avoid any miscommunications that might lead to a need for a total re-shoot. If Photographer determines a re-shoot is mandated without compensation due to gross miscarriage of Production duties or unforeseen circumstances that lead to the breakdown of the professional Production Process, Photographer reserves the right to VOLUNTARILY re-shoot all or part of the previously requested Multimedia Material / Assets. However, if Photographer deems that the re-shoot is predicated on a lack of or unclear communication on the Customer’s part - or any other circumstances beyond his control - Photographer reserves the right to either deny Customer a re-shoot request or to issue a Re-Shoot Invoice for Customer approval PRIOR to any additional production or “re-shoot” production.

19. Customer “Satisfaction Guarantee:” As previously stated under the Quality Control Section, Photographer endeavors to always adhere to professional, premium broadcast quality standards for all Multimedia Content captured. As such Customer’s subjective “Satisfaction” is “Guaranteed” in-so-far as it is predicated upon Customer’s “trust” in Photographer’s ability, both technical and creative, to capture the best SEO-Optimized Multimedia Content possible to advance Customer’s marketing or business growth strategy. Photographer is hereby NOT obligated no is subject to Customer “review” on this basis. Any egregious malfeasance in this regard shall be documented and Customer may reserve the right to engage a Third Party to evaluate the “quality” if so desired.

20. NON-Exclusive Commercial Content Use: All NON-Exclusive Commercial Licensing for content-use is hereby included in all multimedia forms in-perpetuity unless otherwise stipulated and agreed upon under the Dan Smarg Photography Commercial Licensing Agreement. If no Commercial Licensing Agreement is signed in addition to this Service Agreement, the NON-EXCLUSIVE commercial-use of any and all content produced in execution of this Services Agreement is hereby implied and therefore granted. However, if Customer intends to use the content captured for “continued profit” (eCommerce Products, Ongoing Services etc.) or commercial promotion in local, regional or national distribution, all commercial content-use must be discussed and stipulated in writing via a Commercial Licensing Agreement (CLA). That CLA must be signed a minimum of three (3) business days prior to Shoot Date. If a CLA is mandated, Customer will be asked to review and complete a Commercial Content Licensing “Media Permissions” Form here: Commercial Licensing Explained The CLA is intended as a supplemental corollary agreement to this Service Agreement. As such, all licensing arrangements agreed upon within the context and constraints of that CLA supersede the “Non-Exclusive Content-Use” implied and granted by this Service Agreement alone.  Note: Licensing may seem “overly complicated,” but Photographer will make the use of your multimedia content within the context of your stated use very simple to understand. If you have any licensing questions, please don’t hesitate to ask!  

21. All EXCLUSIVE Rights to Multimedia Content retained by Photographer in-perpetuity in accordance with U.S. Copyright Law unless otherwise stipulated or contractually released.

    MULTIMEDIA CONTENT PRODUCTION ADDENDUMS & ELABORATIONS

    PHOTOGRAPHER’S PROFESSIONAL CREATIVE RESPONSIBILITY 

     

    Photographer’s Professional Creative Responsibility: Photographer agrees to photograph Customer or Customer’s Products and/or desired Subjects according to Customer’s creative stipulations within reasonable consideration of the described Photo Services. Due to the “Subjective Nature” and “Artistic Process” of producing Multimedia Content Production and Final Content Delivery, Photographer is NOT required to deliver any specific multimedia content beyond what is required to “Arrive at…” the “Final Content Delivery.”

    Photographer’s Creative Style:  Photographer has a very specific and in some cases “proprietary” professional process based on decades producing broadcast television and digital marketing content with major national brands and coaching Hollywood celebrities. Customer hereby acknowledges this experience-base and also agree to fully “respect” Photographer’s “Talent,” “Creative Ability” and overall “Professional Acumen.” Therefore, Customer also agrees to defer to Photographer’s “Judgment” and “Experience” as it pertains to producing high quality “Content that sells!” 

    Media Quality: Photographer also agrees to capture all content to the best of his or her ability within the prescribed time allotted. If the shoot extends beyond said time allotment, Photographer must endeavor to complete the shoot as quickly as possible to achieve Customer’s complete satisfaction as soon as possible.  

    SATISFACTION GUARANTEE  

     

    Customer satisfaction is Photographer’s top priority while producing RAW (unedited) multimedia content.  

    If for some reasonable and professional reason, Customer is NOT satisfied with the Photographer’s craftsmanship, images or content creation ability, Customer may request a re-shoot in lieu of a full or partial refund. However, Photographer reserves the right to consider and investigate all claims for re-shoots and refunds, but is only contractually obligated to execute re-shoots or issue refunds at his or her own professional discretion.  

    In every case, DAN SMARG PHOTOGRAPHY (Dan Smarg) and/or Photographer shall endeavor to propose the best alternative options before issuing a full refund for quality considerations. Customer agrees to thoroughly and reasonably consider all Satisfaction Guarantee alternatives and to agree to pursue the most reasonable course of action to achieve the desired creative results prior to simply demanding a full refund.  

    Therefore, it is incumbent upon the Customer and the Photographer to coordinate their creative and Production efforts to produce the highest quality content possible. Photographer is experienced to work in close conjunction with Customer to achieve the best creative results. Similarly, the Customer must provide clear direction and make suggestions, including creative collateral or comps, about the quality of the content prior to or during the photoshoot/content creation process.  

    As a result, no refund requests should come as a “surprise” to either the Photographer or Customer. Thank you for your understanding. We’re doing great work here, people!  

      

    MULTIMEDIA CONTENT REVISIONS  

     

    Photographer agrees to provide Customer with premium quality, fully edited (aka “Mastered”) content.

    However, if Customer is NOT satisfied with the results, as a professional courtesy, Photographer is hereby required to provide one (1) round of “reasonable revisions.” This includes, but is not limited to, any revisions that are required to reasonably satisfy Customer’s creative objectives.  If Customer requests further changes that exceed “reasonable” revision or enter into a whole new scope of post-production, Photographer may request Customer to purchase additional “Photo Mastering or Video Editing Services” on a pro-rated or hourly basis.  

    Fees may vary depending on Customer request.   

      

    TIME ALLOTTED & OVERTIME FEES 

     

    In the interest of all parties to expedite production and keep overall costs to a minimum, Photo / Content Services are offered with a projected time limit. Please bear in mind that this time limit (Example: “Half Day Shoot” Rate) is intended as an initial guideline for budget purposes and is based on the Photographer’s years of professional production experience. All timelines are designed to maximize Content Deliverables, but also maintain a strict adherence to Customer budget. However, production timelines are subject to change with the following considerations and stipulations:  

    Both the Customer and Photographer are requested to adhere to the initially agreed-upon time limitations. Example: Photographer agrees to adhere to a “Half-Day Shoot Schedule” and not extend to a Full-Day unless previously agreed upon by Customer. And Customer agrees not to “expect” Photographer to render additional services or offer extended production times without proper consideration or monetary compensation.  Therefore, if it is determined by both parties that additional time is needed to complete the shoot, Customer and Photographer may mutually decide to continue via verbal or via written (email etc.) stipulations. In other words, we will get you everything you need and are happy to go the extra mile, but please be considerate of the time and resources required to produce exceptional content! 

    If Customer determines more time is necessary, Photographer will maintain an accurate record of what additional time is used to complete the shoot. Both parties must respectfully acknowledge that a significant period (over an hour) of additional time required to complete a shoot implies that the Customer will pay an extra fee of 20% the initial value of the initial Creative Fee (stated above) per additional hour in production. (Example: $100 per hour of over-time on a $500 Creative Fee for a Half-Day Shoot) 

     
     

    FINAL CONTENT DELIVERABLES & ADDITIONAL POST-PRODUCTION PROCESSING

    Included with Creative Fee, Photographer agrees to submit every fully mastered image or fully edited video Customer specifically requests via this Services Agreement. Therefore, all Post-Production required to deliver Customer’s content must also be discussed and agreed upon in this Services Agreement prior to Shoot Date. Any and all additional Post-Production Services rendered are subject to the “Time Allotted & Overtime Fees” clause pending approval by both parties. Generally speaking, all Post-Production and multimedia processing for premium quality standards is included with the original Creative Fee.

    However, if Customer requires additional “improvements” to Multimedia Content, any additional time or resources to achieve premium quality results are subject to invoicing and Customer approval prior to execution by Photographer. (Example: Customer asked for a 30-Second 4K Video edit of a commercial, but decides a 3-Minute Promo is a better way to market. Adding 2.5 minutes to the final edit will require Additional Post-Production Processing Services.) 

    All additional photos/content (I.E. anything not specifically stipulated in this agreement such as RAW images or RAW video files) are, by default, provided to Customer upon request, in 100% RAW (unedited) form.  If additional content is requested, Customer may book additional mastering services. Pro-Rated fees may apply. Please inquire at the time of your request and Photographer will accommodate your needs within your proposed budget.  

    As stipulated above, Ongoing / Monthly Multimedia Content Service Agreement Content Delivery: Due to the nature of “ongoing” Content Creation & Delivery Services including, but not limited to: SEO Content Strategy, Media Coaching Sessions, RAW Multimedia Content Production, Multimedia Commercial Licensing, Multimedia Editing & Posting, Photographer is not obligated to deliver a “specific” volume or “limit” of Multimedia Content to Customer. Rather, the Services Agreement automatically renews every 30 days on an “in-good-faith” basis until such time that either Party determines to terminate this Service Agreement. Terms of Service Agreement Termination outlined below.

“FREE” MULTIMEDIA PRODUCTION & MUTUAL PROMOTIONAL COLLABORATIONS

Photographer may decide to collaborate with a “Customer” on a NON-monetary or “Speculative” basis to either form the foundation of a paid engagement OR to mutually benefit from an ongoing promotional engagement.

Multimedia & Promotional Services Collaborations may take several forms, either provided to Customer / Collaborator / Legal Entity by Dan Smarg Photography or rendered by the aforementioned to Dan Smarg Photography in another form. Collaborations and Promotions may also include, but are not not limited to, Multimedia Production, on-site live or digital Service such as a “Live Experience,” Photography Tour / Photo Shoot, Master Class Instructional, Real Estate Promotion etc.

“In-Good-Faith” Reciprocity: Both parties hereby agree to act in each others’ benefit for the financial gain and promotion of each others’ separate business entity. Therefore, for the purposes of this Services Agreement, Dan Smarg Photography will conduct business professionally and to its full capability “in-good-faith” with any and all Collaborators as if they are Direct-Booking (paying) Customers or Legal Entities. Likewise, Customer, Collaborator or Legal Entity agrees to do the same.

In each individual case of Collaboration or direct referral for services, Total Collaboration Commission Fee(s) shall be determined verbally then, clearly outlined within this Services Agreement prior to engaging into in any active or ongoing Collaboration for Commission Fees. These Collaboration Fees will be a part of the this overall “Services Agreement” with a few specific stipulations: 

Multimedia or Direct Referral “Services Rendered:” For the benefit of the voluntary Collaboration of both parties within the terms of this Agreement, any and all Multimedia or Direct-Referrals that result in monetary gain of any shape or form, via direct payment or otherwise, are hereby considered to be “Services Rendered” to the other party. Therefore, both parties agree to fairly and fully compensate each other via “Commission Fee” (stated above based on a nominal percentage value of the total Services Rendered). These services include Multimedia Services or “Short-Term Rental Services” or any other form of promotional or “booking” based services. 

Defined Direct-Referral Services Rendered: If either party “refers business” either directly via verbal, phone or digital means to the other party and that referral results in monetary gain, the beneficiary of that income hereby agrees to fairly and fully compensate the referring party according to the terms of the this Agreement.

Defined Direct-Booking Services Rendered: During the course of an ongoing Collaboration, Customer, Collaborator or Legal Entity may determine it wants Dan Smarg Photography to perform specific Multimedia Content Production Services. Those services and multimedia shall be provided under a separate Services Agreement that clealry stipulates the terms of that separate Agreement. Under no circumstances will either party imply or otherwise “Engage” the services of the other without first entering into a Direct-Booking Services Agreement.

Free-Market | Third-Party Referral Origin: Some referrals generated or procured by either party may originate from a third-party legal entity or individual. Both parties hereby represent that they themselves are fully independent legal business entities and are within their rights to operate as autonomous businesses. Therefore, any referral that may or may not “come from” a third-party source is not attributable nor credited to that source. This Agreement is solely between the signatories of this digital document and does not imply or involve any third-party affiliation regardless of origin or incorporation status. Both parties further acknowledge that they do not represent a third-party entity that is not listed or signed in this Agreement. All referrals and business conducted between parties in this Agreement is 100% voluntary within the laws of the United States’ free-market economy. 

Voluntary Collaboration for “Financial Gain:” Both parties voluntarily agree to financially gain from the direct-referrals or direct-bookings that result in accordance with the terms set forth in this Agreement. It is neither implied nor granted that either party shall “unilaterally benefit” from the active promotional efforts of the other party; specifically that both parties shall benefit “equally” in an ongoing, good-faith capacity for the full term of this Agreement. 

Commissions to be Paid to Customer, Collaborator, Legal Business Entity: For all “Collaborative Referrals & Services” rendered, legal “consideration” to validate this Agreement in the form of monetary or multimedia compensation (or combination thereof) must be provided and submitted according to the timelines in this Agreement. Unless specifically waived or forfeited, all forms of compensation must fully documented: Any ACH Bank Transaction or Third-Party Transfer (Paypal, Venmo, Zelle etc) or cash/check payment must be sufficiently invoiced and considered as “Business Income” for both parties’ financial records and tax statements.

If Customer, Collaborator, Legal Business Entity facilitates or directly enables Multimedia Production Services, Live Media-based “Experiences,” or any other kind of Services such as services involving multimedia production for proprietary, commercial or professional promotion, physical product placements or advertisement with Social Media Influencers, local businesses etc. as a result of efforts made to specifically drive sales to Dan Smarg Photography, it is hereby agreed upon that Commission Fees will be paid by Dan Smarg Photography to Customer, Collaborator, Legal Business Entity in good faith.

Commissions to be paid to Dan Smarg Photography: For all “Collaborative Referrals & Services” rendered, legal “consideration” to validate this Agreement in the form of monetary or multimedia compensation (or combination thereof) must be provided and submitted according to the timelines in this Agreement. Unless specifically waived or forfeited, all forms of compensation must fully documented: Any ACH Bank Transaction or Third-Party Transfer (Paypal, Venmo, Zelle etc) or cash/check payment must be sufficiently invoiced and considered as “Business Income” for both parties’ financial records and tax statements.

If Dan Smarg Photography facilitates or directly enables Multimedia Production Services, Live Media-based “Experiences,” or any other kind of Services such as location or business promotion, short-terms rentals, product placements with Social Media Influencers, local businesses etc. as a result of efforts made to specifically drive sales to Customer’s, Collaborator’s, Legal Entity’s Business, it is hereby agreed upon that Commission Fees will be paid by Customer, Collaborator, Legal Business Entity to Dan Smarg Photography in good faith.

Payment on a “Per-Case” / Individual Collaboration Date Basis: Although all “Collaborations” are ongoing until voluntarily terminated by either party, both parties agree to compensate one another accordingly on a case-by-case basis. Specifically, for each date Services are rendered by either party, both parties agree to issue invoices to be paid.

Invoices & Financial Records: As such, both parties agree to keep and provide detailed Invoices and Financial Records for all Services Rendered or Direct-Referrals made. The beneficiary/recipient/Payee of each Commission shall submit an invoice to the Initiating Party for approval. Upon approval, payment (Commission) shall be rendered.

Payment Terms: Commission Payments shall be submitted and paid by both parties in a “timely basis,” but no longer than ten (10) business days after Invoice is jointly approved. If, for any reason, both parties do not jointly approve the submitted invoice, each party agrees to correct or rectify any discrepancy with the utmost expediency so that the invoice can be paid within the initial ten-day payment period. If more time is needed, both parties agree to expedite the documentation and payment process by all means necessary to ensure the most timely payment reasonably possible. 

Payment Defaults: Collaborations are jointly agreed-upon by both parties. Therefore, Payment Defaults should not occur because both parties agree to operate in a professional capacity to actively promote the ongoing business operations or services of the collaborator. However, should a Payment Default (aka “NON-payment”) occur, this Services (Collaboration) Agreement is subject to immediate termination and Legal reprisal for “Services Rendered” in the State of Montana.

No Guarantee of Services or Commissions Leads: It is understood by both parties that neither Services nor Commissions are implied nor guaranteed under the terms of this Agreement. All efforts will be made, however both parties agree that all referrals for the procurement of business opportunities, “qualified leads”, sales calls, correspondence, etc are all entirely based on this voluntary engagement - they are neither required in volume nor specific timeline. Neither Dan Smarg Photography nor Customer, Collaborator, Legal Business Entity may expect or request any direct-referrals or commissions fees for any other purposes aside from mutually documented sales secured by both parties.

Lead Generation & Notice In-Writing: In good faith, both parties agree to properly notify each other when a sales lead or Direct-Referral is generated and when a sale is secured as a result of that notification.

Financial Records & Bookkeeping: Both parties agree to operate under separate (NON-joint) entity status. Both are responsible for securing and recording all necessary financial documentation or third-party services for their own businesses. However, for legal and tax records, both parties also agree to share all bookkeeping spreadsheets or files at least thirty (30) days prior to any quarterly or annual tax filing deadlines. In good faith, each party will submit those documents or spreadsheets to the other party on a voluntary basis without the need for prior request. Upon request, both parties agree to furnish any documentation as soon as possible to facilitate the Collaborator’s financial filing requirements. 

Tax Form 1099-NEC: Due to the independent, voluntary nature of Multimedia Collaborations and the variable amounts paid by either party for Services rendered or Direct-Referrals, both parties agree to provide a completed Form 1099-NEC for “Non-Employee” (aka Subcontractor) compensation for any and all amounts exceeding $600 per annum. Both Parties are responsible for properly documenting and filing their own business State and Federal Tax Forms on a timely basis.

Multimedia Content Collaboration & Authorship: Both parties to this Agreement agree to openly and actively collaborate in making Multimedia Content beneficial to both parties, businesses - referred to in this Agreement collectively as "the Work." Both parties shall also fully and completely cooperate with regard to the promotion and exploitation of the Work and all ancillary, subsidiary, related and allied rights (the "Ancillary Rights")

Exclusive Multimedia Rights: As the original creator entity of the the Multimedia Content, Dan Smarg Photography shall retain 100% Exclusive Multimedia Rights In-Perpetuity unless otherwise released or fully or partially licensed to a Third-Party Entity of his/its choosing. In good faith for the ongoing benefit of promoting both parties’ business interests, sales leads etc, Dan Smarg Photography hereby grants Customer, Collaborator, Legal Entity the right to use any and all Multimedia provided at its discretion for as long as this Agreement remains valid.

If Dan Smarg Photography determines that the Customer, Collaborator or Legal Entity is commercially profiting beyond the “reasonable” expectations of this Collaboration Agreement, it may terminate this Agreement at any time and immediately request the Customer, Collaborator, Legal Entity to purchase ongoing commercial-use rights as determined by its Standard Commercial-Use Rights Agreement or to cease featuring any and all Multimedia on all platforms, digital, print or social media.

“Reasonable Expectations” for commercial profit are hereby defined as an “In-Good-Faith” volume with the knowledge that Dan Smarg Photography only secures payment by the rendering, production or licensing of its services and multimedia content while the Customer, Collaborator or Legal Entity may potentially use said Multimedia to unilaterally benefit without reciprocity. In addition, it is also mutually acknowledged that Dan Smarg Photography normally charges Customers / Businesses in an ongoing monthly capacity for the limited commercial use of all Multimedia Content produced under this Service Agreement.

However, within this “Collaboration” clause, said commercial-use licensing is temporarily waived as a courtesy for all media provided “free-of-charge” to the Customer, Collaborator, Legal Entity. This gesture is in good faith for the joint benefit of the parties named and solely of its own revokable volition. Furthermore, Customer, Collaborator or Legal Entity may not “demand” the use of any multimedia content produced on, in or around their place of business. Dan Smarg Photography will, in-good-faith, provide all multimedia on an ad-hoc, voluntary basis. As a result, under the specific terms set forth within the context of this “Multimedia & Promotional Services Collaborations” Clause, both parties are freely authorized to “use” the multimedia created or submitted by Dan Smarg Photography for commercial or promotional purposes such that said use shall result in further ongoing direct-referrals or direct-bookings (financial gain) for both parties. 

Property & Appearance Releases: As further stipulated under the later terms outlined in this Agreement, Customer, Collaborator, Legal Entity agrees to adhere to all standard terms outlined in the Property & Appearance Releases required of all Customers - paying or otherwise “Collaborating.” Any and all Appearance or Property Releases submitted by Customer, Collaborator or Legal Entity are hereby considered to be an irrevocably intrinsic facet of this Agreement. 

Third-Party Licensing Notifications: Each party agrees to keep the other fully apprised of all matters regarding the exploitation of the Multimedia Work and the Ancillary Rights issuance/usage, including but not limited to, offers, negotiations, and communications from interested third parties regarding the purchase, license or “lease” of production rights in the Multimedia Work. As Exclusive Rights Holder of all Multimedia, Dan Smarg Photography agrees to provide consideration to Customer, Collaborator, Legal Entity should such consideration result in significant financial gain. In layman’s terms, Dan Smarg Photography isn’t going to license media created on-location to Coke to use in their next national ad campaign with no monetary compensation to the property owner!

Party Responsibilities: Both parties shall perform and fulfill, promptly, actively and on-time, all of its obligations under the Agreement. Each party will contribute to the efficient flow of information and access to relevant data according to the agreed access rights and confidentiality to ensure the efficient execution of this Agreement. Each part shall inform other parties in the project of relevant communications it receives from third parties in relation to the project.

Term & Termination of “Multimedia & Service Collaborations: This Agreement shall come into force as of the date of its signature by the parties. This Agreement will remain in effect throughout the term of the copyright and any extensions of the copyright in the Multimedia Work. If either Party wishes to terminate this Agreement, they must do so and receive a counter-signed intent-to-terminate acknowledgement from the other party prior to final termination. If either party dies during the term of this Agreement, the surviving party will have the exclusive right to act in all respects as though the survivor were the sole author; provided, however, that the name of the deceased party will continue to appear in all credits as specified in the section of this Agreement entitled "Authorship Credit," and the decedent's estate will be entitled to receive all monies and documents that the decedent, had the decedent lived, would have been entitled to receive under this Agreement.

Miscellaneous Defaults: Any default by either party under this Agreement, including but not limited to, a breach of obligations and covenants, a failure to accord or adhere to processing, publishing or other schedules, a failure to exploit, unauthorized exploitation, or an unauthorized assignment or sublicense ("Event of Default"), shall give the non-breaching party the right to demand in writing that the breaching party cure the Event of Default within ten (10) working days, after which time the NON-breaching party shall have the right to immediately terminate this Agreement if such default is not cured. If a breach occurs after acceptance of the final draft of the manuscript for the Work or after the licensing of an Ancillary Right in which the copyright is co-owned, the breaching party shall nonetheless fulfill his or her obligations outlined within this Agreement.

MISC. LEGAL STIPULATIONS…

ADULT & MINOR APPEARANCE | PROPERTY LIABILITY RELEASES 

All legal Adults over the age of 18, Minors under the age of 18 and Property(ies) involved in the Production and execution of this Services Agreement hereby agree, under affiliation with Customer and Customer’s Legal Business Entity, to be fully released of liability a minimum of three (3) business days prior to Shoot Date. 

As the initiating, contracted party and ultimate financial beneficiary of the Multimedia Content produced, it is the Customer’s responsibility to furnish printed or digital links to Releases to any and all models, individual(s), featured structure managers or minors depicted or recorded in any way during the fulfillment of this Services Agreement.

Photographer will also endeavor to provide Releases to all Parties involved in the fulfillment of this Services Agreement, however Photographer may need to do so retroactively - after-the-fact / post principal capture date due to a variety of variables in the Production Process. Customer is hereby affirms and agrees that all Releases required to assign Exclusive Rights to Photographer shall be granted. Under no circumstances shall the Customer imply or inform a related or depicted party that they should not sign or digitally submit a Release. In any and all cases, before or after the principal capture date, Photographer has 100% right to ask ALL PARTIES involved to sign any Release of their own legal volition under the Terms set forth in U.S. Copyright and Intellectual Property Law.

Each party involved or responsible for the release of appearance and liability for appearance “On-Camera,” “On-Screen", or any digital format in the future must sign a Release either before, upon or after the execution of the Services outlined in this Services Agreement:  

Sharable Release Links

RELEASES

Customer and any Employee or Assign currently employed by / legally affiliated to or employed by / legally affiliated to Customer’s Legal Entity, Commercial Business, Enterprise, Interests, known and unknown is hereby “voluntarily released” under the Terms of this Services Agreement to participate in, actively or passively, the production of the Multimedia Content outlined by the Terms of this Service Agreement.

As Owner and principal controller of the Legal Entity named above, Customer hereby acknowledges and agrees to sign or digitally submit this Appearance, Property & Liability Releases: (BELOW).

And as Owner of the Legal Entity named above, Customer hereby acknowledges that as the Employer he/she shall compel all Employees, Legal and Voluntary Affiliates, Contracted or Sub-Contracted Parties etc involved in the original production of the Multimedia Content to fulfill this Services Agreement to authorize these Appearance, Property & Liability Releases:

CUSTOMER | ENTITY / PROPERTY OWNER | EMPLOYEE | AFFILIATE | LEGAL ASSIGNS APPEARANCE & LIABILITY RELEASE

DAN SMARG PHOTOGRAPHY UNIVERSAL MODEL CUSTOMER | ENTITY / PROPERTY OWNER | EMPLOYEE | AFFILIATE | LEGAL ASSIGNS APPEARANCE & LIABILITY RELEASE (Adult): For good and Valuable Consideration, whether in the form of Copies of the Images and/or Video Content and/or via Monetary Compensation, the pending receipt and legal sufficiency of which is hereby acknowledged, I (Model) hereby grant to Dan Smarg and Dan Smarg Photography (collectively, the “Photographer”), the Photographer’s Legal Affiliates, Proxies or Sub-Contracted Assigns, and those persons acting with the Photographer’s authority and permission, written, verbal or otherwise, the right to license the use of my image and likeness, take and create photographs and/or videos, audio recording, and other still and/or moving, images (in all multimedia codecs and formats) and other graphical depictions incorporating my likeness, in any and all media, whether now known or hereafter created; collectively as (the “Content”). I hereby agree to ALSO release the use of said multimedia content / imagery of ANY AND ALL Persons Employed, Contracted, Sub-Contracted or Legally Affiliated in ANY way to me, my Legal Business Entity, its Affiliates, Investors, Partners etc. I hereby agree that all rights in and to the Content, including the Exclusive, commercial and editorial copyright, are and shall remain the sole and Exclusive property of Daniel R. Smarg and Dan Smarg Photography and the Photographer, Dan Smarg, free and clear from any claims by me or anyone acting on my behalf. I represent I shall not endeavor to acquire any such claim to these media materials in any way shape or form, for use commercially or otherwise except by written request for authorization. Dan Smarg Photography and the Photographer’s rights include, but are not limited to, the rights, in perpetuity, to: Use, re-use, alter, publish, and re-publish the Content; Commercially License, Alter, Modify or otherwise change the Content in any manner the Photographer desires; Combine the Content with textual matter and/or with other pictures and/or media; and, Use the Content for illustration, promotion, art, editorial, advertising, digital marketing, trade, publishing, or any other monetization purpose whatsoever. I hereby release, discharge, and agree to hold harmless Dan Smarg Photography and the Photographer, the Photographer’s heirs, legal representatives and assigns, and all persons acting under the Photographer’s authority or those for whom he/she is acting, from any liability by virtue of any use of the Content or any changes or alterations made to my likeness thereto. I hereby agree to the following terms for all commercial, private or advertising use of my likeness: If a photograph, image or altered multimedia variation of my likeness is licensed by Dan Smarg or Dan Smarg Photography to a Third Party, entity, stock website, agency, archive or individual or any of their legally appointed assigns, I may, by written request, be compensated with 10% of the initial licensing fee transacted. No commission or “Fee” is hereby implied or promised. Any such compensation is entirely up to the discretion of Dan Smarg and Dan Smarg Photography. MEDIA LICENSING ADDENDUM: In addition to the above-mentioned 10% licensing fee commission (Good and Valuable Consideration), I attest that I understand the media created in this production is primarily intended for commercial, private, and/or personal use by Dan Smarg, Dan Smarg Photography and/or the Photographer's Commissioning Client (Third Party and any or all Assigns), and me, the Model. However it may be ultimately licensed for commercial use by other Third Parties and their Legal Assigns, including, but not limited to, the other Customers of Dan Smarg or Dan Smarg Photography, their Client's Company(ies), Subsidiary Company(ies), Legal Partners, and Legal Assigns, Independent Distribution Outlets, Social Media Platforms, other Stock websites, archives, agencies and/or Commercial Websites for both Commercial/Advertising and/or Editorial use or publication. I also acknowledge that, as Original Creator of this multimedia, the Photographer, Dan Smarg, and Dan Smarg Photography, owns Exclusive Rights to the images and or video created during and after its production. I also acknowledge that the Photographer, Dan Smarg and Dan Smarg Photography, hereby endeavors to notify me if this content is to be licensed for further use by a Third Party and that he will endeavor to include me (Model) in those discussions and licensing term agreements such that I am potentially furnished fair compensation for my participation in this production. Upon initial payment and or upon receipt of such Good and Valuable Consideration or additional monetary compensation, I hereby release, discharge, and agree to hold harmless Dan Smarg and Dan Smarg Photography, the Photographer’s heirs, legal representatives and assigns, and all persons acting under the Photographer’s authority or those for whom he/she is acting, to continue to license the use of my image and likeness without any further compensation thereafter. DIGITAL SIGNATURE ADDENDUM: I hereby acknowledge that Dan Smarg and Dan Smarg Photography intend to license Photos and Video Content that contain my likeness to a variety of Third Party Stock Websites, Archives and Agencies for potential Worldwide commercial or editorial use. Therefore, this contract is accepted by DAN SMARG and DAN SMARG PHOTOGRAPHY and cannot be changed via oral or implied communication. Only written and counter-signed or digitally acknowledged addendums may apply. Dan Smarg and Dan Smarg Photography can only accept one “Digital Signature” per form. I hereby represent that that by reading, reviewing, acknowledging and voluntarily submitting this digital form in a digital format via online, wireless internet, email or any other digital transfer that my action and submission constitutes my Legal Signature as if it were a physical, Legal Signature on a printed page. Any changes must be requested in writing in conjunction with the retention of Legal Counsel by BOTH Parties. By signing the below Digital Form, I hereby accept ALL TERMS listed herewith and relinquish the right to validating this Agreement via physical or printed signature. My submission is, in effect, my legal agreement and “signature” validating my acceptance of these TERMS. My acceptance is binding upon submission of this Form and therefore cannot be voided once digitally submitted in any way shape or form. If I require a physical printed copy of this Release of Liability Agreement or Appearance Release, I must request it in writing. Finally, I agree to submit this Licensing & Appearance Release Agreement in good faith. If I have any questions or additional concerns and/or legal stipulations, I may consult my own legal counsel or contact DAN SMARG | DAN SMARG PHOTOGRAPHY directly PRIOR TO SUBMISSION via this website Contact Form: https://www.dansmargphotography.com/contact THIRD PARTY SIGNATURE REQUESTS ADDENDUM: In consideration and acknowledgement that Dan Smarg and Dan Smarg Photography intend to license Photos and Video Content that contain my likeness to a variety of Third Party Stock Websites, Archives and Agencies for potential Worldwide commercial or editorial use: Therefore, Dan Smarg and Dan Smarg Photography may be requested to provide a valid and legal copy or digital representation of my physical signature to authorize the Commercial or Editorial licensing of photos and/or videos to a Third Party enterprise, Stock Website, Agency or its legal assigns. If my physical signature or a digital copy of my physical signature is required, or a form representing my digital consent is similarly required, I will do my best to provide the necessary signatures and authorizations as soon as possible when I am asked by Dan Smarg or Dan Smarg Photography and soon as possible to expedite the licensing process. I understand the validation and execution of this process is predicated upon my active participation. And as such, Dan Smarg and Dan Smarg Photography’s business depends on my active participation, cooperation and consent with these legal processes. In Consideration of my cooperation and consent to agree to Third Party Signature Requests, I acknowledge that I agree to receive 10% of the initial licensing fee or editorial-use fee procured by Dan Smarg and Dan Smarg Photography for the use of my likeness in photos and videos submitted to said Third Party Interest, Website, Stock Agency, Archive or Commercial Business as Legal Consideration of my consent and Release of Commerical Use. PHYSICAL SIGNATURE REQUEST ADDENDUM: In consideration and acknowledgement that Dan Smarg and Dan Smarg Photography intend to license Photos and Video Content that contain my likeness to a variety of Third Party Stock Websites, Archives and Agencies for potential Worldwide commercial or editorial use: Therefore, I agree to provide Dan Smarg and Dan Smarg Photography a physical or digital copy of my legal signature. I also acknowledge that if Dan Smarg or Dan Smarg Photography, or any of its legal assigns, requests an additional digital copy of or physical copy of my physical, legal signature rather than a “Digital Signature Submission” described above, I hereby agree to do so within 48 hours of Dan Smarg or Dan Smarg Photography’s request. If I do not provide a digital copy or physical copy of my signature within 48 hours, I hereby authorize Dan Smarg and Dan Smarg Photography to submit a digital “proxy” copy of my digital signature or estimated resemblance thereof, on my behalf. I hereby authorize that this proxy signature hereby constitutes my Legal Signature solely for the purpose of commercial licensing multimedia content to a Third Party entity for potially profitable-use or marketing purposes that may produce monetary gain for Dan Smarg, Dan Smarg Photography and potentially myself. However, my proxy signature does NOT constitute my legal authorization for any ancillary purpose. This authorization to use a digital copy of my signature or representation thereof is exclusive and non-transferrable to any alternate form of legal authorization. It is solely and exclusively to be submitted for the consent and release of use of Photo or Video or Multimedia I/We created with Dan Smarg or Dan Smarg Photography or its Clients’ Commerical Licensing contracts to which I am hereby agreeing to authorize as of the date of this digital submission form and hereby also retroactively authorize its use for any and all dates prior to this digital submission. Upon submission of my digital signature, whether in whole or in part (Example: Initials), I hereby grant permission in-good-faith upon receiving written notification and a copy of any and all correspondence with any Third Party Business, Website or Stock Photo Archive, Agency or Business Dan Smarg or Dan Smarg Photography submits it to. I must request a copy of these correspondences in writing for the request to be legally valid in any form. Verbal requests may not be considered legal. However, they are considered a courtesy reminder and therefore will, in good faith, result in the solicitation and procurement of any and all correspondences bearing my digital signature forthwith. If Dan Smarg or Dan Smarg Photography does not provide a printed or digital copy of said correspondences bearing my digital signature within a reasonable time, I reserve the right to rescind the commercial licensing authorization to any Third Party in question until such copies, digital or otherwise, may be procured and submitted to me. I also attest, that in good faith, I understand Dan Smarg and Dan Smarg Photography will, in all good faith, attempt to communicate with me as openly as possible about any and all transactions regarding, concerning or containing my digital, physical or digital copy of my signature. Any other use, for personal or commercial gain is hereby deemed unauthorized use and may be subject to Counterfeit Penalties under Local, State and Federal Law. I hereby reserve the right to privately inquire and investigate such occurrences to the extent I deem necessary to conclude. I agree to do so under my own free will and my own personal expense and do not expect or intend to request Dan Smarg or Dan Smarg Photography to authorize or remit payment for any such investigations, inquires or legal actions I choose to undertake. RETROSPECTIVE & IN-PERPETUITY COMMERCIAL/EDITORIAL-USE LICENSING & SIGNATURE RELEASE: In consideration and acknowledgement that Dan Smarg and Dan Smarg Photography intend to license Photos and Video Content that contain my likeness to a variety of Third Party Commercial Entities, Stock Websites, Archives and Agencies for potential Worldwide commercial or editorial use going forward from the date of this digital submission form: I hereby agree to provide my legal consent to license the Commercial and/or Editorial Worldwide use of my likeness in photo and video or any multimedia source as of and BEFORE the date listed below for all Photo, Video, Multimedia works created prior to this date as well as in-perpetuity hereafter. KNOWING & VOLUNTARY EXECUTION: I hereby warrant that I am of full legal age and have the right to sign this contract in my own name. I have read the above authorization, Release and Licensing Agreement, prior to its execution, and I am fully familiar with the contents thereof. This Licensing Release & Agreement shall be binding upon me and my heirs, legal representatives and assigns. I hereby attest that I have carefully read and fully understand the contents and legal ramifications of this Licensing Release & Agreement as well as all the conditions as stated in all sections of the current DAN SMARG PHOTOGRAPHY website, emails, phone conversations, personal conversations, written or otherwise. Exceptions to this Licensing Release & Agreement and any addendum policies cannot be made for any reason, including but not limited to, any Act of God, Force Majeure, weather, terrorism, civil unrest, personal, family or medical emergencies. I understand that this Licensing Release & Agreement is legally binding and enforceable contract and sign it as a legal adult, 18-years or older, and of my own free will. I also agree that any Minors I am legally responsible for under the age of 18 shall abide by all terms herewith. I agree that if any portion of this Licensing Release & Agreement is currently or eventually discovered or otherwise “determined” to be void, “unfair” or otherwise unenforceable, the remaining portions and terms shall, in their entirety, remain in full force and full effect to the extent of Local, Federal, State, County, City and Country Laws. BINDING ARBITRATION: I, and any minors in my legal care, hereby agree that any dispute concerning, relating or referring to this Agreement, the website, verbal conversation, brochure or any other literature, digital, physical, verbal or otherwise concerning this photos, video, multimedia etc. shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to any subsequent Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS) and or Federal United States Copyright & Intellectual Property Protection Laws. I agree that such proceedings will be governed by substantive (but not procedural) Local Law wherever such proceedings be most convenient to Dan Smarg or Dan Smarg Photography. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. By agreeing to these terms and conditions, I, as well as DAN SMARG and DAN SMARG PHOTOGRAPHY, waive our right to a trial by jury and agree to private arbitration paid for solely by the “Concerned” party – not the allegedly “responsible” or defaulting party. COVID-19 ADDENDUM: I hereby attest that I am committed to creating a COVID-safe production. Therefore, I have provided the Photographer with photographic proof of my own personal negative COVID-19 test result within twelve (12) hours of my call-time. If I cannot provide proof, I also agree and attest to the following: I understand that, if I am infected, Symptoms of COVID-19 include: • Fever • Fatigue • Dry Cough • Difficulty Breathing I agree to the following: • I understand the above symptoms and affirm that I, as well as all household members, do not currently have, nor have experienced the symptoms listed above within the last 14 days. • I affirm that I, as well as all household members, have not been diagnosed with COVID-19 within the past 30 days. • I affirm that I, as well as all household members, have not knowingly been exposed to anyone diagnosed with COVID-19 within the past 30 days. • I affirm that I, as well as all household members, have not traveled outside of the country or to any city considered to be a “hot spot” for COVID-19 infections within the past 30-days. • I understand that Dan Smarg Photography and Photographer cannot be held liable for any exposure to the COVID-19 virus caused by misinformation on this form or the health history provided by each client. Dan Smarg Photography and Photographer are following these enhanced procedures to prevent the spread of COVID-19: We have asked that everyone coming to location or set provide proof of a negative COVID-19 Test within 12 hours of their call-time. Anyone who feels safer wearing a mask may do so and is not obligated to remove it unless and until they feel safe doing so. If anyone on set feels they are getting too close to anyone else, they may ask to increase distance for a safer working environment. By signing below, I agree to each statement above and release Dan Smarg (Photographer) and Dan Smarg Photography as well as all other legally released participants in this production from any and all liability for unintentional exposure or harm due to COVID-19 or any other health or personal injury-related matter. LIABILITY RELEASE ADDENDUM: DAN SMARG PHOTOGRAPHY LIABILITY RELEASE (Adult): In exchange for participation in the activity of Video & Photo Production or Guided Photography Tour organized by Dan Smarg & Dan Smarg Photography, of  and/or use of the property, facilities and any / all "services" of Dan Smarg & Dan Smarg Photography, I agree for myself and (if applicable) for the members of my family, to the following: 1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all verbal or posted rules and warnings, and further agree to follow any oral instructions or directions given by Dan Smarg & Dan Smarg Photography, or the employees, representatives or agents of Dan Smarg & Dan Smarg Photography or any other authoritarian figure responsible for the safety and security of the immediate facility or “premises” as it relates to the relative “proximity” of the multimedia capture location or site for my safety and those also participating in the shoot. 2. ASSUMPTION OF THE RISKS AND LEGAL LIABILITY RELEASE. I recognize that there are certain inherent risks associated with the above described multimedia capture or tour activity and I assume FULL and IRREVOCABLE responsibility for personal injury or personal physical or property “loss” of any kind or nature to myself and (if applicable) my family members. And further release and discharge Dan Smarg & Dan Smarg Photography for injury, loss or damage or sickness, illness or viral infection, including, but not limited to COVID-19 and similar strains, side-affects or related health hazards, loss of employment or any “value” etc. arising out of my or my family's use of or presence upon the facilities or locations used or rented by or owned by Dan Smarg & Dan Smarg Photography, whether caused by the fault of myself, my family, Dan Smarg & Dan Smarg Photography or other third parties. 3. INDEMNIFICATION. I agree to indemnify and defend Dan Smarg & Dan Smarg Photography against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Dan Smarg & Dan Smarg Photography. 4. FEES. I agree to pay for ALL physical or mediacal damages to the employees, affiliates, legal assigns etc of these facilities, of property or “production related gear” owned by Dan Smarg & Dan Smarg Photography caused by any negligent, reckless, or willful actions by me or my family. 5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Montana law. 6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Dan Smarg & Dan Smarg Photography has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement. 7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. No other affiliation is hereby implied nor construed. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. 8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement. 9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure starting with legal arbitration by a Third Party Arbitrator / Mediator. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The Mediator / Arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction. 10. EMERGENCY CONTACT. In case of an emergency, please call my "Emergency Contact" listed below.  I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. 

PROPERTY RELEASE

DAN SMARG PHOTOGRAPHY PROPERTY RELEASE: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, I (“Property Owner/Owner Representative”), being the legal owner or appointed representative by the legal owner of or having the authority to permit the taking and use of photographs/videos and other still and/or moving images (in all formats) of a named property or ANY AND ALL properties owned by, rented by, leased by, me, my Legal Business Entity and hereby referred to as (the “Property”) hereby grant to the photographer, a.k.a. Pro Lenser and Dan Smarg Photography. (collectively, the “Photographer”), the Photographer’s successors and assigns, and those persons acting with the Photographer’s authority and permission, the right to enter Owner’s real property and to take and create photographs/videos and other still and/or moving images (in all formats) and other graphical depictions of the Property, in any and all media, whether now known or hereafter created (the “Content”). I hereby agree that all rights in and to the Content, including the copyright, are and shall remain the sole property of Dan Smarg Photography and the Photographer, free and clear from any claims by me or anyone acting on my behalf. Dan Smarg Photography and the Photographer’s rights include, but are not limited to, the rights, in perpetuity, to: Use, re-use, publish, and re-publish the Content; Alter, modify or otherwise change the Content in any manner the Photographer desires; Combine the Content with textual matter and/or with other pictures and/or media; and, Use the Content for illustration, promotion, art, editorial, advertising, trade, publishing, or any other purpose whatsoever. I hereby release, discharge, and agree to hold harmless Dan Smarg Photography, the Photographer, the Photographer’s heirs, legal representatives and assigns, and all persons acting under the Photographer’s authority or those for whom he/she is acting, from any liability by virtue of any use of the Content or any changes or alterations made thereto. I hereby warrant that I am of full legal age and have the right to contract in my own name. I have read the above authorization, release and agreement, prior to its execution, and I am fully familiar with the contents thereof. This release shall be binding upon me and my successors-in-interests/title, my heirs, legal representatives and assigns.

PRODUCTION & GENERAL LIABILITY INSURANCE

Photographer represents that he/she is fully commercially insured to perform any and all creative services rendered to execute this Services Agreement. Customer also agrees that the Production is insured under a General Commercial Liability Policy and shall NOT hold Photographer responsible for any loss or damages to any persons or property involved.  

Any additional insurance required for the Production must be stipulated in writing as a special Addendum Clause in this Services Agreement.  Customer is responsible for and agrees to pay for all additional Production Liability Insurance. 

SERVICES WARRANTY 

DAN SMARG PHOTOGRAPHY (Dan Smarg) and Photographer shall endeavor to provide Services and meet its obligations under this Services Agreement in a timely and professional manner, using knowledge and recommendations for performing the Services which meet the highest quality industry standards. In a conscientious and deliberate effort to secure future bookings and direct referral opportunities, Photographer will provide a modicum of care equal to, or exceeding, content quality offered by similar regional service providers. 

RELATIONSHIP OF PARTIES 

It is understood by the Customer the Photographer is an independent contractor and not the Customer’s employee. No further employment, legal responsibilities, contracts, personal or financial liabilities are hereby assigned or implied. 

LIMITS OF LIABILITY 

With the execution of this Services Agreement and by purchasing Photographer’s Services, Customer hereby acknowledges that neither DAN SMARG PHOTOGRAPHY (Dan Smarg) nor the Photographer shall be held liable for any property damage or injuries to persons that may occur with relation to the Production.  

All limits of Liability are the sole responsibility of each individual involved in the Production of content and execution of this Services Agreement. Furthermore, all liability is hereby implied and therefore released pending Customer’s submission of his or her Model and/or Property Releases. All Addendum Releases shall be submitted as corollary agreements to this Services Agreement and no later than three (3) business days prior to Shoot Date.  

MATERIAL BREACH | DEFAULTS 

The occurrence of any of the following shall constitute a material default or “contractual breach” under this Service Agreement Contract:  

1. The failure to adhere to any terms in this Service Agreement by either intentional, implied or UNimplied default. 

2. The failure to make a required payment when due.  

3. The legally documented insolvency or declaration of bankruptcy of either party.  

4. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.  

5. The failure to make available or deliver the Services in the time and manner provided for in this Services Agreement. 

FORCE MAJEURE  

If performance of this Service Agreement or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party reasonably timely written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event.  

The term Force Majeure shall include, without limitation, Acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures.  

The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

NO JOINT VENTURE

This Agreement shall not be construed to place the parties in the relationship of partners or joint venturers nor constitute any party the agent of any other party, and neither party shall have the power to obligate or bind the other party in any manner whatsoever.

Reservation of Rights: Any rights not expressly granted by a party to this Agreement are reserved to that party. Without limiting the foregoing, nothing in this Agreement shall be construed to prevent the parties from creating a work not involving…

Additional Documents: Each member must execute all additional documents and take all actions as are reasonably requested by the other members in order to complete or confirm the transactions contemplated by this Agreement.

Successors and Assigns: This Agreement shall be binding upon the parties' heirs, assigns, successors-in-interest, executors, administrators, and any other persons or entities acquiring an interest through transfer, conveyance, succession, or inheritance, as may be permitted herein.

SERVICE AGREEMENT TERMINATION

BOTH parties, Customer and Photographer, agree to execute all Terms and parameters of this agreement “in good faith.” Specifically, this Services Agreement shall continue in perpetuity until it is either terminated or amended by either Party or mutually by both Parties; Photographer and Customer, in-writing. 

PAYMENT IN FULL IS REQUIRED by Customer before any request to terminate Service Agreement is valid. All other requests are hereby DENIED without full payment to-date of any such request. Photographer may DENY any such request prior to Final Content Delivery. If such a request is made in light of a potential Amendment or Addendum, Photographer may review and may approve request pending favorable and mutually agreeable negotiations with Customer.

FINAL CONTENT DELIVERY of the Single Project or Latest / Most Recently Discussed Monthly Recurring Multimedia Content Project by Photographer must be furnished prior to any request to terminate this Service Agreement. Customer may DENY any such request prior to Final Content Delivery. If such a request is made in light of a potential Amendment or Addendum, Customer may review and may approve request pending favorable and mutually agreeable negotiations with Photographer.

If any provision of this Services Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. 

If either Party wishes to terminate this Services Agreement, they must do so in writing and allow the NON-terminating Party TEN (10) business days to propose correction, amend contractual terms or accept final termination in-writing.

Upon receipt of proposed corrections, BOTH Parties will endeavor, in-good-faith, to resolve any implied, perceived or material breaches of this Service Agreement. As such, BOTH Parties are encouraged to cite grievances and/or proposed Amendments or Addendums to this Service Agreement that will serve to not only resolve any alleged disagreement or perceived default, but also be the foundational elements of terms to be stipulated in a newly drafted Service Agreement.

As the Issuing Party, Photographer hereby agrees to draft any new Service Agreement Amendments or Addendums then submit to Customer for review. Customer is encouraged to respond in a timely manner to facilitate ongoing and continued professional relations. If both parties agree to the terms of a New Service Agreement, they hereby agree to terminate this Service Agreement and enter into a new Service Agreement that will supercede the terms of this Agreement.

30-Day Final Termination Term Period: If no Amendments or Addendum can be resolved, both Parties agree to voluntarily and mutually terminate this Agreement in-good-faith. Once such an agreement in-writing is submitted and acknowledged by BOTH Parties, this Service Agreement is null-and-void THIRTY (30) business days after the date of termination. Customer hereby agrees to pay any outstanding balances, fees or ancillary costs submitted by Photographer for review.

In the case of the termination of a Monthly Recurring Multimedia Content Production Services Agreement Contract, Customer hereby agrees to pay the final 30-day monthly installment payment stipulated by this agreement. Photographer hereby agrees to submit and furnish ALL Multimedia Content requested by Customer. In-good-faith, Photographer will provide the “final value” requested or stipulated by the terms of this Service Agreement to Customer.

In the event of termination of this Agreement by either Party, ALL COMMERCIAL-USE CONTENT LICENSING RIGHTS stand according to U.S. Copyright & Intellectual Property Law.

If ONE party does NOT agree to terminate or acknowledge the request to terminate this Service Agreement, then the NON-initiating Party may decide to seek legal counsel, District Court Small Claims Judgement or any applicable remuneration for alleged or perceived “damages” via local or state legislation.

Once a resolution is processed by legal counsel, City or Local State Courts, BOTH Parties hereby agree to comply with the rulings without further action.

COMMERCIAL-USE LICENSING UPON SERVICE AGREEMENT CONTRACT TERMINATION: Immediately upon termination of this Service Agreement, Customer hereby agrees and promises to complete a Multimedia Permissions Form that will be used to determine the monthly cost of ongoing commercial-use of ANY and ALL Multimedia Content Assets, IN WHOLE OR IN PART | IN RAW FOOTAGE OR FULLY FINISHED MASTERED FORMAT.

ONGOING COMMERCIAL-USE CONTENT LICENSING RIGHTS

Per U.S. Copyright Law & Intellectual Property Law, Photographer retains ALL EXCLUSIVE RIGHTS to use, profit from, distribute or disseminate ANY AND ALL Multimedia Content produced under the terms of this Service Agreement.

Customer retains NON-EXCLUSIVE RIGHTS to use, profit from, distribute or disseminate any and all Multimedia Content produced under the terms of this Service Agreement. In the event of a Service Agreement termination or amendment that results in altered terms, Customer hereby agrees to obtain ongoing Commercial-Use Content Licensing Rights from Photographer in-writing.

That process of discovery is completed using a standardized Multimedia Permissions Form to determine the ongoing monthly cost of Customer’s Commercial-Use of ANY AND ALL Multimedia Content Assets IN WHOLE OR IN PART created under the Terms of this Service Agreement.

Customer hereby agrees to complete the Multimedia Permissions Form to the best of his/her ability and provide the details to the fullest extent possible at the time of completing the form.

Customer also hereby acknowledges and agrees to RE-submit the Multimedia Permissions Form at any time in the future if requested verbally or in-writing by Photographer for the purposes of RE-evaluating the commercial-use of ANY AND ALL Multimedia Content Assets created under the Terms of this Service Agreement. 

Under NO EXCEPTIONS shall Customer refuse to RE-submit the Multimedia Permissions Form or he/she shall be considered in breach of U.S. Copyright & Intellectual Property Law and therefore subject to all Federal, State & City / District Penalties to the full extent that the Law provides potential compounded remuneration for any malfeasance.

In perpetuity, ANY AND ALL UNLICENSED USE of Multimedia Content Assets in whole or in part produced under the Terms of this contract are STRICTLY PROHIBITED.   

SERVICE AGREEMENT TERM 

DAN SMARG PHOTOGRAPHY (Dan Smarg), Photographer and Customer hereby agree that this Services Agreement shall commence on the Date Of Submission and it shall be valid in-perpetuity unless or until mutually amended or terminated by BOTH Parties.  

This Services Agreement may be extended and/or renewed by additional or supplemental Addendum Agreements of all parties memorialized in a subsequent amendment. This Services Agreement is hereby made effective as of its completion and submission date (the "Effective Date"), by and between Customer, Photographer and DAN SMARG PHOTOGRAPHY (Dan Smarg). 

Should either Party wish to amend or terminate this Service Agreement, they must do so in writing citing any and all perceived or documented defaults. As such, the Amending or Terminating Party hereby agrees to allow the NON-amending or NON-terminating Party amble opportunity to either alter the proposed amendments or correct documented (written stated) defaults cited and either re-consider the proposed amendment or agree to the Terms of Termination. The limit to this time period to respond is ten (10) Business Days beyond which the initiating Party may hereby pursue any and all means to secure legal remuneration, payments and multimedia content delivery.

TERMS OF ADDENDUM OR AMENDMENTS

Both Parties agree to the following Terms of Addendum or Amendment:

1. Specific Terms of Addendum or Termination: Upon written Request For Termination, both the Terminating Party and the NON-Terminating Party may submit written requests for the specific Terms of Termination. Example: If a multimedia asset is still outstanding (i.e. “In Process” of Ideation, Strategy, Pre-Production, Production, Post-Production or live Posted Social Media Feed, Website or any other means of digital or physical distribution, BOTH Parties may request specific terms of how to arrange final delivery of said multimedia / materials. In good faith, BOTH Parties hereby agree to satisfy these terms, provide all multimedia requests or complete any outstanding services during the Final Term Period.

2. This Services Agreement may be modified or amended in writing, if the writing is signed by all parties obligated under the addendum or amendment. (See Above “Addendums” Terms) 

GOVERNING LAW 

This Services Agreement shall be governed by the Federal United States Copyright & Intellectual Property Laws as well as the Laws of the State of Montana. 

SIGNATORIES 

This Services Agreement is effective as of the date first written above and, by its digital completion and submission via https://www.dansmargphotography.com Form Submission protocols, shall be accepted and agreed upon by DAN SMARG PHOTOGRAPHY (Dan Smarg) by its Founder, Dan Smarg.  

CUSTOMER DIGITAL SIGNATURE & SUBMISSION NOTICE  

***If you agree to the terms stipulated by this Services Agreement, please complete the form below and digitally "sign" this Service Agreement by submitting it.***

YOUR SUBMISSION IS CONSIDERED TO BE YOUR SIGNATURE 

YOUR SERVICES AGREEMENT FORM