Terms of use
This site is owned and operated by Kanani Aiu. All the content that's available on this site, including but not limited to: photographs, illustrations, images, and text is owned by Kanani Aiu unless otherwise specified.
All content on this site is protected by both US and international copyright laws. No form of reproduction, including the copying or saving of any digital image, audio, video, or text files on this website or the alteration or manipulation of any of these said image, audio, video, or text files is permissible. This content cannot be included in any other publication or product, or any other website or computer unless accompanied by a written sales agreement or written permission by Kanani Aiu. It is understood that you also agree to any other copyright agreements related to any content on this site.
terms and conditions
deposit and payment
The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. If the Client refuses delivery of the order or refuses to pay within thirty days of this order, Client shall be in default hereunder and shall pay percent interest on the unpaid balance until payment is made in full.
cancellation
If the Client shall cancel this Agreement or more calendar days before the session date, and deposit paid to the Photographer shall be refunded in full. If Client shall cancel within days of the session date and if the Photographer does not obtain another assignment for that time, liquidated damages shall be charged in a reasonable amount not to exceed the deposit.
photographic materials
All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make proofs and previews available to the Client for the purpose of selecting photographs, but such proofs and previews shall be on loan. The Photographer may, with the Client's permission, make the proofs available on a Web site or CD-ROM.
copyright and reproduction
The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer's portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer's studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.
client's usage
The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for reproduction, Photographer authorizes Client to reproduce the print only as set forth under Special Usage Requirements on the front of this form. In such event, Client shall request that a credit for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.
failure to perform
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer's illness, then the Photographer shall return the deposit to the Client but shall have not further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client's order.
photographer
The Photographer may substitute another photographer to take the photographs in the event of Photographer's illness or scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
inherent qualities
Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
standard price list
The charges in this Agreement are based on the Photographer's Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
clients originals
If the Client is providing original prints, negatives, or transparencies owned by the Client to the Photographer for duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for an amount in excess of $per image.
arbitration
All disputes arising under Agreement shall be submitted to binding arbitration before in the following local and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less then $.
miscellany
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Nevada