Terms and Conditions

The tabs “General” and “Aerial” are documents for any and all clients of ACCP. The tab “Terms of Use” is for all users using ACCP’s web services and property.

This legal document will be refered to as “ACCP-Legal-Doc-1”

    1. DEFINITIONS
      1. For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. no Agency or intermediary), all references in this agreement to both “the Agency and “the Client” shall be interpreted as references to the Photographer’s Client.
      2. For the purpose of this agreement the “ACCP” means Alex C Chan Photography, including his assignees, sub-licensees and successor in the title.
      3. “Images” means all visual representations furnished to the Client by Photographer, whether captured, delivered, or stored in photographic, magnetic, optical, or any other media.
    2. COPYRIGHT
      1. Client acknowledges that ACCP is the author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of ACCP without limitation.
      2. Digital files may contain copyright and other information embedded in the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes a violation of the Copyright Act.
      3. The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to ACCP to enable them to deliver the product(s) or service(s). The Customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations.
      4. ACCP retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Order. The Customer agrees to indemnify ACCP in the event of any breach of copyright claims being brought against ACCP in respect of material supplied by the Customer.
      5. No electronic publishing, or Internet use, of any kind is permitted unless specifically stated.
    3. USE
      1. When Agency or Client pays ACCP in full, the Photographer grants the Agency or Client a limited license to use the Images for purposes stated in the invoice. Unless different license terms are stated in the invoice, this license is revocable, worldwide, non-exclusive, non-transferable, and non-sublicensable. If the invoice allows Agency or Client to reproduce the Images, this right to reproduce does not grant the Agency or Client to any intellectual property rights, including copyrights, in the Images.
      2. Agency or Client shall not use the Images until Agency or Client has paid ACCP in full.
      3. Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date. In the event that ACCP gives Agency or Client written permission to use the Images before Agency or Client has paid ACCP in full, Agency or Client acknowledges that their license to use the Images automatically ends if Agency or Client fails to pay ACCP by 5:00 PM Eastern Time on the day that the payment is due.
      4. In the event that the Agency or Client desires to use the Images for purposes other than the allowed uses stated in the invoice, the Agency or Client must contact the ACCP to seek permission. This will involve new fees.
      5. The parties agree that, if Client uses an Image in an unauthorized way, Client automatically owes ACCP, as liquidated damages, three times the Photographer’s customary fee for such use or $2,000.00 USD, whichever is greater. Any Image(s) may not be used in a logo, corporate identity, trademark or other service marks.
    4. EXCUSIVITY
      1. Unless the ACCP agrees otherwise in writing, this agreement does not create an exclusive relationship between ACCP and the Agency or Client.
      2. ACCP retains the rights in all cases to use the Images to include but not limited to ACCP’s self-promotion. ACCP understands that for public relations, media and marketing uses, the Client may desire to release the images first. In these cases, Agency or Client must notify ACCP at the time when Agency of Client delivers the signed invoice to ACCP.
    5. CONFIDENTIALITY
      1. Unless otherwise agreed ACCP will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Customer shall keep confidential any methodologies and technology used by ACCP to supply of the product(s) or service(s).
    6.  INDEMNITY
      1. Client is solely responsible for ensuring that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Images are obtained.
      2. Client acknowledges that ACCP gives no warranty or representation that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or Images of art depicted in the picture (“Permissions”). In the event that ACCP assists Client with obtaining Permissions, Client acknowledges that Client remains solely responsible for obtaining all necessary permissions.
      3. Client agrees to indemnify, defend and hold harmless ACCP, his employees, heirs, and agents from all demands, claims, suits, actions or liabilities resulting from claims, damages, losses, or costs that arise due to Client’s actions or omissions.
    7. ASSUMPTION OF RISK
      1. Whilst every care is taken in the handling of the Customer’s property, the client assumes full risk of loss or damage to or arising from materials furnished by Client to ACCP. The client also warrants that said materials are adequately insured against such loss, damage, or liability.
      2. ACCP and Client will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s).
    8. DATA PROTECTION, PHOTOGRAPHIC INTEGRITY, and ALTERATIONS
      1. The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of ACCP supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection.
      2. The client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of ACCP. Normal reproduction adjustments for color, contrast, brightness, sharpness, and cropping are permitted.
      3. Any alteration or modification of any Image(s) will not constitute a work of joint authorship.
    9. DELIVERY
      1. Unless otherwise specified in the invoice, ACCP may deliver, and Client agrees to accept, Images encoded in an industry standard data format that ACCP may select, at a resolution that ACCP determines will be suitable to the subject
        matter of each Image and the reproduction technology and uses for which the Image is licensed.
      2. It is the Client’s responsibility to verify that the digital data (including color profile, if provided) are suitable, and ACCP’s sole obligation will be to replace or repair the data, but in no event will ACCP be liable for poor reproduction quality, delays, or consequential damages for these requested changes.
    10. CANCELLATION & RESCHEDULING
      1. Cancellation
        1. To do our best work, we focus (no pun intended) on only one client per day. Once Client and ACCP have agreed to time(s) and date(s) for a photography assignment, ACCP will not accept work from any other client for the same time(s) and date(s).
        2. More than Seven Business Days in Advance: Client may cancel this agreement on the condition that Client provides more than seven business days in advance notice to ACCP and Client pays all expenses incurred by ACCP up to the time of cancellation, and Client forfeits any retainer Client paid to ACCP.
        3. Seven Days or Fewer: If Client fails to provide ACCP with more than seven business days notice and Client cancels this agreement, Client shall pay all expenses incurred by ACCP up to the time of cancellation, plus additional fees listed in the following chart.
        4. In the unlikely event we have to cancel your booking we will offer alternatives dates at no  extra charge to you.
          1. CANCELLATION BY US
          2. MECHANICAL BREAKDOWN INCLUDING TRAVEL TO VENUE & EQUIPMENT WERE BY ACCP PROVIDES TRANSPORTATION.
          3. WEATHER OR NATURAL DISASTURES
        5. Late Booking Charges or cancellations
          Time before the booking date Amount to charge
          2 weeks =
          deposit + 0
          1 week =
          deposit + 0
          3 days =
          deposit + 20
          2 days =
          deposit + 40
          1 day =
          deposit + 60
          Bookings made by you (the client) for a specific day are subject to an 80.00 cancellation charge (IF YOU CANCEL)

          If ACCP has full control of the Photo shoot/Filming (Selection of the day in our time calendar) their are no cancellation charges applied.

      2.  Rescheduling
        1. Generally: Either party may reschedule the Photographer’s services. Both parties agree to make every effort to reschedule any postponements such that ACCP will be able to perform within 30 days of either party rescheduling.
        2. More than One Business Day: If Client postpones the Photographer’s services by providing at least one business day notice in advance, the Client will pay for any expenses incurred by any postponement. If Client postpones the Photographer’s services, and the Client fails to agree on a reschedule date within the 30-day period, the parties will consider this as a cancellation by the Client, and the Client shall pay for ACCP’s expenses incurred up to the date of cancellation, and Client forfeits any retained paid to ACCP.
    11. REJECTION AND RESHOOTS
      1. Authorized Representative: Client is responsible for sending an authorized representative to the assignment so that the authorized representative can view and approve the unedited photographs during the photo-shoot. In the event that Client does not provide an authorized representative during the photo-shoot, Client acknowledges that Client must accept ACCP’s judgment as to the acceptability of the Images.
      2. Rejection: Unless a rejection fee has been agreed to in writing in advance, there is no right to reject on the basis of style or composition.
      3. Unless otherwise agreed, the Customer accepts the ACCP’s decisions on creativity within the product(s) or service(s). ACCP uses cameras and monitors that are color calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities.
      4. It is Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, ACCP’s sole obligation will be to replace or repair the data, but in no event will ACCP be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
      5. Reshoots: In the event that Client desires a reshoot (i.e. a second photo-shoot), Client will be charged 100 percent fee and expenses for any reshoot required by Client. For any reshoot required because of any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance or the fault of a third party, ACCP will charge no additional fee, and Client will pay all expenses. If ACCP charges for special contingency insurance and is paid in full for the shoot, Client will not be charged for any expenses covered by insurance.
    12. LIMITATION OF LIABILITY
      1. The parties intend to limit ACCP’s liability under this agreement. Client acknowledges that this limitation of ACCP’s liability is reasonable and fair. Client further acknowledges that ACCP’s pricing is based on this clause and, thus, this clause is a material term of this agreement. Accordingly, the parties agree that, in no event will ACCP’s liability exceed the amounts Client paid to ACCP under this agreement.
      2. ACCP accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s).
      3. All prices are subject to change. Unless previously stated in an agreement.
    13. PAYMENT
      1. When a retainer is required, the ACCP will not reserve a date and time until the retainer and a signed contract is received by the ACCP.
      2. Client shall strictly adhere to all payment deadlines as negotiated in this agreement.
      3. A 10% re-billing fee or $50 (whichever is greater) will be applied to any late payment per 30 days.
      4. Returned checks will incur an additional $30 charge.
      5. All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the Images or the licenses to use them.
      6. Payments (excluding retainer) using credit cards will incur an additional 4% charge.
      7. Title/licenses in the goods or services shall remain with ACCP until full payment has been received, unless otherwise stipulated in the Order.
      8. ACCP retains the right to charge out-of-pocket expenses incurred in providing the product(s) or service(s) – subject to being able to provide the Customer with proof of expenditure. All out-of-pocket expenses will be charged at cost.
    14. PHOTO CREDIT
      1. If a photo credit is specified in this agreement, all published usages of Images will be accompanied by written credit to ACCP or copyright notice. If no placement of a credit notice is specified in this agreement, no credit or notice is required. If a credit is required but not actually provided, Client agrees that the amount of the invoiced fee will be subject to three-times multiple as reasonable compensation to ACCP for the lost value of the credit line. This amount is liquidated damages, and not a penalty, and both parties agree that it would be difficult for ACCP to determine the amount of losses incurred as a result of Client’s failure to provide photo credit.
    15. ELECTRONIC STORAGE
      1. ACCP strives to keep backups of all data. Although this is true, unless otherwise specifically provided elsewhere in this agreement, ACCP has no obligation to retain or archive any of the Images after they have been delivered to Client. Client bears the sole risk for data backup and storage. In the event that the Client requests backup files from ACCP, ACCP will charge Client a backup fee. ACCP cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.
      2. Images that the Client has not paid for, have not selected, and/or not been shown, will be deleted.
      3. The client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases ACCP and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by ACCP becoming unusable.
    16. DISPUTES
      1. Except as provided in 14.c. below, any dispute regarding this agreement shall, at ACCPs sole discretion, either:
        1. Be arbitrated in Maryville, TN, under rules of the American Arbitration Association and the laws of Tennessee; provided however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof.
          OR
        2. Be adjudicated in Knoxville, TN under the laws of the United State and/or of Tennessee.
      2. In the event of a dispute, Client shall pay all court costs, ACCP’s reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of ACCP.
      3. Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by ACCP under the Copyright Act of 1976, as amended, including subsidiary and related claims.
    17. GENERAL
      1. Waiver: The waiver by either party of a breach or violation of any provision of this agreement shall not constitute a waiver of any subsequent or other breach or violation.
      2. Modification: This agreement may not be amended, changed, or supplemented in any way except by written agreement signed by both parties. Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall not accept liability for any error in executing the order.
      3. Severability: If any provision of this agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
      4. No Construction Against Drafter: The parties agree that each has had a chance to consult with legal counsel before signing this agreement and both parties agree that neither will be considered as the drafter of this agreement. Accordingly, the parties agree that no principle of construing an agreement against the drafter will apply in the event of legal action between the parties.
      5. Third Parties: There are no third-party beneficiaries to this agreement.
      6. Force Majeure: Except as provided in the Rejection and Reshoots section of this agreement, neither party will be liable for failure or delay in the performance of any duties under this agreement when such delay or failure is due to causes beyond the party’s control that could not have been avoided by the exercise of due care, including, but not limited to, acts of God; natural disasters; riots; war; epidemics; terrorist activities; government restrictions; failure of suppliers, subcontractors, or carriers; or the like. The impacted party shall give the other party notice of the failure or delay as soon as possible.
      7. Heirs/Assigns: Both parties agree that this agreement will be binding on their heirs and permitted assigns.
      8. Counterparts: This agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Scanned signatures, faxed signatures, or electronic signatures in Adobe Acrobat are binding on the parties.

Newest Revision – 1.6.18

This legal document will be referred to as “ACCP-Legal-Doc-2”. Legal document ACCP-Legal-Doc-1 supersedes this document. Anything listed in ACCP-Legal-Doc-1 can and will be applied to this document. Consider this document, ACCP-Legal-Doc-2, as additional information that has been added to ACCP-Legal-Doc-1 but only pertains to clients requesting aerial services.

ACCPhotography will not:

  • Fly within 5 miles of any class A or B airport/airspace (Contact ACCP to make sure your location is within those thresholds)
  • Fly before sunrise and after sunset
  • Fly over 400ft
  • Fly in restricted airspace
  • Fly in national parks
  • Fly directly over any person

ACCP does hold a part 107 FAA license to fly commercially. ACCP will follow and abide by the rules and regulations set forth by the FAA under the part 107 rules. Waivers for general rules under the FAA part 107 are possible. However, such waivers will have to be discussed with ACCP in advance. Clients must contact ACCP with at least a 100 calendar days notice (10 for ACCP and 90 for FAA). ACCP will retain the right to not be responsible for obtaining the proper waivers for the desired services provided by ACCP.

Newest Revision – 1.6.18

  1. CHANGES TO THESE TERMS
    1. We may update these Terms from time to time. Changes to these Terms will become effective when posted and will apply to all access and use of this Property as of the effective date. We will make an updated version of these Terms accessible through the Property with a revised effective date, to let you know that we updated them. You should check this page from time to time so you are aware of any changes, as they are binding on you.
  2. AVAILABILITY
    1. Our goal is for our Properties to be available 24 hours a day, 7 days a week. However, there will be occasions when access to this Property will be interrupted for maintenance, upgrades, or other reasons, including reasons beyond our control. The features of, and content accessible through, this Property may be changed, suspended, retired, interrupted, or otherwise modified at any time without notice. We are not liable if for any reason all or any part of this Property or any User Content is unavailable at any time or for any period. We make no representation that this Property is appropriate for use, or will be available for use, in all geographic locations.
  3. USE
    1. When Agency or Client pays ACCP in full, the Photographer grants the Agency or Client a limited license to use the Images for purposes stated in the invoice. Unless different license terms are stated in the invoice, this license is revocable, worldwide, non-exclusive, non-transferable, and non-sublicensable. If the invoice allows Agency or Client to reproduce th

Latest revision: 10.5.16