AGREEMENT
This Agreement governs the terms by which clients of SuperStar 4 a Day® obtain the right to use our paparazzi experience, and other media content provided by SuperStar 4 a Day and its web site services located at www.superstar4aday.com. This Agreement is in addition to the Terms of Use applicable to this Site and to all persons providing ideas and concepts such as content entered into. In the event of any inconsistency between this Agreement, the Terms of Use, the terms of this Agreement shall govern.
1. Agreement Understanding
(a) This document, and it contents have many important provisions that affect your rights and obligations.You accept this Agreement either for yourself or on behalf of the person(s) or the entity that is identified as the SuperStar, and agree to be bound by its provisions. If you are accepting on behalf of or the entity that is the SuperStar, you represent and warrant that you have full legal authority to bind into or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept the Agreement and do not request this or any service provided by SuperStar 4 a Day.
(b) In this Agreement: (i) “you” or the “Client” means you or, if you are accepting services from SuperStar 4 a day, then all services will be paid in full prior to services date; (ii)SuperStar 4 a Day operates under current photography which is referred to digital (iii) “Content” means any photographic image, illustration, animation, Flash file, film or video footage, visual representation generated optically, electronically, digitally or by any other means or in any media or other material provided by SuperStar 4 a Day fall under copyright material, together with any accompanying material.
2. Standard License Terms
All other rights in and to the Content, including, without limitation, all copyright and other property rights relating to this Content, are retained by SuperStar 4 a day or the supplier of the Content.
3. Standard Uses
(a)SuperStar 4 a Day is a service provided to said client as a service of fun and entertainment, the service and its photographers are not legal paparazzi's unless otherwise stated. The service(s) are provided to said client at set prices, custom packages will carry extra charges set by SuperStar 4 a Day: pricing may change during seasons and events (i.e. prom, home coming, sporting events and certain dates during the calendar year).
(b) Booking an event in advance will hold the date for that booking, any changes to the event date may cause a loss for that date. All bookings must be completed within 1 week prior to the event, seasonal and local holidays need to booked within one (1) month of the event (i.e. 4th of July, sporting events, corporate parties). All bookings will require $100 US dollars down payment to hold the date of the event. Canceling booked event may cause a loss in down payment,canceling an event must be done two (2) days before the event date, events booked during seasonal holiday's, sporting events and or events set by a city or county known as local holidays must be canceled one (1) week before the event date, deposit may be lost if event is not canceled within specified canceling times listed within. If weather is a factor for the booked event (i.e. act of nature), rescheduling or the deposit may be returned. Any deposit returned to said client will be in a form of check and returned within 30 calendar days.
(c) Corporate Uses. Subject to the restrictions described under Corporate Uses below, the following are “Corporate Uses” of Services:
Corporate events must be booked within one (1) month of event, representative from SuperStar 4 a Day will meet with said client for FULL understanding of the event being booked. Corporate events require a deposit based on the needed time for each photographer. Phone conversations will require an electronic mail known as e-mail, outlining phone conversation of changes and or updates. Corporate events paid with invoice will be held to net 17 ( INVOICE PAID WITHIN 17 DAYS OF INVOICE DATE ) Late payment will hold a 7.5% late fee per day on the entire amount invoiced, UNTIL INVOICE IS PAID IN FULL. Client agrees to invoice terms set by SuperStar 4 a Day unless otherwise noted in contract or agreement.
(d) Booking an event with an Entertainment Company will occur a booking fee set by the said entertainment company. These fees will be applied to the invoiced event date set by the said client " YOU " and will be applied as an additional charge, these charges will be invoiced by SuperStar 4 a Day and to be paid to SuperStar 4 a Day. SuperStar 4 a Day fees and charges are not in any way associated with said entertainment company. Invoice procedures ONLY apply to corporate events listed in section (3.c) all other events are PAID in FULL listed in section (3.e).
(e) Packages are set as examples, any and all packages can be altered to fit each event. Each package is priced for that event, extra work and or time will need to be completed at time of booking each event. Packages to be PAID in FULL prior to each event. Corporate events are listed in section (3.c). No event can be altered during the event unless approved by onsite supervisor. Charges may apply if event is altered, payment is to be made for extra time and or alterations of set event at the time of event.
(f) Web picture access for each event is set for a period of one (1) month, said client will receive an electric mail known as e-mail with a link to access online pictures. Pictures are view in Adobe Flash®, and will be up to said client to download to any plug ins for this application to view online access pictures.
(g) All pictures will be burned to CD and mailed to said client, pictures of each event are stored on SuperStar 4 a Day servers for a period of one (1) year. Client may request pictures and or CD as extra copy, charges may apply.
(e) Dinner at Charley's Steak House, Super Star 4 a Day will cover up to $200.00 US Dollars. Super Star 4 a Day will present the said client with a gift certificate in the amount of $200.00 US Dollars for Charley's Steak House. If the package dinner is NOT at Charley's Steak House Super Star 4 a Day will give said client an American Express Gift Card in the amount of $150.00 for a restaurant of choice.
4. Term of Agreement
(a) This Agreement is effective until services are complete or terminated. You can terminate this Agreement by calling SuperStar 4 a Day with the date of set event. Photographers for SuperStar 4 a Day can not be put in harms way to cover an event, supervisor of the event has complete control to cancel the event if harm is shown or in harms way for any of its employees. If event is canceled by active supervisor refund is not permitted, and the event will be terminated.
(b) ALL WRITTEN CONTENT IS PROVIDED “AS IS” WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SUPERSTAR 4 A DAY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE EVENT PROVE DEFECTIVE, YOU (AND NOT SUPERSTAR 4 A DAY) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS AND OR LOSS OF EVENT.
(c) Certain jurisdictions not permitted during events, this would include DOWNTOWN SPOTS, CLUBS, RESTURANTS, PUBLIC AND CITY BULIDINGS and all that implies within city or county limits. SuperStar 4 a Day will not break laws governs by city, county or state laws.
(d) All material, including but not limited to, articles, graphics, Flash files, sound files, and programming code, are protected by United States copyright © law. Unless otherwise indicated, these are the property of SuperStar 4 a Day and may not be used without the prior written permission of SuperStar 4 a Day. (i) Pictures and images used in conjunction with istockphoto, 123 Royalty Free fall under licence agreement and ownership.
(e) Permission is never granted for commercial use of copyrighted © material, in whole or part. Use is granted, with proper permission, for personal or nonprofit use, providing no more than one article, one graphic file, and/or one sound file is used on any one web site or in any single print publication.
5. DISPUTE RESOLUTION
If a dispute arises out of or related to this Agreement or the breach thereof, the parties will attempt to settle the matter between themselves. If no agreement can be reached the parties agree to use mediation with a mutually agreed upon mediator before resorting to a judicial forum. The cost of a third party mediator will be shared equally by the parties. In the event of litigation, the prevailing party will be entitled to reimbursement of all reasonable costs and attorneys' fees. The parties mutually agree that a similar dispute resolution clause will be contained in all other contracts executed by Client concerning or related to this contract and all subcontracts executed by SuperStar 4 a Day.
6. Contact
If you have concerns relating to this Agreement, please contact SuperStar 4 a Day via phone at (813) 758-8931.
7. Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF SUPERSTAR 4 A DAY TO PROVIDE AN ENTERTAINMENT SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND SUPERSTAR 4 A DAY, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND SuperStar 4 A DAY RELATING TO THE SUBJECT OF THIS AGREEMENT. |