RealAssistOC Photographic Terms and Conditions         Return "Photographs(s)" means all photographic material furnished by photographer hereunder, whether transparencies, negatives, prints, digital media or otherwise. Except as otherwise specifically provided herein, all photographs and rights therein, including copyright, remain the sole and exclusive property of Real Assist OC. Client will not prevent photographer from making or permitting any alterations, additions or subtractions in respect of the photographs. Including without limitation any digitalization or synthesizing of the photographs, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known. Client will indemnify and defend photographer against all claims, liability, damages and expenses incurred by photographer in connection with any third party claim arising out of use of said material hereunder. Time is a factor for receipt and payment. No rights are granted until timely payment is made. Client may not assign or transfer this agreement of any rights granted hereunder. This agreement binds and inures to the benefit of photographer, client, client's principals, employees, agents and affiliates and their respective heirs, legal representatives, successors and assigns. Client and its principals, employees, agents and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and clients are bound by, oral authorizations for fees or expenses, which could not be confirmed in writing because of immediate proximity of shooting. This agreement incorporates by reference Article 2 of the Uniform commercial code, and the copyright act of 1976, as amended. Any dispute regarding this agreement shall be arbitrated in the state of Maryland under rules of the American Arbitration Association and the laws of the state of Maryland. Judgment on the arbitration award may be entered in any court having jurisdiction. Client hereby expressly consents to the jurisdiction of the Federal Courts with respect to claims by Real Assist OC under the copyright act of 1976, as amended. Re-shoots: Client will be charged 100% fee and expenses for any reshoot required by client. For any reshoot required because of an act of God or the fault of a third party, photographer will charge no additional fee and client will pay all expenses. Cancellations and Postponements: Client is responsible for payment of all expenses incurred up to the time of cancellations, plus 50% of photographer's fee. If notice of cancellation is given less than two (2) business days before the shoot date, client will be charged 100% fee. Weather postponements: Unless otherwise agreed, client will be charged 100% fee if postponement is due to weather conditions on location and 50% fee if postponement occurs before departure to location. Property Access and Missed Appointments: Client is responsible for entry to property by photographer, either by scheduled appointment with client, property owner, or by client providing keys at a designated location for pick up. If photographer cannot gain entry at the scheduled appointment time due to lateness of client or property owner, photographer shall wait no more than 15 minutes. If after 15 minutes client or property owner is still not present to allow entry, photographer shall leave and Client will be charged 100% fee. If client is providing keys for entry, it is the client's responsibility to ensure keys work. If keys do not work photographer shall leave and client shall be charged 100% fee. It is the Client's responsibility to ensure that all animals residing at property location are secured to prevent injury to photographer or interference with tour shoot. Real Assist OC retains for life reproduction and display rights to all photographs for use in providing images to future clients, so long as they are deemed public in nature, photographic competition, promotional materials and any publication of an original manuscript or portfolio presentation for trade or other use. "Public in nature" shall be any subject media that would be visible to the general public from the location the subject media was captured without the requirement of special access being granted by the client.