ARTICLE ONE. TERMS.
- 13th Hour. The purpose of 13th Hour is to provide free family photography sessions to cancer patients with Metastatic Breast Cancer or MBC. Recipients are granted free photo sessions and digital images by a nomination and/or application process. 13th Hour may be referred to hereinafter as “13H”.
- 13th Hour Photographer. 13HP’s Volunteer Photographer may be referred to hereinafter as “13HP”. 13HP is a charitable division of Joe Leone Photography based in the Tampa Bay Florida area.
- Recipient. Recipient may be referred to hereinafter as “RECIPIENT”. A recipient is any individual who has been diagnosed with MBC and is in active treatment.
ARTICLE TWO. APPLICATION PROCESS.
- Application. Recipients will apply to receive a 13th Hour Session by completing the application found online at https://13thhour.org
ARTICLE THREE. LIMITATION OF LIABILITY.
- Release of Liability. While every reasonable effort will be made to create and deliver quality photographs, 13H and 13HP are hereby released from any claim, loss, injury, or damage arising or relating to this Agreement or the performance hereunder of 13H or 13HP. 13H and 13HP are also hereby released from any claim, loss, injury, or damage caused by the negligence of 13H or 13HP.
- Dissatisfaction. Due to the charity nature of 13H and the 13HP, satisfaction for sessions and/or photographs is not guaranteed. 13H and 13HP are hereby released from any claim, loss, injury, or damage due to dissatisfaction by recipient.
- Substitution. In the unlikely event of unforeseen illness or any other circumstances either in control or beyond the control of 13H or 13HP, 13H will use reasonable efforts to find a substitute photographer of high qualifications to serve as a substitute for the scheduled photographer. However, 13H is under no obligation to make a substitution, 13H does not guarantee that a substitute photographer will have the same credentials as the scheduled photographer, and 13H does not guarantee a photo session match.
- Photographer’s Judgment. All photographs will be taken at the 13H or 13HP’s sole discretion. 13H and 13HP will not be responsible for any of the following, which may result in a change in the length of a photo session or rescheduling a photo session: (1) recipient or recipient’s family members running late; (2) illness of recipient or illness of others; (3) weather; (4) recipient or recipient’s family members stuck in traffic; (5) acts of God; (6) poor planning by recipient; (7) lack of providing directions or shot lists to photographer. This list is not all-inclusive, and 13H and 13HP are not limited to the above-enumerated reasons alone.
ARTICLE FOUR. RECIPIENT RESPONSIBILITIES.
- Location and 13th Hour Session Information. If applicable, recipient is responsible for providing a map to locations, emergency telephone numbers, and a list of any special persons, places, or objects to be photographed.
ARTICLE FIVE. CANCELLATION POLICIES.
- Delay or Cancellation due to Recipient. If a photo session is delayed or cancelled due to the actions of the recipient, rescheduling will be at the discretion and schedule of the individual photographer. 13H cannot guarantee a rescheduled or re-matched session.
ARTICLE SIX. DAMAGE OR DESTRUCTION OF PHOTOGRAPHIC EQUIPMENT.
- Replacement, Repairs, and Destruction. If any photographic or other equipment used by 13H or 13HP during the course of 13H or 13HP providing photography or other services is damaged or destroyed by recipient, or recipient’s invitees, guests, affiliates, friends, or family members, recipient shall reimburse 13H or 13HP for 100% of the costs to repair such damage, including insurance deductibles, or in the case of destruction, 100% of the replacement cost of such equipment.
ARTICLE SEVEN. EXCLUSIVITY AND AUTHORITY.
- Exclusivity. 13HP will be the sole professional photographer working at the 13th Hour Session. No other photographs, professional or otherwise, are permitted to photograph these closed sessions, as they draw focus from the subject.
ARTICLE EIGHT. NO GUARANTEED IMAGES.
- Specific Image Requests. 13H and 13HP accepts input from recipients regarding family members, friends, and scenes to be photographed. 13H and 13HP cannot guarantee delivery of specifically requested image(s) although all efforts will be made if an appropriate amount of time and conditions is allotted to do so.
ARTICLE NINE. MODEL RELEASE.
- Model Release. A model released will be provided to each recipient, giving the recipient the option to allow the images from their sessions and the recipient’s first name to be used for marketing purposes. The release is optional, and permissions will be respected by both 13H and 13HP.
- Permissions. If the recipient agrees to allow both 13H and 13HP to use images from the session and the recipient’s first name for marketing purposes, the recipient gives permission to 13H and 13HP to use their names and photographic likeness in all forms and media for advertising, trade, and any other lawful purposes.
- Extension of Release. The release of the recipient is hereby extended to all other persons, objects, and scenes depicted within photographs. 13H and 13HP are hereby released from any disputes as to any persons, objects, and scenes that have not given express or implied permission to be photographed.
ARTICLE TEN. DELIVERY OF IMAGES.
- 13H will provide digital prints of images to clients.
- Digital Images. Upon receipt of images from 13HP, 13H will email a download link to the recipient for free download of all images.
- Time until Delivery. 13H and 13HP will make reasonable efforts to edit and submit photos within a reasonable time. 13H and 13HP make no guarantees regarding time of delivery for images, digital or otherwise.
ARTICLE ELEVEN. NOTICE OF COPYRIGHT AND FEDERAL COPYRIGHT LAWS.
- Ownership. 13H will own all copyrights for any and all images produced in connection with this agreement, including the exclusive right to reproduce images. 13H also retains the right to publicly display images if proper permission is given by recipient. As author of all images made hereunder and as provided by law, 13H and 13HP shall retain the copyrights in perpetuity, regardless of possession or ownership of photographs, digital files, or any other format of reproduction.
ARTICLE TWELVE. PERMITTED USES.
- Use by 13H. Recipient recognizes and agrees that 13H may reproduce, publish, exhibit, and otherwise use any images created hereunder, without specific identification of persons or events, as samples of their work to be shown to prospective clients, recipients, or 13HP members, and for instructional or institutional purposes including use in conjunction with televised or published interviews, consistent with the highest standards of taste and judgment. If a model release is signed, and 13H is granted permissions by the recipient to use the images from the session without regarding to recipient’s preferences, such use may be made. If a model release indicates that the recipient does not want images from the session used for public display, 13H and 13HP will respect those permissions. However, recipient agrees to hold 13H harmless against any and all claims arising from any published images.
- Use by 13HP. If a model release is signed, the individual photographer retains the right to use any of the images for their own marketing purposes, without regard to recipient’s personal preferences. Recipient agrees to hold 13HP harmless against any and all claims arising from any published images.
- Use by recipient. Recipient recognizes and agrees that all photographs created by 13H and 13HP are copyrighted, and may only be copied in any manner, including but not limited to photo, digital, video, photocopy, scanning, programs, greeting cards, slides, etc. with express, written permission by 13H and 13HP.
- Non-commercial use by recipient. Recipient may reproduce images created hereunder for personal, non- commercial use including reproduction of copies for family and friends.
5. Ban of commercial use by recipient. Recipient will not permit or assist in any commercial use or sale of the images without specific consent of 13H.
ARTICLE THIRTEEN. ACCEPTANCE OF COMPLIMENTARY PHOTOGRAPHY SESSION.
- Recipient agrees to allow 13H to blog the recipients story and photo session on the 13H website.
- Recipient agrees to share the blog post to their social media account(s).
- Recipient agrees to promote 13H by sharing the 13H website via their social media account(s) promoting for donations.
- Recipient is NOT required to collect or obtain any donations to 13H.
ARTICLE FOURTEEN. MISCELLANEOUS PROVISIONS.
- Complete Agreement. This is the complete agreement between the parties concerning the subject matter hereof and all prior agreements are merged within.
- Florida Law to be Applied. This is a Florida agreement and is to be considered and construed as such, without application of the principles of conflicts of law.
- Time is of the Essence. Time is of the essence with respect to the recipient’s obligations hereunder.
- Jurisdiction and Venue. If any dispute arises in connection with or relating to the Agreement or relating to a claim which arises hereunder, then the parties agree that such claim shall be heard in the courts of Tampa, Florida, and the parties waive any defense of personal jurisdiction or lack of venue and consent to the personal jurisdiction of the Tampa, Florida courts.
You can download a .pdf copy of the recipient terms and conditions here. Recipient Terms and Conditions