Client agrees to supply Provider with all necessary content for the Project, including but not limited to samples, copy, text, inspiration, direction, and images, within the agreed upon timeframe and format. Project timelines are contingent on receipt of content. If Content is not delivered within the agreed upon timeframe all subsequent delivery dates will be altered to the discretion of Klickpicks. If Client supplies artwork, graphics, photos, or product images for use, Provider assumes that Client has the right to use them and are not using copyrighted materials from someone else's website or other source. If Provider supplies graphics, photos, or product images we will use royalty free or purchase from the owner so we have full rights to use them. Provider will perform development and support services in accordance with standards prevailing in Client’s industry, and in accordance with applicable laws, rules or regulations. Client acknowledges that samples will be shot outside where they are exposed to the elements that may result in damage to the product.
Client agrees that there are specific terms determined subsequent to Project Agreement. Additional fees may apply if Client requirements are outside of original scope. All additional fees will be submitted to Client prior to purchase. Fees may include but are not limited to:
• Location Fees
• Sourcing Fees
• Casting, Talent + Model Fees
• Prop, Wardrobe + Look Fees
• Equipment Fees
Client agrees that there are instances that may delay the shoot that are out of Provider’s control.
Conditions may include but are not limited to:
• Weather Conditions
• Model Conflicts
• Acts of God
Provider reserves the right to change a shoot aspect for an equal value and similar aesthetic substitution without Client consent. Any complimentary services are based on a time contingency basis, if Client needs to confirm specific details additional fees apply. Aspects may include but are not limited to:
• Talent + Models
• Props + Wardrobe
Client will be presented with Project Materials and will have one round of in-scope edits/changes. If Client does not submit changes within 7 days or agreed upon timeframe; Provider reserves the right to modify the payment schedule. Provider reserves the right to determine whether submitted changes are in-scope or out-of-scope. Once a section is approved, any out-of-scope changes will require an additional work order. New project work outside of project scope and changes to existing approved projects requires approval of Change Order by both parties. Additionally if the scope is altered significantly, Provider reserves the right, in their sole discretion to amend the launch date and payment schedule to allow a reasonable amount of time to meet Client’s needs. Provider will deliver Project Materials in the agreed upon formats, if no format is specified formats will default to .jpeg for photos and .mov for videos. If Client requires RAW files additional fees may apply.
All samples are to be sent to Klickpicks NY 37th Street location and our production teams will transport the garments to their shoot location unless otherwise arranged. Clients are responsible for shipping to/from Klickpicks. For large items such as ball gowns additional shipping rates may apply. If an item needs to be sent directly to a shoot location due to timing constraints Provider is not responsible for samples that get lost or damaged during shipping and if it does not get there in time client must arrange return shipment details. A look consists of everything a model is wearing head to toe. Anytime we have to change out a product or make a change to the garment or take something on or off (even if just one item) that is considered a new "look". For each look additional fees apply. If shooting complimentary looks Provider is not responsible for shooting all looks if timing constraints apply.
All products are checked in and out of all locations and travel in bags with GPS trackers. Products are subject to normal shoot wear and tear. Provider is only responsible for the wholesale cost of the individual sample if it is damaged (to the point of being unusable) or lost in transit. Payment can be taken off of final project fee or paid in content.
Provider will submit all final shoot directions listed in storyboards confirmed by Client. If Client needs to change or add something they should notify their storyteller prior to shoot. If Provider does not hear from Client prior to the shoot they will assume everything is approved. Provider is not responsible for factors not listed in Storyboards. Clients submit direction to Provider which is then transformed into a shoot. Not all requests can always be accommodated and any out of scope changes will cause additional fees to apply.
Client cannot refuse content if the following was accomplished: A model was shot in a popular location wearing your product. Weather is a factor that is out of our control. Provider will do everything in their power to accommodate the mood of your shoot using the weather as our backdrop, but should you need a specific type a Weather Holding Fee will apply. If Provider deems Client is entitled to a refund of any kind Provider will deduct any amount owed for work completed up until that point and refund the remaining balance within 90 days.
With each project Client will be granted a full use license for all content purchased from Klickpicks in full perpetuity for all online and small print mediums. For all shoots up to our Concierge level including our subscription packages Client must tag @klickpicks on instagram for every photo posted from the shoot both final and BTS. If a shoot is completed but no content is purchased or bartered for the content remains the property of Klickpicks and no license is granted.
Client is aware that due to scheduling conflicts and factors outside of Provider's control there may be shoot changes while on the road such as model, storyline, styling etc. Provider will submit a package of headshots/bodyshots of up to 10 models for each project for Client to choose from. Provider will submit additional photos and measurements upon request. Any additional model options needed will require additional casting fees.
Payments are due immediately upon the provision of an invoice; delays in payment may cause delays in the Project Schedule. A fee of 20% per invoice will be applied for late payments of all outstanding Client invoices after agreed payment terms. Provider will commence work once initial payment is received. Final payment is due upon approval of deliverables. Client agrees not to disclose pricing or terms. This Agreement may be terminated by either party on provision of 30 days written notice to the other party, with or without cause, or by either party for a material breach of any provision of this Agreement by the other party, if the other party’s material breach is not cured within 30 days of receipt of written notice of breach. After termination of this Agreement for any reason Client remits payment immediately to Provider for all approved project services completed to termination date both invoiced and not invoiced and unpaid.