Updated as of 2022:
Client agrees to supply Provider with all necessary content, information and samples for the Project, including but not limited to tracking information, products, copy, text, inspiration, direction, and images, within the requested timeframe and format. Project timelines are contingent on receipt of content and samples. If Content or Samples are not delivered within the agreed upon timeframe all subsequent delivery dates will be altered at 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 usual shoot wear and tear to the items. Klickpicks is not responsible for any reasonable damage as a result of a shoot.
Client agrees that there are specific terms determined subsequent to Project Agreement that may alter scope. 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:
• Service Fees
• Location Fees
• Sourcing Fees
• Casting, Talent + Model Fees
• Prop, Wardrobe + Look Fees
• Equipment Fees
• Design Fees
• Content Fees
• Editing Fees
• Any other fees associated with Client Requests at Klickpicks discretion
If Client requests any add ons or changes, they must do so during the Booking or Pre-Production phase within the parameters of the package purchased. Final confirmation documents will dictate the final look of shoot. The package purchased determines what confirmation documents and customizations a client is entitled to receive for their shoot. Anything requested after the project terms are agreed to will be added at Klickpicks discretion and Client agrees to pay the associated fees, plus any RUSH fees if added less than a week from confirmed shoot date.
Client agrees that there are instances that may delay or alter the shoot that are out of Provider’s control.
Conditions may include but are not limited to:
• COVID-19 + Other Global Health Restrictions
• Labor Shortages
• Weather Conditions
• Model Conflicts
• Acts of God
If conditions arise that are outside of Provider's control, Klickpicks will contact Client if there are any available options - some of which may include added additional fees. If there are added fees due to one of the mentioned items above, Provider and Client will share any additional production fees. Depending on scope, if there are no options, Klickpicks will proceed with the best choice made with the client brand in mind. There will always be one option to proceed as it with no added fee, conditions notwithstanding, however Client agrees that this may impact the final scope of promised deliverables and will accept shoot as is. If Client agrees to increase scope to accommodate for an unforeseen circumstance, 50-100% of payment will need to be submitted within 1 business day. 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 client requests to be present at shoot additional fees may apply at Klickpicks discretion. If under a fixed rate package any disturbances to the schedule/scope requested on set will be billed for. Any client representatives on set are not permitted to capture any footage on any personal devices. Client Representatives will have to arrange own personal transport as well as present a negative Covid Test the day of the shoot in addition to anything else Klickpicks requires.
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 need apply. Aspects may include but are not limited to:
• Locations
• Talent + Models
• Props + Wardrobe
• Weather Conditions
• Any other aspect of the requested shoot
Client agrees that they are receiving unedited .JPEGs and/or .MOVs unless otherwise specified. If .CR2 or other formats are needed, Client must make the request during package selection or pre-production (at Klickpicks discretion), which will incur additional fees. Klickpicks will send Client their Content Cloud link 20-25 business days from confirmed shoot date and have a 5 day grace period to ensure all content to satisfy their package is uploaded. Monthly Subscription Clients will receive their deliverables 15-25 business days from receipt of products if following the appropriate timelines and delivery deadlines. There must be 4-6 weeks lead time for most shoots* or RUSH fees will apply. *Some shoot locations will have longer lead times required.
If Client chooses one of our Edited Content packages (excludes light polishing), 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. Unless payment terms are outlined, it is assumed all payments are to be made in whole. Any payment needing to be split up into multiple payments is subject to an added fee. 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, default .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 samples to their shoot location unless otherwise notified and arranged. No samples are to be sent to us without proper confirmation from Klickpicks and Client must provide tracking information as soon as they have created the label. If Client sends samples to Klickpicks without the proper notification and tracking information additional handling fees will apply. Clients are responsible for shipping to/from Klickpicks. For large items such as ball gowns additional handling fees 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. Shoot dates will not be confirmed until we have the actual samples delivered to the shoot location. We only schedule shoots without product in hand on a case by case basis or if part of our travel program and then there is a sample delivery deadline. If a Client needs a shoot RUSHED and samples are delayed they will incur an additional holding fee. Samples must come to Klickpicks ready to shoot or prep fees will apply.
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 (50% of the retail price) of the individual sample if it is damaged (to the point of being unusable) or lost in transit of a travel shoot. Payment can be taken off of final project fee or paid in content at Klickpicks discretion.
Depending on the scale of their package, Klickpicks will submit all final shoot directions listed in an email or storyboards confirmed by Client within 1-3 business days prior to their shoot. If Client needs to change or add something they should notify Klickpicks, at their earliest convenience. 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 Final Confirmation Documents. Clients submit direction to Provider which is then transformed into a shoot at the creative interoperation of Klickpicks. Not all requests can always be accommodated and any out of scope changes will cause additional fees to apply.
With each project Client will be granted a full use license for all content purchased from Klickpicks in full perpetuity for all digital online archive and small print medium, two years for featured images with Klickpicks retaining main ownership of the IP. For billboards, national + international advertisements, and TV advertisements please contact us. 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. All clients must save a credit card on file and we will place a hold of 30% of the total shoot amount for any add ons.
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, starting two days after the 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 for a material breach of any provision of this Agreement by the other party. If a dispute arises, Client agrees that if they do not accept the options laid out by Provider the dispute will move to arbitration. A third party arbitrator will be selected at Klickpicks discretion in the state of New York. 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. Any invoices already paid to Klickpicks are non-refundable. 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. If the parties enter into any type of litigation or 3rd party arbitration, it freezes any current tasks including shipment samples until issue is resolved.