Contract & Agreement Templates Terms & Conditions
IMPORTANT NOTE:
YOU ARE NOT PERMITTED TO SELL OR DISTRIBUTE THIS CONTRACT / AGREEMENT TEMPLATE TO ANY PERSON. INFRINGEMENTS OF THESE TERMS AND CONDITIONS WILL BE PURSUED BY LAW.
By clicking “ACCEPT” during the checkout process, you agree to the following terms and conditions:
This is a licensing agreement (Agreement) between you and Documentary Family Photographers Worldwide Limited (DFP) and its affiliates (dfpeducation.com, dfpworkshops.com, documentaryfamilyphotographs.com), referred to as DFP.
Documentary Family Photographers (DFP) is not an attorney and does not and is not authorized or licensed to provide legal consultation or advice. The Agreement for Photography Services (this “Agreement”) is a general contract applicable to United States federal and common law and may not address the laws or regulations of any individual state or country. Different states or countries may have different laws or regulations that affect the pursuit of business or commercial interests, the formation of contracts, the ownership or descent of intellectual property rights, or the rights or duties of both minor children and the guardians of minor children.
DFP has collaborated with Arce Stark & Haskell, LLP, a Washington D.C.-based boutique law firm specializing in intellectual property and with a wide experience working with professional photographers to offer a reduced rate for consultations regarding this Agreement and will help you adapt this Agreement to the laws and regulations of your jurisdiction, as well as the particulars and details of your business and process.
DISCLAIMER AND COPYRIGHT:
The purchase and use of this Agreement does not create any legal relationship between you and either DFP or Arce Stark & Haskell, LLP. Neither DFP nor Arce Stark & Haskell, LLP are your attorneys or legal representatives in any manner or under any jurisdiction. This Agreement is not meant to be used without personalized consultation from an attorney, and by purchasing and using the Agreement, you hereby waives, releases, and holds harmless both DFP and Arce Stark & Haskell, LLP from all claims arising from the use of this Agreement, including without limitation claims of malpractice or intellectual property infringement. This Agreement does not imply nor form any legal relationship, partnership, or other legal entity between DFP and Arce Stark & Haskell, LLP.
You agree that this Agreement is for your use only and you shall not make copies or disseminate the Agreement.
1. TERMS OF USE
Upon receipt of payment for a template purchased by you from DFP (the Template), DFP grants you with a non-exclusive license to download, edit and use the template for the purpose of your business, subject to the following restrictions on use.
1.1. License only: The Template is licensed, not sold to you. You receive no title to, ownership of or legal rights to the Template, other than to use the template for the purposes as set out in the Copyright Terms and Conditions provided to you on purchase of the Template.
1.2. Permitted use: You agree that you will not distribute the Template to parties other than your photography clients and that you will not distribute the Template to those clients in a way that allows them to reproduce or re-use the template.
1.3. No distribution: You agree that you will not display publicly, sell, sub-licence, share or make available for use the Template to any person.
1.4. No deconstruction: You agree that you will not reverse engineer, disassemble, decompile or attempt to derive any source code or base construction of the Template.
1.5. No refund: Due to the digital nature of the Template, once purchased, you are not entitled to a refund of any kind.
2. GENERAL TERMS AND CONDITIONS
2.1. Amendments: This Agreement may only be amended as agreed in writing by DFP.
2.2. No Liability: You agree to hold DFP harmless in any cause for damages, negligence, strict liability or tort in connection with this Agreement, even if such damages were foreseeable. Nothing in this Agreement shall create additional liabilities, remedies or causes of action against DFP. DFP shall not be held liable for any claims by third parties against you. DFP shall not be held liable for any claims by third parties based on any material requested by you for use in customising the Template.
2.3. Governing Law & Jurisdiction: Any claim brought under or pertaining to this Agreement shall be governed by Irish law and the Irish courts shall have exclusive jurisdiction.
2.4. Entire Agreement: This Agreement constitutes the entire Agreement between you and DFP with respect to the Template. No other communications or prior writings shall have any bearing on this enforceability of this Agreement.
2.5. Severability: The Parties agree to waive any provision of this Agreement that would render this agreement invalid or unenforceable. If a provision is determined to be invalid, it will be enforced to the extent permissible under the law.
2.6. Indemnity: You agree to indemnify DFP, its employees, shareholders, insurers, agents or officers, against any third-party claim, suit or proceeding against DFP resulting from any infringement by you of the rights of any third party in connection with your use of the Template.