Terms of Service
Last Updated: 2025-02-22
Acceptance of Terms
By engaging our photography services, you agree to be bound by these Terms of Service. If you disagree with any part of the terms, please contact us before proceeding with any service.
Changes to Terms
GearArts LLC dba Phil Gear reserves the right to modify these terms at any time. We will notify clients of any changes by updating the 'Last Updated' date of these terms and providing notice on our website. **It is your responsibility to review these terms periodically for changes.**
Scope of Work
The specific details of each photography project, including deliverables, timeline, and fees, will be outlined in a separate proposal document (or contract/agreement). This proposal, when accepted, becomes part of these terms.
Intellectual Property Rights
Unless otherwise specified in the project proposal, GearArts LLC retains copyright ownership of all images created. Clients are granted a license for specific usage as outlined in the project proposal. Any usage beyond the specified license requires additional permission and may incur additional fees. **Unauthorised use of images is strictly prohibited.** **Content Authenticity:** GearArts LLC is committed to the principles of transparency and authenticity in digital content. In line with this commitment, we support the Content Authenticity Initiative (CAI) and, when applicable, provide Content Credentials with our delivered images. These credentials offer verifiable information about the creation and editing history of an image. For more information about the CAI and Content Credentials, please visit [https://contentauthenticity.org/](https://contentauthenticity.org/).
Client Responsibilities
Clients are responsible for providing necessary access, permissions, and materials required for the photography project in a timely manner. Clients also ensure that they have the right to use any logos, trademarks, or other proprietary content provided to GearArts LLC for inclusion in the photography. **The client shall indemnify and hold harmless GearArts LLC from any claims arising from the client's failure to obtain necessary permissions or clearances.**
Payment Terms
Payment schedules will be specified in the project proposal. A deposit may be required to secure a booking. **Final deliverables will not be released until full payment is received.** Late payments may be subject to late fees as outlined in the proposal.
Cancellation and Rescheduling
Cancellation fees may apply if a project is cancelled after booking, as outlined in the project proposal. Rescheduling may be accommodated based on availability and may incur additional fees.
Limitation of Liability
GearArts LLC's liability is limited to the amount paid for the photography services. We are not liable for indirect or consequential damages arising from the use of our services or products. **GearArts LLC is not responsible for loss or damage to images after delivery to the client.**
Image Editing and Retouching
Basic editing is included in our services as defined in the project proposal. Extensive retouching or special editing requests may incur additional fees.
Model and Property Releases
**The client is responsible for obtaining all necessary model and property releases for the agreed-upon usage.** GearArts LLC can assist in this process for an additional fee. The client shall indemnify and hold harmless GearArts LLC from any claims arising from the client's failure to obtain necessary releases.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions. Any disputes arising under these terms shall be resolved in the state or federal courts located in Multnomah County, Oregon.
Contact Us
If you have any questions about these Terms, please contact us at contact@philgearphotography.com.
Acceptance
By engaging our photography services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.
Contact Us