Product Photography

Terms of Service

Definitions

Definitions of Terms

  1. By placing an order through Pablo Creative LLC, you (sometimes referred to herein as “Client”) are agreeing to commission Pablo Creative LLC (sometimes referred to herein as “PABLO CREATIVE”) to create and deliver photography services and images to you and you are agreeing to be bound by the following terms and conditions (“Terms of Service”).  The services offered by PABLO CREATIVE under the Terms of Service include various photography services ( “Services”) and Images, which means all viewable renditions furnished by PABLO CREATIVE hereunder, whether captured or stored in photographic magnetic, optical, or any other medium whatsoever.

  2. PABLO CREATIVE reserves the right to update and change the Terms of Service by posting updates and changes to the PABLO CREATIVE website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

  3. By placing your order with PABLO CREATIVE, you acknowledge that you have read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement.

Payment

Ordering Photos - Payment is due in full at the time the Order is placed.

  1. Order Is Too Small

  2. If PABLO CREATIVE received more products to photograph than the number of images ordered, PABLO CREATIVE may, at its option, elect to:

  3. Photograph all provided products, contact Client and inform it of the discrepancy and request additional payment, or

  4. Place the order “On Hold” until such time as Client instructs which products should be shot and which should not be shot so that the total images do not exceed the number ordered.

  5. If PABLO CREATIVE elects to shoot all products, Client will be informed of such decision and PABLO CREATIVE will provide all images with a watermark until the balance due for the additional images has been paid.

Refund Policy

  1. All refunds are issued in the original form of payment and are subject to the processing times and/or fees of the applicable third-party financial institution.

  2. After 90 days, balances cannot be refunded, but will remain as a credit for any future orders.

  3. All refunds are final and will only be provided at the end of the order.
     

Image Approval / Disapproval Policy

Approval/Disapproval

  1. Client will be given an opportunity to approve or disapprove images at the conclusion of the photoshoot and only after all images are posted for Client download by responding to a PABLO CREATIVE email indicating that shooting has been completed (the “Approval Email(s)”).  

  2. Failure to respond for any reason within 15 days to the “Request For Approval” emails will result in those images being automatically approved.

  3. Once an image is approved by the Client, no future refunds can be issued or complementary redos, retouching or changes are allowed.

  4. In the event Client disapproves of an image, the following requirements must be satisfied:

  5. Disapproval must be expressly made to PABLO CREATIVE in writing specifying the objective reasons for disapproval. Because photography is a visual medium, it is advised to use visual mark-ups.

  6. If Client has complied with the PABLO CREATIVE shooting policy,  and PABLO CREATIVE has failed to substantially match the Objective Shooting Criteria pursuant to the instruction given by Client and Client provided Materials (which include, but are not limited to “comps,” drawings, illustrations, tear sheets, cell phone images, and reference urls), PABLO CREATIVE will photograph or retouch the disapproved images up to two times free.

  7. If Client has not complied with the PABLO CREATIVE General Instruction Shooting Policy or has otherwise left image composition up to the discretion of PABLO CREATIVE, then Client will not be entitled to a refund or reshoot and any refunds or reshoots will be offered in PABLO CREATIVE’s sole and absolute discretion.

  8. If Client requests a reshoot or Redo because of their dissatisfaction with lighting elements of an image, then PABLO CREATIVE will attempt to fix the image using retouching at no additional cost.

  9. If PABLO CREATIVE has reshot or retouched an image twice and Client still disapproves of the image and the image still fails to meet the Objective Criteria of the Materials provided by Client, then PABLO CREATIVE will work with Client to find a mutually acceptable remedy, which may include a complete refund of the purchase price.

  10. If the image cannot be sufficiently corrected to Client's satisfaction using retouching, then PABLO CREATIVE will have the choice to reshoot the image complementary or charge the Client for the cost of a new photo. 

  11. The use, display, or other dissemination of any image created by PABLO CREATIVE shall constitute Client’s acceptance and satisfaction of the image(s) at which time the Client shall be entitled to no further remedy for dissatisfaction with the provided image(s).  

  12. PABLO CREATIVE expressly retains all copyright and other intellectual property rights to all disapproved and refunded images, and any use, display, or other dissemination of disapproved or refunded images by Client is strictly prohibited.

  13. Once an order is refunded, that part of the order is closed, and no further adjustments or changes can be made.


Shooting Instruction Policy

Shooting Instruction

  1. Our view of shooting instruction can be summed by like this:

    1. If you show us how to shoot your product and we don't do it that way, then we'll redo it for free.  

    2. If you don't tell us how to photograph your product and waive the right to instruction, then reshoots based on positioning are not complementary. Basically, if you don’t tell us how to photograph it, then we won’t know how to photograph it.

  1. Verbal instruction given will not constitute shooting instruction. Shooting instruction must be made in written form.

  2. The Client may waive the right to shooting instruction in writing and allow the photographers to decide how to photograph the items.  The Client will not receive complimentary redo’s or reshoots on these photos.

  3. Unless the Client waives the right to shot instruction, Clients are required to submit Materials sufficient to provide PABLO CREATIVE with clear instruction and instruction on how images should be shot. Such Materials include, but are not limited to “comps,” drawings, illustrations, tear sheets, cell phone images, and reference urls.

 

Product Quality and Resulting Image

  1. Product Quality

    1. To ensure PABLO CREATIVE is able to produce the highest possible quality image, Client agrees that all products provided for shooting will be in substantially similar condition as those appearing in the Client provided Materials. This includes, but is not limited to color, size, label position and content, packaging, etc.

    2. PABLO CREATIVE is not responsible for any damage or loss to products provided by Client to PABLO CREATIVE for photographing unless such damage or loss occurs while the product(s) is in actual physical possession of PABLO CREATIVE.

    3. In the event a provided product contains minor flaws (i.e. minor discoloration, dings, dents, scuffs, etc.) PABLO CREATIVE may, at its option retouch the images at no additional cost to the Client, however it is under no obligation to do so.  

 

Turn Around Time & Delays

Turn Around Times

  1. Turnaround times begin at the time indicated on the timestamp of the email PABLO CREATIVE sends Client indicating that the Client provided products have been checked in to the PABLO CREATIVE ordering system.

  2. PABLO CREATIVE offers a 7-business day or less turnaround time.

 Late Orders

  1. If the initial image delivery (not redo’s) is delayed due to PABLO CREATIVE’s negligence, Client may request a refund on the per image photography fee of five percent (5%) for every 24 hours the image(s) has been delayed.

Reorder Turn Around Times

  1. Turnaround time on a change/redo order request is 5 business days from the time the request is received.
     

Image Ownership and Usage & Copyright

Copyright Licensing Agreement

  1. PABLO CREATIVE retains all ownership rights and copyright of all images that we create of your product, as is common in the photography industry.

  2. Included in the purchase price of your order is a comprehensive license to your images. Specifically, we grant you a worldwide, royalty free, perpetual license to use and display your purchased images, in an unlimited number of mediums, with unlimited alterations for any promotional and advertising usage you see fit.

  3. You agree that you may not re-license or sell ownership of the images to anyone else.  This includes reselling the images or placing them in stock for profit and it is a violation of the copyright agreement.  You may, however, allow other retailers such as Amazon or selling sites to use the images to promote the sale of their products.  If you are a wholesaler, then you may allow your retailers to use the photos.

 

Image Sizing & Resolution

Image File Type Delivery

  1. PABLO CREATIVE will deliver a .tiff file and an “Amazon ready” .jpeg file.  

  2. PABLO CREATIVE will not be held responsible resizing or reformatting images to fit your specific uses.

  3. PABLO CREATIVE does not deliver layered PSD files.  The .tiff format carries all the same properties of a PSD file but at a smaller file size.  PABLO CREATIVE uses advanced retouching techniques and those layers will not be delivered as they are flattened in the retouching process and are mostly unusable except during processing.

  4. PABLO CREATIVE also will not deliver raw files.
     

Image Retouching

Basic Retouching Included In Base Price:

  1. Remove background so it is white around the outside of the product.

  2. Removing dust and basic scratches on the products.

  3. Enhancing the natural color & contrast of the product.

  4. Fixing a small dent in a product.

 

Products Shipped To Us

Products Shipped To Us

  1. After placing an Order, Client is responsible for arranging shipment of the products to be photographed to PABLO CREATIVE at:

    PABLO CREATIVE
    1201 E Yelm Ave Ste 400 PMB 395
    Yelm, WA 98597

     

  2. Client will place the confirmed order placement in the shipment.

  3. All costs associated with shipping products to PABLO CREATIVE are the sole responsibility of the Client. Client bears the risk of damage or loss until the products are delivered to PABLO CREATIVE’s address set forth above and accepted by PABLO CREATIVE.

  4. PABLO CREATIVE is not responsible or liable for any damage or loss that occurs to the products during shipping. Client warrants that the products are adequately insured against damage or loss and agrees to hold PABLO CREATIVE harmless for any such damage or loss occurring during shipment to PABLO CREATIVE.  
     

Lost, Damaged Or Stolen Products

  1. Once the products arrive at the PABLO CREATIVE studio they will be checked for damage, which, if present, will be reported to the Client within 24 hours.

  2. Once received by PABLO CREATIVE and checked into its system, PABLO CREATIVE will assume possession over the products.  If an item is lost, damaged or stolen while in possession of PABLO CREATIVE, then PABLO CREATIVE will reimburse Client for such damage or loss up for the repair cost or replacement cost of the damaged or lost product up to a maximum amount of $10,000 per Client.

  3. For damaged or lost products deemed irreplaceable by PABLO CREATIVE, in its sole and absolute discretion, Client will be reimbursed the repair or replacement cost for the product(s), as reasonably determined by PABLO CREATIVE. Repair or replacement amounts will be distributed to Client within 30 days of PABLO CREATIVE’s receipt of such amounts from its insurance carrier.

  4. PABLO CREATIVE is not responsible or liable for any damage or loss arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, weather events, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

 

Disputes

  1. Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of PABLO CREATIVE. Client, Client’s principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties.

  2. The parties agree to use their best efforts to resolve any dispute between them related to the obligations set forth in these terms by good-faith negotiation and mutual agreement. However, in the event that the parties are unable to resolve any dispute any unresolved disputes shall, at PABLO CREATIVE’s option, be finally settled in accordance with an arbitration proceeding. Arbitration proceedings shall be conducted under the Rules of Commercial Arbitration of the AAA (the "Rules"). The arbitration panel shall consist of one arbitrator. The Members shall select one neutral third party AAA arbitrator (the "Arbitrator") with expertise in the area that is in dispute. If an Arbitrator has not been selected within five (5) business days thereafter, then an Arbitrator shall be selected by the AAA in accordance with the Commercial Arbitration Rules of the AAA. The arbitration proceeding shall be held in Pierce County, Washington. The arbitrator shall promptly conduct proceedings to resolve the dispute in question pursuant to the then existing Rules. In any final award and/or order, the arbitrator shall apportion all the costs (other than attorney's fees which shall be borne by the party incurring such fees) incurred in conducting the arbitration in accordance with what the arbitrator deems just and equitable under the circumstances. Any action or proceeding subsequent to any Award rendered by the arbitrator, including, but not limited to, any action to confirm, vacate, modify, challenge or enforce the arbitrator's decision or award shall be filed in a court of competent jurisdiction in the same county where the arbitration was conducted, and Washington law shall apply in any such subsequent action or proceedings. Alternatively, PABLO CREATIVE may, in its sole option seek relief through the state or federal courts located in Washington state.
     

General Conditions

These Terms of Service shall be governed by and interpreted in accordance with the laws of the state of Washington, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the state of Washington with respect to any dispute or claim arising out of or in connection with the Terms of Service.
 

© 2020 by Pablo Creative

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