By completing this booking, you ("Client") agree to the following terms and conditions with Cody Smithies DBA FLOWW Media ("Provider"):
1. Representative Authority
The individual completing this booking confirms they are an authorized representative of the team, school, or organization listed and have the authority to agree to these terms on behalf of said organization.
2. Service Description
Provider will conduct a Media Day photography session at no upfront cost. The session includes team photos, individual player photos, and related athletic photography as agreed upon during booking.
3. Photo Access & Licensing
- Provider retains full copyright ownership of all photographs produced during the session.
- Coaches, school staff, and team administrators shall receive access to all photos at no cost.
- Players and parents must pay the advertised access fee at time of booking to view and download photos.
- Upon payment of the access fee, Client and authorized parties are granted a non-exclusive, perpetual license to use the photos for personal, print, and commercial purposes. This license does not permit resale of the photographs.
4. Exclusivity
Client agrees that for a period of sixty (60) days following the scheduled Media Day session, neither the Client nor any representative of the team, school, or organization will engage another photographer or media provider for substantially similar services (team photos, individual player photos, athletic media content) for use including but not limited to social media, printed banners, posters, and promotional materials. Live game action photography is excluded from this provision.
Breach of Exclusivity: If Client violates this exclusivity provision, Client agrees to pay Provider a fee equal to the advertised photo access fee per varsity roster player as liquidated damages. This fee is due within fourteen (14) days of written notice from Provider.
5. Cancellation Policy
Client must provide at least forty-eight (48) hours notice to cancel or reschedule a booked session. There is no fee for cancellations made within this window. Cancellations with less than 48 hours notice may result in the Client being deprioritized for future booking availability.
6. Reshoot Policy
If Client is unsatisfied with the delivered photos, one (1) reshoot session is included at no additional cost. Reshoot requests must be made within fourteen (14) days of photo delivery. Additional reshoots beyond the first may be subject to fees at Provider's discretion.
7. Additional Products & Services
Banners, prints, and other physical products are available for purchase separately. Pricing for these products is not included in the photo access fee and will be quoted upon request.
8. Delivery
Provider will deliver photos within a reasonable timeframe following the session, typically seven (7) to fourteen (14) business days. Client will be notified when photos are available for access.
9. Limitation of Liability
Provider's total liability under this agreement shall not exceed the total fees paid by Client. Provider is not responsible for delays or failures caused by circumstances beyond reasonable control, including but not limited to weather, facility access issues, or equipment failure.
10. Governing Law
This agreement shall be governed by the laws of the State of Idaho.
By checking "I agree to the terms" and completing this booking, Client acknowledges they have read, understood, and agree to be bound by these terms and conditions.