Client Terms and Conditions

These Client Terms and Conditions (the “Client Terms”, “Terms of Service”) state the terms and conditions between Max Silverman, DBA Glacier NYC (“Photographer,” “we,” “us,” or “our”) and users of Glacier NYC who book vision calls / photography sessions as clients (“Client,” “you,” or “your”).We reserve the right to change the Client Terms at any time at our sole business discretion. Please check these Client Terms regularly for changes. Your continued use of the Glacier NYC Services following the posting of any changes to the Client Terms will constitute your acceptance of and agreement to our changes.

1. The Parties

This Photographer Service Contract (“Agreement”) made on the date that This Photographer Service Contract is Signed by The Client (“Effective Date”), is by and between: Photographer: Max Silverman, DBA Glacier NYC, AND you, The Client. The Photographer and the Client are each referred to herein as a “Party” and, collectively, as the "Parties."NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the Client hires the Photographer to work under the Terms and Conditions hereby agreed upon by the Parties.

2. The Term

The term of this Agreement shall commence on (“Effective Date”) and shall terminate 6 months from Effective Date (“Termination Date”).The Effective Date is the date this agreement is signed Electronically by The Client.

3. The Service

The Photographer agrees to provide the following selected service: The Glacier NYC “FREE Headshot Session” includes 

One (1) Hour photoshoot session located in a studio.Approximately 50-100 images delivered digitally with watermarks

The Glacier NYC “FREE Headshot Session” does NOT include:

Physical copies or prints of the imagesRetouching of images. Retouched images must be purchased additionally if desired.The release of RAW, unedited images to the client.

The service is hereinafter known as the “Service”.

4. Payment Amount

The Client agrees to pay the Photographer a [0]$ flat rate for the Service. Client agrees to make a partial payment of $0 out of the $150 cancellation / rescheduling fee upon online booking of the FREE Headshot Session.

5. Booking

The Client shall pay 0$ at the time of photoshoot booking. Upon Client agreement to these Client Terms and Conditions and upon using the online booking form to schedule a photoshoot, The Photographer will reserve the date and time range agreed upon and will not make another reservation for the specific date and time frame. No photography will take place and no rights granted until The Client agrees to these Client Terms and Conditions. No date will remain on hold for The Client’s photoshoot until the Client has agreed to these Client Terms and Conditions. 

6. Client Data and Consent to be Contacted

Max Silverman, DBA Glacier NYC does not own any information, text, data, or other content that Client submits, stores, or uses on the Glaciernyc.com website. Client shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Client Data. The Client agrees to receive content from Glacier NYC using any contact information provided.

7. Independent Contractor Status

The parties acknowledge that the Photographer and Client are independent contractors and neither is an agent, partner, joint venture, nor an employee of the other. 

8. Intellectual Property

The parties acknowledge that the Photographer retains all copyright and intellectual property rights to the photographs created during the session. The Photographer hereby grants to Client a limited, personal, non-exclusive, non-transferable license to use, reproduce, and display the images for personal, non-commercial purposes. The Client may not sell, license, or otherwise distribute the photographs for commercial purposes without prior written consent from the Photographer. The Client may not alter, edit, or modify the photographs in any way without the express permission of the Photographer. The Client will not remove any watermarks, logos, or copyright notices from the photographs. The Client is responsible for obtaining any necessary permissions, releases, or clearances for individuals or locations depicted in the photographs. The Client is responsible for any claims or damages resulting from the improper or illegal use of the photographs.

9. No Waiver

No waiver of any provision of these Client Terms and Conditions shall be deemed or shall constitute a continuing waiver, and no waiver shall be binding unless executed in writing by the Party making the waiver.

10. Governing Law

These Client Terms and Conditions shall be governed by and shall be construed in accordance with the laws in the State of New York.

11. Severability

If any term, covenant, condition, or provision of these Client Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

12. Rescheduling, Cancellation and Late Policy

In the event that the Client requests to reschedule its session on account of illness, emergency, act of God or any cause outside its control, the Payment will be applied to a rescheduled session provided that notice is given at least 7 days prior to the scheduled photoshoot (or reasonable notice in the case of an emergency). Requests to reschedule by Clients for any reason other than reasons stated in the previous sentence is at the discretion of The Photographer. Upon acceptance of this agreement, The Client acknowledges that a cancellation OR rescheduling request with less than 48 hours notice OR a no-show to a scheduled photoshoot will not result in the refund of any monies paid and will result in a $150 fee. Any Client that is late arriving to the session will have the remaining amount of time allotted for the session. All additional time beyond the scheduled end time will be billed to the Client at $100 per hour. The Photographer is not obligated to extend The Client’s photoshoot past the agreed upon end time of the photoshoot. For anyone who cancels their photoshoot or is a no-show to their photoshoot, Max Silverman, DBA Glacier NYC will require a $250 nonrefundable prepayment for your next booking. This value will be applied towards the purchase of images after the photoshoot.

13. Model Release

I, The Client, hereby grant Glacier NYC, its photographers, employees, licensees, and legal representatives, the irrevocable and unrestricted right to use and publish photographs and/or video images and/or audio recordings taken of me for the purpose of advertising, trade, display, exhibition, or editorial use. This includes the right to alter, modify, crop, or retouch the images and/or video images and/or audio recordings without further approval. I hereby release and discharge Glacier NYC, its photographers, employees, and representatives, from any and all claims, liabilities, demands, actions, causes of action, costs, and expenses, whether at law or in equity, whether known or unknown, arising out of or in connection with the use of said photographs/video images.

14. Headings

The headings and other captions in these Client Terms and Conditions are included solely for convenience of reference and will not control the meaning and interpretation of any provision of these Client Terms.

15. Entire Agreement

These Client Terms and Conditions constitutes the entire agreement between the Parties to its subject matter and supersedes all prior contemporaneous agreements, representations, and understandings of the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all Parties. IN WITNESS WHEREOF, The Client hereto agrees to the above Client Terms and have caused this Agreement to be executed in their names by their duly authorized signatories.

16. Signature

These Client Terms may be signed and are enforceable by electronic signature, digital signature, wet signature, and facsimile signature.

Questions? Concerns? Suggestions?

Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.