Terms and Conditions

1. SERVICES

Pursuant to the provisions of this Terms and Conditions, ROC Studios / Ron Osmena / Assigned Partners shall capture media for the “Client” in each project mentioned in your / Work Order / Invoice / Quote / Receipt. ROC Studios / Ron Osmena / Assigned Partners is engaged by the “Client” as an independent contractor and nothing in this agreement constitutes that ROC Studios / Ron Osmena / Assigned Partners as an agent, employee, director or partner of the “Client”.

To the extent that any of the obligations indicated in the Work Order / Invoice / Quote / Receipt are not performed to the “Clientʼs” reasonable satisfaction, ROC Studios / Ron Osmena / Assigned Partners acknowledges and agrees that the “Client” may, in its absolute discretion, seek performance of all or part of the Services again up to 3 times. If the “Client” decides to exercise its discretion under the preceding sentence, it must give the ROC Studios / Ron Osmena / Assigned Partners 3 days written notice of its intention.  A re-schedule must be set forth by ROC Studios / Ron Osmena / Assigned Partners.  A new work order may be created for this service. (Please contact ROC Studios / Ron Osmena / Assigned Partners for more details)

2. CONSENTS

The “Client” consents to ROC Studios / Ron Osmena / Assigned Partners using, publishing and disseminating in any form all or any part of any media provided by ROC Studios / Ron Osmena / Assigned Partners to the “Client” (the Media) for any lawful purpose whatsoever including but not limited to assigning intellectual property rights (such as copyright) or granting licenses to or in relation to all or any part of those media.

The “Client is not obliged to use, publish or disseminate all or any part of the Media at one time, it reserves the right to do so at a later time. ROC Studios / Ron Osmena / Assigned Partners consents to all or any part of the Media being cropped, treated, adapted, edited, altered, modified and incorporated or merged with other material as the “Client” decides in its absolute discretion.
ROC Studios / Ron Osmena / Assigned Partners can use the media taken by them at the event / session / production for their own promotional/folio purposes.

3. INTELLECTUAL PROPERTY AND MORAL RIGHTS

To the extent assignable by ROC Studios / Ron Osmena / Assigned Partners, all intellectual property rights (including but not limited to copyright) in relation to all or any part of the Media shall belong to and be absolute property of ROC Studios / Ron Osmena / Assigned Partners. ROC Studios / Ron Osmena / Assigned Partners gives the “Client” his/her irrevocable and unconditional:

(a) consent to any act or omission that would otherwise infringe any moral rights s/he may have in or in relation to all or any part of the Media, whether occurring before or after consent is given;
(b) waiver of all moral rights s/he may have in or in relation to all or any part of the Media; and
(c) undertaking that s/he will not institute, maintain or support any claim or proceeding for infringement of any moral rights s/he may have in or in relation to all or any part of the Media against ROC Studios / Ron Osmena / Assigned Partners or any entity determined by ROC Studios / Ron Osmena / Assigned Partners as assignee.

4. ROC Studios / Ron Osmena / Assigned Partners OTHER OBLIGATIONS

ROC Studios / Ron Osmena / Assigned Partners will provide an electronic file/s containing the Media (via Link View or Online Gallery View) to the “Client” within a determined amount of time stated on Work Order / Invoice / Receipt or Otherwise Agreed or at ROC Studios / Ron Osmena / Assigned Partners set time period (Please contact ROC Studios / Ron Osmena / Assigned Partners for more details) ROC Studios / Ron Osmena / Assigned Partners shall have no obligation to edit, alter or modify the Photograph/s before or after submission to the “Client” unless otherwise specced in the Work Order / Invoice / Receipt.