THE WORKMANS, LLC TERMS OF SERVICE

Description of Service

The Workmans, LLC ("The Workmans") agrees to provide the agreed upon creative services (the "Project") for the price indicated on the invoice (the "Fee") on the date to be agreed upon by the Workmans and Client (collectively, the "Parties"). The date on which The Workmans will capture the visual content shall be referenced as the "Capture Date." The Workmans will provide the final, edited visual content (the "Workmanship") to Client.

Payment Terms

A non-refundable retainer of 50% of the total Fee is required to secure the Capture Date. The remaining 50% balance is due upon booking if booked within 7 days of the Capture Date, or no later than 7 days prior to the Capture Date if booked earlier. Payment terms may be modified via email to accommodate corporate payment policies (such as NET 30 terms) as agreed upon by both parties prior to the Capture Date. All payments shall be made via the methods specified below. Late payments on any portion of the Fee are subject to a 5% fee for each week payment is delayed. Late payment fees will be invoiced separately and are due immediately upon receipt of the invoice. As stated elsewhere in this Agreement, failure to pay the full Fee will result in immediate termination of any license granted herein.

Payment Methods We accept payment via ACH, check, and debit/credit card. ACH is our preferred method of payment. ACH payments may take 48-72 hours to post to our account. Clients may receive automated late payment notices during this processing period which should be disregarded. Credit/debit card payments are subject to a 3.5% convenience fee. ACH and check payments should subtract any convenience fee listed on the invoice.

Delivery Timeline

The Workmans will deliver a curated selection of edited visual content within 21 business days following the Capture Date, unless otherwise specified via email. A preview gallery may be provided sooner. Final deliverables will be provided in high-resolution and web-resolution digital formats via online gallery unless otherwise specified.

Refund/Cancellation Policy

Cancellation by Client must be confirmed in writing via email to hello@wearetheworkmans.com.  Cancellation via phone call, text message, or social media direct message must be followed up with an email to hello@wearetheworkmans.com within 24 hours of the initial cancellation conversation to be considered official.

If Client cancels, depending upon the date of cancellation, Client shall be responsible for the following portion of the total Fee:

Time of Cancellation/Client's Responsibility

  • More than 7 days before Capture Date: Client forfeits the 50% deposit only

  • Within 7 days of Capture Date: Client is responsible for 75% of total Fee

  • Within 1 day of Capture Date: Client is responsible for 100% of total Fee

Any refund due to Client based on the above will be processed via check mailed to Client's address as it appears on the invoice or via ACH transfer, postmarked or processed within ten (10) business days of Client's cancellation.

Rebooking Opportunity In the spirit of maintaining our relationship and providing exceptional service, if Client cancels and forfeits their deposit, The Workmans will offer a 10% discount on a new booking, up to the amount of the forfeited deposit. This discount must be applied within one (1) year of the original cancellation date.

Creative Professional Cancellation/Rescheduling If The Workmans must reschedule the Capture Date, Client will be notified as soon as possible, and all efforts will be made to accommodate a new date convenient for both Parties. If an alternative date cannot be agreed upon, Client will receive a full refund of any payments made. In the spirit of our commitment to excellent client experience, The Workmans will offer a 10% discount on services if we must reschedule with less than 7 days' notice.

Force Majeure In the event that The Workmans cannot perform this Agreement due to illness, accident, act of God, or other cause beyond the reasonable control of The Workmans, The Workmans will make every effort to secure a replacement creative professional with similar style and capability. If no replacement is available, The Workmans' liability is limited to a full refund of all payments received for creative services. Previously incurred expenses such as travel, supplies, or third-party costs are non-refundable unless covered by our travel insurance policy or required by law. The Workmans shall not be responsible for any additional costs or damages beyond the refund.

Rights Associated with Workmanship

The Workmans owns and retains all right, title, and interest in and to the Workmanship, subject to the following license. The Workmans hereby grants to the Client and its affiliates, and each of their respective direct and indirect licensees, successors, and assigns (collectively, the "Related Parties") an exclusive, perpetual, irrevocable, freely transferable and sublicensable, fully paid-up and royalty-free right and license to use the Workmanship, including all copyrights and other intellectual property rights therein and all renewals and extensions thereof, throughout the universe, for the intended purpose of the Project.

Permitted Modifications Client may make minor adjustments to the Workmanship for their intended use, including cropping to fit specific formats and black and white conversion. However, significant alterations that change the artistic intent or integrity of the content (including but not limited to: removing/adding elements, applying heavy filters, or changing colors substantially) are not permitted without prior written consent from The Workmans.

Social Media Usage Client may share the Workmanship on social media platforms for personal or business promotion purposes. Client acknowledges that social media platforms may compress or slightly alter content, which is considered acceptable use. However, Client remains responsible for ensuring that no platform-specific filters or heavy editing tools are applied that would substantially alter the Workmanship.

Restrictions For purposes of clarity, the Parties agree that the foregoing grant does not include the rights: (a) to distort, manipulate, or alter the Workmanship in a way that misrepresents the original artistic intent or integrity of the work; (b) sell the Workmanship as delivered or modified; and (c) to reproduce, perform (publicly or otherwise), display (publicly or otherwise), and transmit the Workmanship, in whole or in part, for purposes other than the intended purpose of the Workmanship. Client may extract portions of images for reasonable business use (such as creating transparent backgrounds for business cards) provided the extracted portions are not distorted or misrepresented.

Portfolio Usage Client hereby grants The Workmans and its Related Parties an exclusive, perpetual, irrevocable, freely transferable and sublicensable, fully paid-up and royalty-free right and limited license to use the Workmanship in a portfolio (including, but not limited to, any website that displays Workmanship) for the purpose of providing examples of, and otherwise advertising, services to third parties. This portfolio usage right is subject to any confidentiality agreements or NDAs that may govern specific projects.

Marketing Usage The Workmans may use visual content from all sessions in marketing materials including but not limited to social media, website, portfolio, and email newsletters beginning 30 days after the delivery of the content. If a client does not want their content included in marketing materials or would like longer than 30 days before marketing usage begins, the client must notify The Workmans via email at hello@wearetheworkmans.com within 7 days of the delivery of their content. This marketing usage right is subject to any confidentiality agreements or NDAs that may govern specific projects.

Resale Restriction Clients may not resell visual content for any reason without expressed written consent and license from The Workmans.

Copyright Attribution For editorial publications, Client agrees to include appropriate attribution to The Workmans. For all other uses, attribution is appreciated but not required. Client shall not misrepresent the Workmanship as being created by anyone other than The Workmans unless specifically hired under a work-for-hire arrangement where such representation is explicitly agreed upon in a separate contract.

License Termination Notwithstanding the foregoing, in the event Client fails to timely pay all or any part of the Fee, as agreed to by the Parties, any license granted herein by The Workmans shall immediately terminate and become null and void.

Source Attribution Client may, but is not obligated to, provide The Workmans with source attribution for the Workmanship in connection with any publication of such Workmanship. In the event source attribution is provided, The Workmans hereby grants to Client and its Related Parties, the right to use The Workmans' name, image, likeness, and biographical and professional information for such source attribution; provided, however, Client shall not take, omit to take, or permit any action which will or may suggest the Workmanship was created by anyone other than The Workmans.

Client Responsibilities and Releases

Model and Property Releases Client is responsible for obtaining all necessary model releases and property permissions for any recognizable individuals or private property captured during sessions.

Intellectual Property Indemnification Client agrees to indemnify The Workmans against any claims arising from Client's use of the Workmanship that exceeds the license granted herein.

Scope of Work Any requests for additional services beyond the original scope will be quoted separately and require written approval from The Workmans and Client.

File Formats The Workmans will deliver content in industry-standard formats appropriate for the intended use. RAW image files or unprocessed video files straight out of camera are not included unless otherwise agreed upon in writing.

Communication The Workmans will respond to client communications in a timely manner. Response times may vary when The Workmans are traveling or working in remote locations.

Signature Portrait Sessions

Session Types and Booking The Workmans offers Signature Portrait Sessions, which include but are not limited to Garage Sessions, Capitol Sessions, and Adams Street Sessions. These sessions are available to the public and booked through our online booking platforms. Clients select their preferred date and time, provide contact and billing information, and pay the full session fee upfront at the time of booking.

Session Format Signature Portrait Sessions are conducted at predetermined locations and times as specified during booking. The Workmans will set up at the designated location for the scheduled time block. These sessions operate on a different format than our custom commercial creative services.

Licensing Options

  • Personal License: Visual content delivered in web resolution with light/basic retouching for personal use only

  • Professional License: Visual content delivered in both web and high resolution with enhanced retouching, suitable for professional/commercial use

Weather Policy Signature Portrait Sessions will be cancelled in the event of active precipitation or unsafe conditions for The Workmans, clients, or equipment at the session location. The Workmans will notify the Client about the need to reschedule due to weather conditions. The Workmans cannot control weather conditions or guarantee sunny skies. Clients acknowledge that varying weather conditions (clouds, overcast skies, etc.) are part of the outdoor creative experience and do not constitute grounds for cancellation or refund.

Location and Permits If a location requires a permit, it is the responsibility of the Client to obtain and pay for the permit. If The Workmans obtain the permit on behalf of the Client, the Client will have the cost of the permit added to their final session fee. If a location becomes unavailable, The Workmans and the Client will work together to select a new location.

Cancellation Policy for Signature Portrait Sessions Due to the pre-paid nature and specific scheduling format of Signature Portrait Sessions, all sales are final. Cancellations or rescheduling requests must be made at least 48 hours prior to the scheduled session time to be eligible for a session credit that can be applied to a future Signature Portrait Session within twelve (12) months. For extenuating circumstances, clients may email hello@wearetheworkmans.com to discuss additional options.

Equipment and Technical Considerations

The Workmans maintain multiple backup cameras, memory cards, lights, computers and other gear. In the event of an error with gear, equipment or technology, The Workmans will do everything possible to continue to create visual content in the manner/style they are known for. We maintain multiple backups of visual content files. In the event data is lost or corrupted, The Workmans will offer a reshoot to the Client. In the event that a reshoot is not possible, The Workmans will work with the client to create an amicable resolution.

Session Conduct

We expect clients to maintain respect and decorum during sessions. If a client is under the influence of alcohol or other substance (whether legal or illegal) The Workmans maintain the right to cancel the shoot and the Client forfeits 100% of the session fee. This notice will be followed up in writing to the Client.

Digital File Handling

The Workmans maintains backup copies of the Workmanship in multiple locations including cloud services, local network attached storage and offsite hard drives for 90 days following delivery to Client. After this period, while archives may be kept longer, The Workmans cannot guarantee retrieval of visual content but will make every effort possible to retrieve requested files. Client is strongly encouraged to create their own backup copies upon receipt. Additional fees may apply for content retrieval requests made after the 90-day period, and we cannot guarantee a specific timeline for retrieving archived files. The Workmans is not liable for data loss due to circumstances beyond reasonable control.

Online Gallery Access We guarantee access to online galleries for 30 days after the visual content has been delivered. After 90 days, if the content needs to be retrieved and reuploaded, the client will incur a $99 reupload fee.

Liability Limitation

The Workmans' maximum liability for any claim arising from this Agreement shall not exceed the total Fee paid by Client. This limitation applies to any and all damages, losses, costs, or expenses, regardless of the nature of the claim or whether such claim is based in contract, tort, or otherwise.

Miscellaneous

This Agreement shall be construed in accordance with the laws of the State of Florida. In the event of any legal or equitable action arising under this Agreement, the venue for such action shall lie exclusively within either the state or federal courts located in Leon County, Florida, and the Parties hereby specifically waive any other jurisdiction and venue.

Client represents that he/she has full authority and legal power to enter into this Agreement.

In the event any Party to this Agreement is forced to commence action to enforce compliance with this Agreement, the prevailing party shall be entitled to recover any and all attorneys' fees and costs incurred in connection with such enforcement, including but not limited to attorneys' fees and costs incurred on appeal and attorneys' fees and costs relating to pursuing determination of entitlement to and reasonableness of any prevailing party attorneys' fees and costs to be awarded.

WAIVER OF JURY TRIAL. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN ANY LITIGATION ARISING FROM THE TERMS, PROVISIONS, OR SUBJECT OF THIS AGREEMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO EXECUTE THIS AGREEMENT.