These Terms and Conditions of Service (“Terms and Conditions”) are a legal Agreement, please read it carefully.
Capturely Inc. d/b/a The Headshot Truck is a content creation company, which primarily produces photography and videography services which may include photographs, graphics, video, audio recordings, and artwork (collectively referred to as “Content”). Our Services can be found at www.theheadshottruck.com/services and are incorporated into your Agreement by reference.
Capturely Inc. d/b/a The Headshot Truck is an Indiana Corporation (“THT,” “we,” or “us”). By paying for our Services you are a “Client” (or “you”) according to these Terms and Conditions.
These Terms and Conditions govern the business relationship between you and us. Should you have any questions or concerns about these terms, please feel free to contact us.
“Services” mean the services outlined and described at www.theheadshottruck.com/services.
“Gallery(ies)” means the selection of online images of one person or product(s) transmitted to the Client or individual covered by these Terms and Conditions.
“Collection” means a group of Galleries based on a single location or all Galleries within a single Project.
“Event” means any single Work Order, by way of example only, one location or set-up and take down of our equipment to effectuate the completion of the Services or one production shoot.
“Website” means www.theheadshottruck.com and all of its subparts and pages.
“Content” means the results of our providing you Services.
In order to buy Services you must:
- Be at least 18 years of age and be able to enter into legal contracts;
- Paid the Invoice sent by us;
- Agree to these Terms and Conditions, and;
- Have fully reviewed the Services located at headshottruck.com/services and be satisfied that we can meet your needs.
We may update or make changes to these Terms and Conditions by posting revised terms and conditions on our Website. The revised Terms and Conditions shall take effect and remain in full force immediately upon publication to the Website.
If we need to send you information about your account, your order, billing, legal notices, or anything else related to the Services we provide, we will send it to the email address you provided. We may also contact you via telephone and postal mail but are not required to do so. You should ensure any email coming from the domain “headshottruck.com” is added to a “whitelist” to help ensure delivery and that it is not rejected or deleted as junk or spam.
Delivery of Services
Delivery of all Services is subject to dates, location and availability agreed upon by you and us.
Minimum Notices for Onsite Event
We require a minimum of 14 days’ notice to book Service providers for onsite Events. We can possibly do it sooner but cannot promise it without notice.
Services outside Scope
If you request us to perform services not listed or available at www.headshottruck.com/services, and we agree to provide those services, we will provide the additional cost via an Invoice, which must be paid before we will provide any Services outside our scope.
You will see your images during your shoot so that you are able to confirm the shoot has been to your full satisfaction before leaving the studio. However, let’s face it, some days are better than others. If for any reason your images are not what you expected, then we pledge to get it right. Let us know (within 30 days of delivery) and we will get you booked for another image experience right away at our expense. Your happiness and success are what drives our business.
We shall be considered an independent contractor of Client and not an employee.
Content Ownership, Copyright and Usage
All Content created by us, or any of our employees, independent contractors, agents or affiliates, is our sole and exclusive property. We hereby grant you an unlimited license to use any Content transmitted to you from us for its intended personal use (uses specifically included herein are Client’s posting of images on its social media, advertising, brochures, presentations, internal communication and websites as needed, in conformance will all local, state and federal laws, rules and regulations). You may not sell or license our Content to third parties without our express written permission.
The Content is provided, to the maximum extent permissible by law, “as-is” with no warranties of any kind, either express or implied, including, but not limited to warranties of merchantability or fitness for a particular purpose. We do not warrant or represent that the Content will meet your requirements or that the Content will be free of errors.
You may modify, retouch, combine, crop, annotate, or otherwise edit and create derivative works from the Content. Our Content contained within derivative works you create remains our copyrighted material and the terms and restrictions within this license also apply to those derivative works.
You may not use the Content in any illegal manner. You may not use the Content in any defamatory manner or use the Content to harass any person. Content may not be used for pornographic purposes. You may not use the Content in any way that violates the trademark, copyright, or other intellectual property of any other person or party.
Content may not be used as a part of, or incorporated into, any logo or trademark.
You may not claim you are the author of the Content. In any case where the author of the Content is specified it must be attributed as “Copyright The Headshot Truck”
Intellectual property of third parties.
In some cases, things you direct us to photograph, or props used in conjunction with your photographs, may contain trademarks, logos, artwork, or copyrighted designs that become visible in the finished Content we produce for you at your direction. By directing us to photograph anything containing visible intellectual property, you certify that you either own, or have received explicit permission from the owner, to use any and all trademarks, logos, artwork, or copyrighted designs, visible in the photos you have directed us to photograph. By using the Content, you certify that the Content and your use of the Content, does not infringe on the intellectual property rights of any third party. You understand that it is your sole responsibility to obtain necessary permission to use any and all trademarks, logos, artwork, copyrighted designs, or other intellectual property visible within the Content.
If stock photography or other artworks owned by third parties are incorporated into the Content we produce for you, we certify that this content has been paid for and/or licensed by us for use in the Content in accordance with the terms of service of the respective supplier. When printing Content containing aforementioned stock photography and artwork, the maximum number of printed copies that may be produced shall not exceed 500,000 print copies. This restriction does not apply to electronic display, such as on a website.
If we encounter a situation not covered by the Invoice or these Terms & Conditions and/or the Services, we will work together to solve the situation. We cannot guarantee that a solution will be found but will make an effort to solve the problem.
Holding a Date
To hold a date we require payment in full for the Event (shoot)/Invoice provided to you. Your payment is nonrefundable, but can be applied to a rescheduled shoot.
TO-YOU Truck Events: You may reschedule a Truck Event provided it is more than 14+ days from the date of the Event. Rescheduled Events done so within 14 or less days, may require additional fees or the forfeiture of your payment and is at our sole discretion. Contact our team to discuss.
Studio Sessions: Can be rescheduled once with more than 48 hours notice. As much as we love to help, we cannot be responsible for your last minute schedule changes. Thank you for understanding. If you are within 48hours or this is a second reschedule request we recommend giving your shoot to someone else as good karma!
After production is complete, the Content will be delivered through our image hosting service. We will email you a link and a password so you can view and download all work that we have completed for you. We contract with a third-party vendor who manages the website and software that runs our image hosting service. While we make every effort to ensure availability, stability, and security of this service, we cannot guarantee 100% uptime or that it will be secure against all attacks. You agree that we are not responsible for loss associated with the availability, security, or confidentiality of the Content delivered through our image hosting service. We recommend that you make backup copies of all Content for your records in the event of data loss. We are not obligated to store or archive the Content for you and if we do this, such storage should be considered as a convenience only.
As part of the scheduling process for Onsite Services, our Pre-Production department will schedule a call with you to finalize your Event details. You agree to be available for the call and to provide our team with an onsite Point of Contact (POC) and Secondary Onsite POC for the day of each Event (if necessary).
Attendee Scheduling (if applicable)
Following the scheduling call, we will provide a scheduling URL (Link) for you to send out to your individual headshot and/or video production attendees. You may distribute the link to attendees for self-scheduling or choose to use the link internally to schedule attendees yourself. You assume all responsibility disseminating the scheduling link and/or internally scheduling the attendees to ensure smooth event flow and timing. If you experience issues with the scheduling link contact your Pre-Production Specialist and he/she can assist you. If you make an error scheduling that causes your Event run longer than indicated in the Work Order and/or Change Order (intentional or not), you agree to pay $499/hour and $299 hr for each additional photographer for production time overrun.
If we show up to complete an onsite and you are not prepared or want to reschedule you forfeit your full payment and will need to reschedule the Event and pay a new Invoice. We cannot be responsible for your last minute cancellation.
Content Creation Experience
Our image experience is designed to provide our Services in a fun and professional manner. Our team members wear appropriate attire, use clean humor, and play music to create an optimal environment. Any modifications to our image experience desired by you can be discussed with us and outlined during your scheduling call. We do not produce any Content that include excessive foul language, lewd or sexual content. We keep things PG-13 rated.
You agree to the following:
“I agree to be photographed, recorded and videotaped by The Headshot Truck I hereby irrevocably authorize The Headshot Truck, its parent companies and affiliates to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, otherwise use, and permit others to use, (a) my name, image, likeness, and voice, and (b) all photographs, recordings, videotapes, audiovisual materials, writings, statements, and quotations of or by myself (collectively, the “Materials”), in any manner, form, or format whatsoever now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, advertising or promotion of The Headshot Truck, its parents or affiliates, or their services, without further consent from or payment to me. It is understood that all of the Materials, and all films, audiotapes, videotapes, reproductions, media, plates, negatives, photocopies, and electronic and digital copies of the Materials, are the sole property of The Headshot Truck. I agree not to contest the rights or authority granted to The Headshot Truck. I hereby forever release and discharge The Headshot Truck., its employees, its affiliates, parents, licensees, agents, successors, and assigns from any claims, actions, damages, liabilities, costs, or demands whatsoever arising by reason of defamation, invasion of privacy, right of publicity, copyright infringement, or any other personal or property rights from or related to any use of the Materials. I understand that The Headshot Truck is under no obligation to use the Materials.”
Access and use of content. Unless noted otherwise, all materials on the Website including text, images, logos, icons, photographs, and any other materials written or otherwise that are part of the Website (collectively, the “Website Contents”) are copyrighted property owned by us, one of our affiliates, or by third parties who have authorized their materials for use on our Website and are protected by U.S. and international copyright laws. U.S. and international copyright laws also protect the arrangement of the Website Contents and the method of presentation of these materials. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way, in whole or part, any of the Website Contents, the Website, or any related materials, except that we grant you non-transferrable, non-exclusive, limited permission to access Content and display this Website on your computer or device. This permission is on the condition that you do not modify the Website Contents, that you keep intact any copyright or trademark notices, and that you accept the terms, conditions and licenses accompanying any Website Content.
Website security Users are strictly prohibited from violating or attempting to violate the security of this Website, including but not limited to:
- Unauthorized access. Accessing data not intended for a user or logging into any server or account that the user is not authorized to access.
- Vulnerability scanning. Attempting to scan or test the vulnerability of the Website or any system or network associated with the operation of www.theheadshottruck.com.
- Attempting to interfere, without limitation, with service between the Website and any user, with the secure operation of the Website, or with the stability of the Website via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website.
- Sending unsolicited email, including promotions and/or other advertising of products or services.
Accuracy. We make every effort to ensure the accuracy of the information contained on this Website. However, we are not liable for typographic errors, pricing errors, omissions, or mistakes that may be present in the content of the Website. If you find an error on our Website please contact us so we can fix it.
Linked Websites. This Website contains links to third party websites. We do not accept responsibility for any such links and do not endorse or monitor them for content. We shall not be responsible for any damage or loss sustained through the use of these linked websites or their services.
Internet transmission problems and viruses. Due to transmission problems or technical difficulties with the Internet or this Website, it is possible for you to receive inaccurate, incomplete, or outdated copies of information from this Website. It is also possible for computer viruses or malicious software to affect this Website or be inadvertently downloaded from this Website. We shall not be responsible for any inaccurate or incomplete information delivered to you as a result of a technical or transmission problem. We are also not responsible for any damage caused by malicious software or viruses downloaded in connection with the use of this Website. We recommend you use appropriate commercially available antivirus software to help protect yourself from this type of attack.
You agree to indemnify and hold us and our employees, officers, agents and owners harmless from any losses, including all attorney fees that may result from any claims you make that are prohibited under these Terms and Conditions due to any Limitation of Liability or other provision. You agree to indemnify, defend, and hold us and our employees, officers, agents and owners harmless against any losses, including attorney fees, which result from third-party claims alleging you did something that, if true, would be a violation of any of these Terms and Conditions.
You assume full responsibility for any loss that results from your use of our Services, Content and/or Website Content to the maximum extent permitted by law. We and our employees, officers, agents and owners, are not liable for any direct, indirect, special, punitive, or consequential damages under any circumstances, including delays, even if it’s based on negligence or if we’ve been advised of the possibility of such damages. Specifically, we are not responsible for any loss you may have from damage caused by our trucks being present on your property or any third party’s property where you may direct us to park, you are responsible for that.
If any of these Terms and Conditions are found to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make the provision enforceable and all other Terms and Conditions shall remain in full force and effect. If we choose not to act on a breach of these Terms and Conditions for whatever reason, it does not constitute a waiver of our rights with respect to such a breach or any subsequent breaches of these Terms and Conditions
In the event of litigation, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing these Terms and Conditions unless otherwise stated herein.
If you violate these Terms and Conditions we may seek injunctive relief from the courts or other equitable relief.
You may not assign your rights under these Terms and Conditions to any other party. However, we may assign our rights to any other entity or individual at our discretion.
These Terms and Conditions shall be governed and construed under Indiana without effect to any Indiana laws regarding conflicts of law. Any action or proceeding arising from these Terms and Conditions, your Invoice and/or your use of our Services must be held in the State and Federal courts in Hamilton or Marion County, Indiana.
If you have any questions about these Terms and Conditions, our Website, or any of our Services please direct these inquiries to:
Capturely Inc. d/b/a The Headshot Truck
10951 Huston Ave.
North Hollywood, CA 91601