BETSY LIFE
Recipe Photography:
Terms & Conditions
These terms and conditions apply to the recipe photography services offered by Jetsy Inc., a California Corporation doing business as BetsyLife (hereinafter “BetsyLife”). By engaging BetsyLife for services you agree to the following terms:
Services & Deliverables: Betsylife will shop for, prepare, stylize, and photograph your recipe (the “Services”), and will deliver 3-5 high quality, edited, web resolution photos (72 pixels per inch), generally including 2 finished beauty shots and 3 process shots of the recipe, though photo quantities may vary (the “Deliverables”). Only those Deliverables will be provided and BetsyLife will not provide access to other photos in the session.
Your Obligations: You must provide all information requested by BetsyLife for the Services, including the full recipe and all information on the online questionnaire. The fee for the Services is $300 per recipe(or $2700 for 10 recipes) paid in advance. All fees paid are non-refundable.
BetsyLife’s Obligations: Once the fee is paid, BetsyLife will confirm a shoot-date and will provide you the Deliverables online within 7-10 days of the shoot-date. BetsyLife will take reasonable efforts to prepare the recipe as instructed, but is not responsible for the ultimate outcome of the recipe provided. As such, it is recommended that you sufficiently test your recipe in advance. In the event your recipe is unsuccessful as reasonably determined by BetsyLife, 50% of the fee paid for that shoot can be applied toward a second shoot to be agreed to by the parties. Otherwise, no re-shoots are included in the fee.
Your License: Contingent on your full payment for the Services, you will be granted an exclusive, non-transferable, royalty free license to use the Deliverables for personal or business marketing purposes in perpetuity, including for blogging, online advertising, and social media (the “License”). However, you may not assign or sell the License or any rights to the Deliverables to any third parties without advanced written consent from BetsyLife. For example, you cannot assign the photos to third-party sponsors, sell them to stock photography companies, or publish them in a book available for sale. Please contact BetsyLife for quotes to purchase such rights.
BetsyLife’s Rights: BetsyLife retains the underlying copyright to the Deliverables and any other work product resulting from the Services. BetsyLife may use the Deliverables for promotional and portfolio purposes.
Reps & Warranties: You represent and warrant that you have the right to enter into this agreement and that the Services contemplated in this agreement and the associated rights granted will not infringe on the rights of any third party or subject BetsyLife to liability to any third parties. BetsyLife does not guarantee any specific results associated with the Services and makes no representations or warranties regarding the Services or Deliverables except for those expressly made in this Agreement. BetsyLife will take reasonable efforts to create original content free of any possible infringement claims, but if for any reason a third party claims the Deliverables infringe on their rights, BetsyLife is not responsible or liable in any capacity.
MUTUAL LIMITATION ON LIABILITY: IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND IN NO EVENT SHALL BETSYLIFE’S LIABILITY EXCEED THE FEES PAID TO IT PURSUANT TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
Indemnification: Each party shall defend, indemnify, and hold harmless the other party and their respective agents and employees from and against any actual or threatened claim, action, liability, settlement, judgment, loss, or damage, including for reasonable attorney’s fees, arising out of (a) breach of any representations, warranties, or covenants of this Agreement by the indemnifying party, or (b) the gross negligence of the indemnifying party.
Miscellaneous: BetsyLife will perform all the Services as a contractor, not as an employee or joint venturer. This is not an exclusive relationship and either party can have similar engagements with other parties. This is the entire agreement between the parties pertaining to this subject matter and supersedes any previous agreements. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. The exclusive venue for any court proceeding based on or arising out of this Agreement shall be Los Angeles, California. If any term, provision, covenant or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
