Terms and Conditions

We have a few terms and conditions to which you are agreeing when you engage Giacomo Cain for photography services. 

By scheduling a photo shoot, you are agreeing to the following:

1. Payment to Giacomo Cain will be made immediately following delivery of promised images via email or internet link. Bad karma, and perhaps a collection agency, will follow you if you fail to pay in full.

2. OWNERSHIP - A) For CUSTOM SHOOTS ONLY: All ownership and rights to the images provided will belong to the client. Client also grants immediate permission to Giacomo Cain to use the images in his portfolio and any promotions, social media posts or other media to help Giacomo Cain build a business. All clients have the right to opt out of granting this permission upon request. B) For PRINTS: Giacomo Cain retains full ownership and copyrights on the images and prints forever!

3. All clients will hold Giacomo Cain harmless for any liability arising from the creation, distribution or other use of all images. All clients are responsible for model releases and Giacomo Cain provides a model release as a convenience only. All clients are encouraged to get full review from a legal professional if desired.

4. Limitation of Remedies and Damages. IN NO EVENT SHALL Giacomo Cain BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, OR OTHER LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT OR ARISING OUT OF SHIPMENT/DELIVERY DELAYS, EVEN IF YOU HAVE BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Any provision herein to the contrary notwithstanding, the maximum liability of Giacomo Cain to you or any third party whatsoever arising out of or in the connection with any service provided by Giacomo Cain related to any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to Giacomo Cain by you for the applicable product or service. 

5. Conflicts. Should any term herein conflict with any term in either of the Approved Quote/Invoice or the Approved Drawing, the term contained herein shall govern unless the Company and you agree in writing otherwise.

6.  Jurisdiction & Venue. This Agreement and the sales transaction will be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law principles. The state and federal courts located in San Francisco County, California have exclusive jurisdiction and venue over any dispute arising out of or relating to the purchase of any products or services from the Giacomo Cain. You agree that the services are being purchased in the State of California and by purchasing the service, you consent to the personal jurisdiction and venue of these courts.

7. Attorneys Fees. If any action is brought by either party against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.

8. Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

9. Waiver. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy.

10. Modifications. Any modifications of this Agreement must be in writing and signed by both Parties.

11. Notice. Any notice required to be given pursuant to this Agreement shall be in writing and mailed by certified or registered mail (return receipt requested), delivered by a national overnight express service or transmitted by facsimile, e-mail or other method of simultaneous transmission to the other party to the address specified in the Approved Quote and each notice will be deemed to have been received by the receiving party upon delivery or transmission or, in the case of mail, 48 hours after mailing. 

We look forward to working with you and thank you for reading and agreeing to these terms.