11. General Provisions
terms of service
Governing Law: The laws of Virginia govern all matters arising out of or relating to this Agreement, including torts.
Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Notice: Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Merger: This Agreement constitutes the final, exclusive agreement between the parties relating to the Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendment: The parties may amend this Agreement only by the parties’ written consent via proper Notice.
Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Notice: Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Amendment: The parties may amend this Agreement only by the parties’ written consent via proper Notice.
Effective Date: 08/16/2024
Peak and Pine Studio offers photo editing and album design services. Our services include, but are not limited to, photo retouching, color correction, album layout design, and other related services. View the Album Design and Photo Editing pages for a more in-depth look at the available services.
1. Services Provided
Account Information: If applicable, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
Accurate Information: You agree to provide accurate and complete information when using our services.
Usage Restrictions: You agree not to use our services for any illegal or unauthorized purpose. You are solely responsible for ensuring that your use of our services complies with all applicable laws and regulations.
Accurate Information: You agree to provide accurate and complete information when using our services.
Usage Restrictions: You agree not to use our services for any illegal or unauthorized purpose. You are solely responsible for ensuring that your use of our services complies with all applicable laws and regulations.
2. User Responsibilities
3. Payment and Fees
Payment Options: Peak and Pine Studio accepts most payment options including credit cards, debit cards, and ACH transfers through Dubsado.
Payment Schedule: Payments are due upon receipt. Services, including album design services, will not be delivered until the invoice has been paid in full. Payments rendered are considered fully earned after the Service has been delivered.
Late Payments: Payments not received by the due date will result in work cessation. Peak and Pine Studio reserves the right to refuse completion or delivery of work, including album design services, until past due balances are paid. All payments are due upon receipt.
Payment Schedule: Payments are due upon receipt. Services, including album design services, will not be delivered until the invoice has been paid in full. Payments rendered are considered fully earned after the Service has been delivered.
- Photo Editing Services: Services are billed at a per-image rate: $0.30 for Basic Lightroom Edits, $0.35 for Local Adjustments, $10 per 50 images for Syncing AI Mask, and Virtual Assistant services at $25 per hour.
- Album Design Services: Payments for album design services are also due upon receipt and will not be delivered until the invoice has been paid in full. Payments are considered fully earned after the Service has been delivered.
4. Communication
Office Hours and Communication: Office hours are Monday through Friday, 9am - 4pm Eastern Time (excluding all Federally observed holidays and scheduled vacation days). All work will be completed during these hours. Holidays are by request and availability only. Client agrees to be respectful of the Service Provider's office hours. Catalog schedule requests using the Scheduler must be submitted no less than three business days in advance and must be agreed upon by both Client and Service Provider. (Additional payment may be required and if so, must be paid in full at the time of request.) Client may contact Service Provider by email or text. Service Provider is available for phone calls or video conferences during office hours by appointment and availability.
Client Responsibility: Client understands that Service Provider is not an employee, and that this will be a collaborative, professional relationship of equals, where mutual professional respect, courtesy, and consideration are expected. Due to the virtual nature of the partnership, Client understands the importance of communication, especially via email, and agrees to respond to questions, requests, and communications from Service Provider in a timely manner. Client understands that Service Provider is a business with other clients to service and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunication on the part of Clients will not constitute an emergency for Service Provider. Client understands that Service Provider may require detailed clarification of projects to meet expectations and provide the best support and highest quality of work.
Client Responsibility: Client understands that Service Provider is not an employee, and that this will be a collaborative, professional relationship of equals, where mutual professional respect, courtesy, and consideration are expected. Due to the virtual nature of the partnership, Client understands the importance of communication, especially via email, and agrees to respond to questions, requests, and communications from Service Provider in a timely manner. Client understands that Service Provider is a business with other clients to service and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunication on the part of Clients will not constitute an emergency for Service Provider. Client understands that Service Provider may require detailed clarification of projects to meet expectations and provide the best support and highest quality of work.
5. Artistic Release
Style: Client has spent a satisfactory amount of time reviewing Provider's work and has a reasonable expectation that Provider will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Accuracy & Fair Expectations: Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as providing feedback when needed. The Client understands that this service has the potential to be creatively subjective and agrees to have a fair mindset when it comes to photo editing as a service. The Client agrees to accept that there is a fair range of grace granted to the Service Provider and may want to re-edit 1-5% of a Catalog, as this service can be creatively subjective and "perfect" is subjective to the Client. The Client agrees to send Feedback to the Service Provider after Catalogs, as Feedback is the only process in which the Service Provider can improve the Client's edits to their preference.
Property: All billing (including invoices, statements, and estimates), reports are provided as a convenience to Client at the discretion of Service Provider.
Accuracy of Information: Client agrees that the accuracy of information supplied to Service Provider is the sole responsibility of Client, and that Service Provider is not responsible and shall not be held liable for the results of services performed based on inaccurate, incomplete, or untruthful information furnished by Client.
6. Limit of Liability
Maximum Damages: Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.
Loss of Product: In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Provider shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification: Client agrees to indemnify, defend, and hold harmless Provider and its affiliates, employees, agents, and independent contractors for any injury, property damage, liability, claim, or other cause of action arising out of or related to Services and/or product(s) Provider provides to Client. This indemnification is not limited to any acts or omissions, statements, or representations made by Service Provider in the performance and/or nonperformance of Service Provider's duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against Service Provider. Service Provider will not be held liable for any incidental, consequential, or indirect damages, including without limitation damages for loss of profits, business interruptions, etc.
Loss of Product: In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Provider shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification: Client agrees to indemnify, defend, and hold harmless Provider and its affiliates, employees, agents, and independent contractors for any injury, property damage, liability, claim, or other cause of action arising out of or related to Services and/or product(s) Provider provides to Client. This indemnification is not limited to any acts or omissions, statements, or representations made by Service Provider in the performance and/or nonperformance of Service Provider's duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against Service Provider. Service Provider will not be held liable for any incidental, consequential, or indirect damages, including without limitation damages for loss of profits, business interruptions, etc.
7. Completion
Photo Editing Services: Each new catalog/job must be scheduled 2 business days prior to the catalog delivery date. Client must provide Catalog and schedule editing appointment 2 business days before the Service Provider is scheduled to begin the catalog/job. If the Client has successfully submitted their catalog AND scheduled the Catalog editing appointment, the completed Catalog will be delivered within a [2-7 day] turnaround period from the Catalog appointment time. Rush projects of 24 hours or less and projects requiring weekend or holiday work may be subject to a 25% surcharge for rush fees and are only available upon request if the schedule allows. Service Provider reserves the right to refuse any extra project or extra service request.
Album Design Services: If the Client has successfully submitted their catalog, the completed Album will be delivered within a [1-3 day] turnaround period. Rush projects of 24 hours or less and projects requiring weekend or holiday work may be subject to a 25% surcharge for rush fees and are only available upon request if the schedule allows. Service Provider reserves the right to refuse any extra project or extra service request.
8. Cancellation, Rescheduling, and No-Shows
No-Shows: If Client does not deliver catalog on the scheduled delivery date, Service Provider may not be able to deliver the completed catalog within the scheduled time. Catalog may have to be rescheduled to a different time depending on the Service Provider's workload.
Cancellations: If Client no longer needs the Service Provider for a catalog, please provide 24 hours' notice so that Service Provider can plan for the change. Client may incur a cancellation fee if notice is not given.
Delivery: Completed projects are delivered via secured file transfer via WeTransfer secure file transfer service. Delivery links will expire after 30 days. Service Provider is not responsible for long-term storage of files.
Welcome to Peak and Pine Studio! These Terms of Service (“Terms”) govern your use of our website and services. By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our services.
9. Impossibility
Force Majeure: Notwithstanding the above, either party may choose to be excused from any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
Failure to Perform Services: In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
- A natural disaster (fires, explosions, earthquakes, hurricanes, flooding, storms, or infestation); or
- War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
- Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
- Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
- Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
- Excuse Client of any further performance and/or payment obligations in this Agreement.
10. Termination/Expiration and Modification
Termination: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force. Either party may terminate this agreement upon 14 days' written notice to the other party. Provided, however, that each party may terminate the agreement immediately without prior notice in the event of a breach of this agreement by the other party. Upon termination, Service Provider shall invoice Client for any payment due, and payment will be due immediately upon receipt.
Expiration and Modification: The agreement shall remain in effect for a period of twelve (12) months or until such time as one or the other party provides written notice of cancellation. This agreement may be modified or amended as necessary after negotiations initiated by either Party. If agreement is reached, only a written instrument signed by both parties will modify or amend this agreement.
Non-Disclosure: Service Provider shall not directly or indirectly disclose to any person other than a representative of Client at any time without prior permission from the Client either during the term of this agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to the Client, including but not limited to customer lists, Lightroom files, contacts, financial data, supply sources, business opportunities for new or developing business plans or models.
Expiration and Modification: The agreement shall remain in effect for a period of twelve (12) months or until such time as one or the other party provides written notice of cancellation. This agreement may be modified or amended as necessary after negotiations initiated by either Party. If agreement is reached, only a written instrument signed by both parties will modify or amend this agreement.
Non-Disclosure: Service Provider shall not directly or indirectly disclose to any person other than a representative of Client at any time without prior permission from the Client either during the term of this agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to the Client, including but not limited to customer lists, Lightroom files, contacts, financial data, supply sources, business opportunities for new or developing business plans or models.
