TERMS AND CONDITIONS
Hey, thanks for wanting to read our terms. We know it takes time out of your day! We have created this online store at the request of our clients to make purchasing convenient and available 24/7. Having said that, we highly recommend talking with us prior to purchasing because our creative process is not the typical stand on the “x” and say cheese thing and our custom fine art gallery prints are of the highest quality.
Willow Street Pictures, Inc. is pleased to provide to you its sites, software, applications, content, products, which may be branded Willow Street Pictures or another brand owned or licensed by Willow Street Pictures, Inc. These terms govern your use and our provision of the Willow Street Pictures Services, Creative Packages, Artwork on shop.willowstreetpictures.com and which these terms are posted, as well as the Willow Street Pictures Service, Creative Packages, Artwork we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of shop.willowstreetpictures.com
PLEASE READ THESE TERMS CAREFULLY BEFORE USING shop.willowstreetpictures.com. USING THIS SITE INDICATES THAT YOU, YOUR REPRESNTATIVE (S), AND GIFT RECIPTIENT (S) ACCEPT THESE TERMS AND THAT ALL PARTIES AGREE TO ABIDE BY THEM. IF ANY PARTY DOES NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE. Willow Street Pictures reserves the right, at our discretion, to change these terms at any time. Please check these terms periodically for changes. Using this Site following the posting of changes to these terms indicates that you accept them as changed.
Definitions: All purchases, irrespective of payment, ‘pro bono’ work or contract type, form an agreement between Willow Street Pictures, Inc. (“Licensor”) and the COMMISSIONING PARTY THE “CLIENT”, WHICH INCLUDES COMMISSIONING PARTY, CLIENT’S REPRESENTATIVE(S) AND GIFT RECIPIENT(S). Licensor’s relationship with Client is that of an independent contractor. “Artwork(s)” means the visual and/or other forms of materials whether known of unknown including but not limited to print(s) or information supplied by Licensor to Client. Licensor is the sole creator of the Artwork(s). The Artwork(s) are Licensor’s interpretation, rather than a literal copy of any concepts or layouts provided to Licensor by Client. “Service(s)” means any services including but not limited to photography and/or related digital or other printing, pictures framing, video described in this Agreement that Client is specifically commissioning Licensor to perform pursuant to this Agreement. “Creative Package” means the consultation, photo shoot and premier show that Client is specifically commissioning Licensor to perform pursuant to this Agreement. NO ARTWORK OR DIGITAL FILES OF ANY KIND ARE INCLUDED IN ANY CREATIVE PACKAGE. “Transmit” or “Transmission” means distribution by any device or process whereby a copy of an Artwork is fixed beyond the place from which it was displayed. NO TRANSMISSION OF ANY KIND IS PERMITTED OF ANY ARTWORK. “Copyright Management Information” means the name and other identifying information of Licensor, terms and conditions for uses of the Artwork(s), and such other information that Licensor may prescribe.
Contract between Client: This is a contract agreement between Client and Licensor, a Pennsylvania corporation located at 2212 Penn Avenue West Lawn, PA, USA. These terms describe the limited basis on which Licensor’s Services, Creative Packages, and Artwork are available and supersede any prior online terms agreements or arrangements for shop.willowstreetpictures.com
MINIMUM ARTWORK PURCHASE: FOR EACH CREATIVE PACKAGE PURCHASED, THE CLIENT AGREES TO A MINIMUM ARTWORK PURCHASE OF (1) ONE CUSTOM FINE ART GALLERY PRINT AT PREMIERE SAVINGS PRICES STARTING AT $690. USD WITHIN 60 DAYS OF CLIENT’S PHOTO SHOOT. IF PURCHASE IS MADE AFTER 60 DAYS FROM DATE OF CLIENT’S PHOTO SHOOT, THE CLIENT AGREES TO SAID MINIMUM PURCHASE AT REGULAR PRICES STARTING AT $1025. USD IN ANY EVENT CLIENT AGREES TO MAKE THE MINIMUM PURCHASE WITHIN 180 DAYS OF CLIENTS PHOTO SHOOT.
Rights Licensed: Unless otherwise specifically stated in this Agreement, CLIENT’S USAGE RIGHTS ARE LIMITED TO PERSONAL USAGE, NON-EXCLUSIVE USAGE TO DISPLAY ON A WALL AS FINE ART GALLERY PRINT(S) WITH UNLIMITED NUMBER OF YEAR’S DURATION STARTING AT THE TIME OF RECEIPT OF PAYMENT IN FULL OF ONLINE PURCHASE OR LICENSOR’S INVOICE OF CREATIVE PACKAGE(S), ARTWORK and SERVICE(S). NO COMMERCIAL RIGHTS OR COPYRIGHT OF ANY KIND ARE TRANSFERRED IN THIS AGREEMENT. NO DIGITIAL USAGE RIGHTS OR DIGITAL FILES OF ANY KIND ARE INCLUDED IN ANY PURCHASE OF ANY CREATIVE PACKAGE, SERVICE, OR ARTWORK. Client’s Usage Rights are transferred only upon: (a) Client’s acceptance of all terms contained in this Agreement and all other written agreement made in connection with Client’s order, (b) Licensor’s receipt of full and timely payment, and (c) the use of proper copyright notice and other Copyright Management Information requested or used by Licensor in connection with the Artwork(s). Licensor reserves all rights to the Artwork(s) of every kind and nature, including, without limitation, print use, electronic publishing and use rights, in any and all media, throughout the world, now existing and yet unknown, that are not specifically licensed or transferred by this Agreement. Client shall not assign any of its rights or obligations under this Agreement unless purchase was as a gift purchase on shop.willowstreetpictures.com and provided that the assignee or transferee agrees to be bound by all of the terms, conditions, and obligations of this Agreement and all other written agreement made in connection with order. THE ASSIGNEE OR TRANSFEREE BY USE OF THE GIFT PURCHASE AGREES TO BE BOUND BY THIS AGREEMENT AND USAGE OF GIFT PURCHASE INDICATES THEY ACCEPT THESE TERMS AND ASSIGNEE OR TRANSFEREE AGREES TO ABIDE BY THEM. IF ASSIGNEE OR TRANSFEREE DOES NOT ACCEPT THESE TERMS, DO NOT PURCHASE A GIFT. Any voluntary assignment or assignment by operation of law of any rights or obligations of Client to assignee or transferee who does not accept the terms of this Agreement shall be deemed a default under this Agreement allowing Licensor to exercise all remedies including, without limitation, terminating this Agreement, obtaining full return of all Artwork(s) of any assignee and full and timely performance of all obligations and complete and substantial assurances of all future performance.
Fees, Charges and Advances: Client is severally responsible for full payment of all fees, charges and advances. The rights licensed, fees, charges and advances set forth in this Agreement apply only to the original specification of the Creative Package, Artwork and Services ordered. Additional fees and charges shall be paid by Client for any subsequent additions requested by Client to a Creative Package, Artwork and Services. All Creative Packages, Artwork and Services will be paid in full at the time of placing the order and/or if qualified according to the agreed time of Synchrony Financial. Payment in full is required to be completed prior to the date for the Client’s Creative Package and/or picking up of any Artwork(s) or Services ordered by Client.
Rescheduling Fee: A $100.00 rescheduling fee will be charged to Client for any rescheduling of a Creative Package photo shoot date when said rescheduling is originated by the Client and less than (7) seven calendar days from original schedule photo shoot date. All rescheduled photo shoots by Client are required to take place within (30) thirty days from original scheduled date or an additional $100.00 rescheduling fee will be charged to Client. A maximum postponement time of a Creative Package photo shoot date is (12) twelve months from original scheduled photo shoot date. After said time a new purchase of a Creative Package is required.
Health Issues Most of our Clients are experiencing a health-related issue with a family member whose condition is terminal, uncertain, or unexpected. In the event the Client’s originally scheduled date of the photo shoot cannot take place due to a true and verifiable (SIGNED DOCUMENTATION FROM FAMILY DOCTOR OR VETERINARIAN) family medical emergency or death, Licensor will waive the rescheduling fee and extend the time period up to 12 months from date of the purchase of a Creative Package for Client’s photo shoot. Client enters into the agreement fully aware of and agrees with the Licensor’s sales policy.
Online Sale Policy: Client understands, agrees and acknowledges they have lost the right to cancel if any in-person consultation, phone consultation or online consultation of a purchased Creative Package is initiated by Client regardless if said consultation was completed in full or only partially completed, ALL FEES PAID ARE NON-REFUNDABLE, NON-TRANSFERABLE, ALL SALES ARE FINAL including but not limited to if Client does not exercise their right to a full consultation, the photo shoot, and/or a premiere show does not place, and/or Artwork(s) are not picked up by Client. Client agrees to pay 100% of any purchases and fees made in connection with any Creative Package, Artwork and/or Services purchased.
Online Refund Policy: In the event a purchase was completed on shop.willowstreetpictures.com, for a Creative Package or a random dollar amount was selected and the Client did not start or initiate a consultation a full refund will be available up to 30 days from the date of purchase. This right does not apply to Artwork which is non-returnable and non-refundable. To complete your return of a Creative Package or random dollar amount, Licensor requires a receipt or proof of purchase. Once your return is received and inspected, Licensor will send you an email to notify you that we have received your returned item. Licensor will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to Client’s credit card within 30 days.
Exchanges: If you need to exchange a Creative Package for different one and it results in an increased price the outstanding amount will be due at the time of your consultation. If the exchange results in a credit that will be applied to your account and can be used for Artwork.
Online Payment and Collection Terms: Payment for Image(s) and all Services are payable in full at time of placing order. Any action to enforce the terms of this Agreement including but not limited to collecting full payment for Image(s), Creative Package(s) and/or Services ordered by Client, the Licensor shall be entitled to recover their actual attorneys’ fees, all collection fees, court costs and all other non-reimbursable litigation expenses such as expert witness fees and investigation expenses. No lawsuits pertaining to any matter arising under or growing out of this Agreement shall be instituted in any place other than the state of Licensor’s principal place of business; Berks County, Commonwealth of Pennsylvania.
Disclaimers and Limitation on Liability: THE WILLOW STREET PICTURES, INC CREATIVE PACKAGES, SERVICES AND ARTWORK ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS. WE SHALL NOT BE LIABLE TO CLIENT FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO CLIENT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
User Generated Content: Licensor has the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Willow Street Pictures Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to Client. Licensor is not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Accounts: Some Willow Street Pictures Services permit or require Client to create an account to participate or to secure additional benefits. Client agrees to provide and maintain accurate, current and complete information, including Client’s contact information for notices and other communications from us and Client’s payment information. Client agrees not to impersonate or misrepresent Client’s affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. Client agrees that Licensor may take steps to verify the accuracy of information Client provides, including contact information for a parent or guardian. Licensor has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, Licensor may suspend or terminate Client’s account and Client’s ability to use the Willow Street Pictures Services if Client engages in, encourage or advocate for illegal conduct, or if Client fails to comply with these terms or any supplemental terms.
Passwords and Security: Client is responsible for taking reasonable steps to maintain the confidentiality of Client’s username and password, and Client is responsible for all activities under Client’s account that Client can reasonably control. Client agrees to promptly notify us of any unauthorized use of Client’s username, password or other account information, or of any other breach of security that Client becomes aware of involving Client account or the Willow Street Pictures Services. The security, integrity and confidentiality of Client’s information are extremely important to us.
The Order Process: Client will have the opportunity to review and confirm Client’s order, including delivery address (if applicable), payment method and product details. Licensor will send to Client a notice when Licensor accepts Client’s order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to Client at the time Licensor sends the notice. At such time, the contract for sale will be made and become binding on both Client and Licensor. The risk of loss in any goods Client purchases and the responsibility to insure them passes to Client when the relevant goods are delivered. Licensor reserves the right to refuse or cancel any order prior to delivery. Some situations that may result in Client ‘s order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. Licensor also may require additional verification or information before accepting an order. Licensor will contact Client if any portion of Client’s order is cancelled or if additional information is required to accept Client’s order.
Payments and Billing: When Client provides payment information, Client represents and warrant that the information is accurate, that Client is authorized to use the payment method provided, and that Client will notify us of changes to the payment information. Licensor reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
International Shipping and Customs: When ordering services and goods for delivery to countries other than the country where the seller is located, Client may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by Client. For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the goods may not conform to destination country voltage (requiring use of an adapter or converter). You are responsible for assuring the goods can be lawfully imported to the destination country. When ordering from Licensor, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
Age Requirement: Client warrants they are over the age of (18) eighteen and competent to contract in their name in so far as this agreement is concerned and agrees that prior to all purchases whether online, over the phone or in-person, Client had ample time to read the financial requirements of this agreement and the creative process of the Creative Packages, Artwork and/or Services provided by Licensor.
Client Approval: Client is responsible for having its authorized representative present during all phases of the Creative Package and Service(s) to approve Licensor’s interpretation of the Creative Package and Service(s) ordered including approval at time of the consultation, photo shoot, premiere show and picking up the artwork. If no representative is present, Licensor’s interpretation shall be accepted. Client shall be bound by all approvals and changes they made.
Overtime A Creative Package includes a photo shoot up to an (1) hour or (2) two hours depending on which Creative Package was purchased. If at the Client’s request, an extension in time is made to their Creative Package, the Client agrees to pay an overtime fee $175 per hour billed in sixty minute increments. Overtime payment is due at the end of the photo shoot.
Artwork Storage: A maximum time period for storing orders is ninety (90) days from notification of completed order. After 90 days, a $15 per day holding fee will be applied to order. Maximum storage period is 180 days.
Force Majeure Licensor shall not be in default of this Agreement by reason of its delay in the performance of or failure to perform, in whole or in part, any of its obligations hereunder, if such delay or failure results from occurrences beyond its reasonable control and without its fault or negligence.
Re-shoots Client shall pay 100% of Licensor’s fees and charges for any re-shooting or redoing of a Creative Package and/or Services requested by Client. If the Artwork(s) become lost or unusable by reason of defects, damage, equipment malfunction, processing, or any other technical error, prior to delivery of the Artwork(s) to Client, Licensor will perform appropriate Creative Package and/or Service(s) again without additional fees, provided Client advances and pays all charges, and pays all fees and charges in connection with the initial order.
Limitation of Liability and Indemnity Even if Client’s exclusive remedy fails of its essential purpose, Licensor’s entire liability shall in no event exceed the cost of Creative Package fee paid to Licensor. Under no circumstances shall Licensor be liable for general, consequential, incidental or special damages arising from this agreement, the Creative Package, Service(s), the Artwork(s) or any injuries and/or the aggravation of any medical disorders caused by pet(s) participation in the Creative Package and/or Services ordered, or any acts or omissions of Licensor. Client shall indemnify, defend and hold Licensor and Licensor’s representatives harmless from any and all claims, liabilities, damages, and expenses of any nature whatsoever, including actual attorneys’ fees, costs of investigation, and court costs arising from or relating to Client’s direct or indirect use of the Services and Artwork(s) or in connection with Licensor’s reliance on any representations, instructions, information, or materials provided or approved by Client, or any injuries and/or the aggravation of any medical disorders caused by Client and/or pet(s) participation in a Creative Package and/or Services ordered.
Exclusive Photographer/Artist: The Licensor is the exclusive creator of all still images, still photos and video during all Creative Packages and Services ordered. No behind the scenes photos, videos or other mediums that are use to record are permitted at any time including but not limited to use of a CELL PHONE TO TAKE PICTURES OF CLIENT’S COMPUTER MONITORS.
Duplication of Artwork(s) Licensor’s Artwork(s) are intellectual property that is copyright protected. NO TRANSFER OF COPYRIGHT IS GRANTED TO CLIENT. Any duplication of any Artwork in any form now existing or yet unknown by Client is not granted. This includes but not limited to taking photos with mobile devices of images or artwork on computer screens and project screens. Client is responsible to inform and enforce this term with their Guests, Family, Relatives, Friends and any other party that accompanies Client and agrees to up hold the copyright law of America to each piece of Artwork whether displayed in their home or other location. Client shall pay to Licensor a fee for each copy or duplication or transmission that is made without written consent by Licensor. In any event, Client agrees that monetary damages caused by the copying or duplication or transmission of any Artwork shall not, under any circumstances, be no less than five thousand dollars for each copy or duplication or transmission.
Loss or Damage Client assumes all risk for all Artwork(s) and Services supplied by Licensor to Client, from the time of Client’s receipt. Client assumes full risk of loss or damage to or arising from materials furnished by Client hereunder and warrants that said materials are adequately insured against such loss, damaged, or liability. Client shall indemnify Licensor against all claims, liability, damages, and expenses incurred by Licensor or any third party in connection with any claim arising out of use of said material hereunder.
Premier Show At the premier show the favorites selected by the Client during the photo shoot will be projected onto a large screen and will be displayed in color, black & white and sepia tone. Client’s premier show takes place 1x at our Gallery located at 2212 Penn Avenue West Lawn, PA 19609. The premier show date is scheduled at the conclusion of the photo shoot. The premier show usually takes place two weeks after a photo shoot with a maximum time period of 60 sixty days from the photo shoot. After 60 days, the Premier Savings is no longer available and pricing automatically reverts to Regular prices.
Premier Savings To qualify for Premier Savings the Client’s Premier Show (a) takes place within 60 days of the Client’s photo shoot (b) Client completes their order for Artwork(s) before the conclusion of the Premier Show with a full payment via credit card, check or cash, or a (6) six month or (12) twelve month payment option, or any combination of the above. (c) Client signs an order confirmation prior to the conclusion of the Premier Show. The Premier Savings Price is available only 1x time during the Client’s original Premier Show.
Payment Option A (6) six month or (12) twelve month no interest “if paid in full” option is available by Synchrony Financial to qualifying Clients for purchasing Artwork(s) and/or the Service of picture framing. See www.mysynchrony.com card for complete details.
Archiving Of Images The Licensor makes no guarantee of archiving, storing, or saving of any Artwork(s) beyond 90 days from the date of the Clients photo shoot.
Payment and Collection Terms Payment for Artwork(s) and all Services are payable in full at time of placing order unless a Synchrony Financial or other payment option has been completed. Any action to enforce the terms of this Agreement including but not limited to collecting full payment for Artwork(s), Creative Package(s) and/or Services ordered by Client or Client’s Representatives, the Licensor shall be entitled to recover their actual attorneys’ fees, all collection fees, court costs and all other non-reimbursable litigation expenses such as expert witness fees and investigation expenses. No lawsuits pertaining to any matter arising under or growing out of this Agreement shall be instituted in any place other than the state of Licensor’s principal place of business; BERKS COUNTY, Commonwealth of Pennsylvania.
Modifications, Governing Law and Miscellaneous This Agreement sets forth the entire understanding and agreement between Licensor and Client regarding the Creative Package(s), Service(s) and/or the Artwork(s). This Agreement supersedes any and all prior representations and agreements regarding the Creative Package(s), Service(s) and/or the Artwork(s), whether written or verbal. Neither Licensor nor Client shall be bound by any purchase order, term, condition, representation, warranty or provision other than as specifically stated in this Agreement and including all other written agreement made in connection with an order. No waiver or modification may be made to any term or condition contained in this Agreement unless in writing and signed by Licensor. Waiver of any one provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement and Licensor’s failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid or unenforceable. If the offending provision cannot be so modified, it shall be considered deleted from this agreement. Unless otherwise required by law, the illegality invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement. Any objections to the terms of this Agreement must be made prior to signing or this Agreement and all other written agreement made in connection with an order shall be binding. Notwithstanding anything to the contrary, no Artwork(s) may be used in any manner without Licensor’s prior written consent, and Client’s commissioning of any Creative Package(s), Artwork(s) to be created or Service(s) ordered constitutes Client’s complete acceptance of this Agreement. The formation, interpretation, and performance of this Agreement shall be governed by the laws of the state of the Licensor’s principal place of business (Pennsylvania), excluding the conflict of laws rules of that state. All paragraph captions in this Agreement are for reference only, and shall not be considered in construing this Agreement.
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We share a common goal and that’s having an awesome time together and making it a great experience. We greatly appreciate that you read our agreement. If you have a question or concern please call us prior to making the purchase. We would love to talk with you. Please click here to schedule a call back or feel free to call anytime Monday through Saturday 9-5 EST at 610-375-3424.