Terms and conditions

Hello! 

The below information is taken directly from the Whatcom Showcase Client Contract. This contract is sent to all clients prior to booking any event. Please reach out if you have any questions about the information below. When you book with Whatcom Showcase, you will receive a similar contract that is specialized to your event and will include your own personal information. Contracts such as this are for the safety of both Whatcom Showcase and the wonderful clients we work with. 

Exclusivity. Client understands and agrees that they have hired Whatcom Showcase exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Whatcom Showcase hires to complete the services outlined in this agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this agreement.

Copyright Ownership.  In the event that any copyrighted work(s) are created as a result of the services provided by Whatcom Showcase in accordance with this agreement, Whatcom Showcase owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling the agreement, are expressly and solely owned by Whatcom Showcase and may be used in the reasonable course of business.

Permitted Uses of Product(s). Provider grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Whatcom Showcase with attribution each time Client uses Provider's property. Personal use includes, but is not limited to, use within the following contexts:

1. In photos on Client’s personal social media pages or profiles; or websites. 

Consistency. Whatcom Showcase will use reasonable efforts to ensure your desired services are produced in a style and manner consistent with Whatcom Showcase current portfolio and Whatcom Showcase will try to incorporate any reasonable suggestion made. However, it is and agreed that:

1. Every client is different, with different tastes, budgets, and needs.
2. Whatcom Showcase services are often a subjective art and Whatcom Showcase has a unique vision, with an ever-evolving style and technique.
3. Whatcom Showcase will use its artistic judgment when providing service, which may not include strict adherence to suggestions.
4. Although Whatcom Showcase will use reasonable efforts to incorporate suggestions and desires when providing the services, Whatcom Showcase shall have final say regarding the aesthetic judgment and artistic quality of the services.
5. Dissatisfaction with Whatcom Showcase's aesthetic judgment or artistic ability are not valid reasons for termination of the agreement or request of any monies returned.

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to any agreement or services provided in the agreement are not to exceed the Total Cost of Services provided by Whatcom Showcase.

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, Whatcom Showcase shall refund 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 Whatcom Showcase 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) provided by Whatcom Showcase.

Cancellation, Rescheduling of Services or No-Show Client. If services are canceled, reschedule, or if it becomes impossible for Whatcom Showcase to render services due to the fault of the client or parties related to client, such as failure of the event to occur or failure of one or more essential parties to show up in a timely manner, client shall provide notice to Whatcom Showcase as soon as possible via the notice provisions detailed in their agreement. Whatcom Showcase has no obligation to attempt to re-book further services to fill the void created by the client’s cancellation, rescheduling, no-show or if it becomes impossible for Whatcom Showcase to provide the Services due to the fault of client (or parties related to client), and Whatcom Showcase will not be obligated to refund any monies previously paid towards the total cost.  The client is not relieved of any payment obligations for cancelled services, rescheduled services, failing to show up for the event, or should it become impossible for Whatcom Showcase to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.   For instance, if Whatcom Showcase is able to secure another, unrelated client for the booked event, then Whatcom Showcase may choose, at its sole discretion, to excuse all (or a portion of) client's outstanding balance of the Total Cost. 

Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
3. 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.

Failure to Perform Services. In the event Whatcom Showcase cannot or will not perform its obligations in any or all parts of the agreement, it (or a responsible party) will:

1. Immediately give Notice to Client via the Notice provisions detailed in the agreement; and
2. Issue a refund or credit based on a reasonably accurate percentage of services rendered; and
3. Excuse client of any further performance and/or payment obligations in the agreement.
4. 
   

Project: 

The client(s) expressly agree(s) to take best efforts to provide Whatcom Showcase and Whatcom Showcase's staff with safe and appropriate working conditions. In the event of circumstances deemed by either Whatcom Showcase or a bystander to present a threat or implied threat of injury or harm to Whatcom Showcase's staff or equipment, Whatcom Showcase reserves the right to cancel all services remaining under the agreement and leave if performing services on-location. At Whatcom Showcase discretion, they may enact a three-strike policy. After the first offense, the Provider will make reasonable efforts to notify the client(s) or a responsible party. If the client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), work shall be resumed in accordance with the original terms of the agreement. If the threatening behavior occurs for a second time, the client(s) will agree to remove the offending person for the remainder of the project. If the behavior occurs a third time, Whatcom Showcase will immediately leave the project. If Whatcom Showcase leaves the project early due to any offending behavior, the client(s) expressly agree to relieve and hold Whatcom Showcase harmless as a result of incomplete project coverage, or for a lapse in the quality of the Whatcom Showcase's work, and the client(s) shall be responsible for payment in full. 

Non Project:

The client(s) expressly agree(s) to take best efforts to provide Whatcom Showcase and their staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to Whatcom Showcase's staff, Whatcom Showcase will make reasonable efforts to notify the client(s). If the client(s) is/are able to respond to the threatening situation in a reasonable amount of time, Whatcom Showcase shall resume work in accordance with the original terms of the agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold Whatcom Showcase harmless as a result of incomplete services under the agreement, or for a lapse in the quality of the Whatcom Showcase's work. The client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Whatcom Showcase resumes work detailed in the agreement

Governing Law. The laws of   govern all matters arising out of or relating to the agreement, including torts.

Severability. If any portion of the 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 through email. 

Merger. The agreement constitutes the final, exclusive agreement between the parties relating to the event and services contained in the agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in the agreement are expressly merged into and superseded by the agreement.

Amendment. The parties may amend the agreement only by the parties’ written consent via proper Notice.