Artwork Leasing. The Customer hereby agrees to lease from Globop Photography the artwork(s) identified in the sales order/invoice, and as consideration therefore, the Customer agrees to pay the lease fees in the amounts and within the time frames set forth on this agreement. The Customer and Globop Photography agree that this agreement shall apply to all artwork(s) leased by the Customer from Globop Photography and that Globop Photography may, from time to time, modify, supplement and amend this agreement to reflect the lease or return of artwork(s) by the Customer under this agreement.
Title to Artwork. Title to the artwork(s) shall remain at all times with Globop Photography. No title or right to the leased artwork(s) shall pass to the Customer, except the rights herein expressly granted.
Maintenance and Alterations. The Customer shall keep the leased artwork(s) in the same condition as originally conveyed by Globop Photography to the Customer, in a safe environment, and shall only use the artwork(s) for its intended purpose. The Customer shall avoid hanging the artwork(s) in direct sunlight and keep all prints away from high humidity and overly warm places. Artwork(s)shall not be stored in areas with extreme temperature changes such as storage units. Ideally the artwork(s) should be in an environment with stable temperatures and away from ventilation devices pumping hot or cold air. The artwork(s) shall be hung high enough on the wall so children cannot reach it. If hung in a high-traffic area the Customer shall make sure the artwork(s) are securely fastened to the wall. For cleaning purposes, fingerprints, dust and dirt can be wiped out with a dry or damp, soft, non-fuzzy cloth (microfiber rags work really well). The Customer shall not use glass cleaning products under any circumstances for mountings on backing board or under acrylic glass. Please also avoid putting pressure on the surface when wiping.
Membership Pause. The Customer shall notify of a desired pause in the lease membership no later than 5 days before the next billing cycle, which starts on the first day of the lease month (lease months start the day of the initial shipment and may not follow calendar months). In such case, the Customer will be responsible for the return shipping costs of the current artwork(s) and, upon reactivation, the shipping costs of the replacement piece. Memberships may not be paused for a period of time longer than one rotation term.
Image Selection and Preferences. The Customer may choose:
(a) To receive any particular image available in our store.
(b) Provide some tips so the team at Globop Photography can make a selection for the Customer.
(c) Leave it completely up to Globop Photography to decide which piece the Customer will receive next.
In cases where the Customer opts to select (a) or provide guidance (b), these instructions shall be given in writing to Globop Photography no later than 21 days prior to the next expected delivery.
Terms and Termination of Agreement. This Agreement shall continue in full force and effect until:
(a) Termination: the leased artwork(s) is returned by the Customer to Globop Photography and all amounts due hereunder have been paid. At any point after the initial 3-month leasing period, the Customer may terminate this agreement. The Customer has 5 business days to inform Globop Photography of its intent to terminate the agreement in writing and return the leased artwork(s) in its original condition to Globop Photography. If the Customer does not meet the 5 business day deadline, Globop Photography will charge the Customer’s credit card the appropriate lease rate for an additional month. Globop Photography does not issue prorated refunds or credits for any leased artwork(s).
(b) Purchased: the leased artwork is purchased by the Customer for purchase price. At any time during this agreement, the Customer may purchase any individual leased artwork. 100% of the account's initial set-up fee and 50% of the monthly fees paid for that specific piece of artwork being purchased will be applied to the purchase order for that individual piece.
Security Deposit. The initial one-time fee charged to the Customer’s credit card will serve as a non-refundable security deposit. This charge will be applied towards the purchase of a leased artwork shall the Customer elect to purchase the piece as stated in clause 4(b). The Customer must keep a valid credit card on file during the term of the lease with Globop Photography.
Liability. During the term of this agreement, the Customer shall be solely responsible for any loss or damage to the leased artwork(s). The Customer hereby assumes and shall bear the entire risk of loss for theft, damage, destruction or other injury to the leased artwork(s) from any and every cause whatsoever. No such loss or damage shall impair any obligation of the Customer under this agreement, which shall continue in full force and effect. In the event of damage to or loss of the leased artwork(s), or any component thereof, the Customer shall pay the current standard retail price of the leased artwork(s) prior to such loss or damage, in which case this agreement shall terminate except for any Customer duties, as of the date such payment is received by Globop Photography. If the Customer wants to continue his membership, a new account shall be set-up with the associated set-up fees.
Required Credit Card Information and Terms. A valid credit card or PayPal account is required for the lease and other charges contemplated by this agreement (including payment for the leased artwork(s) in the event of loss or damage as provided in this agreement). The Customer hereby authorizes Globop Photography to charge the credit card or PayPal account provided to pay for the charges covered by this agreement. The Customer will pay in full the initial set-up fee and the first month of the lease before taking possession of any leased artwork(s). After the first month, Globop Photography will charge the Customer’s credit card or PayPal account on the first day of the month of the continuing lease for all leased artwork(s) in the amount respective to the lease period. Lease months start the day of the initial shipment and may not follow calendar months. Globop Photography reserves the right to charge the Customer’s credit card or PayPal account for all other charges contemplated by this agreement.
Recall of Leased Artwork(s): Occasionally (this is not common), the leased artwork(s) (only originals), may be recalled by Globop Photography because of a sale. Globop Photography will, at its own expense, retrieve the leased artwork(s) from the Customer and replace it with other artwork(s) that is mutually acceptable to the Customer and Globop Photography to fulfill the terms of the lease or the Customer will receive a full credit for all lease payments made on the recalled leased artwork(s).
Default. If the Customer defaults in any performance required herein for a period of 30 days, then (i) this agreement may be terminated by the Globop Photography, (ii) Globop Photography shall have the right to enter the Customer’s premises and remove the leased artwork(s), without notice, and (iii) Globop Photography shall be entitled to pursue any other remedies available to it at law and in equity.
No Waiver. Waiver of breach or failure to strictly enforce the terms of this agreement shall not preclude a party from asserting a subsequent or continuing breach or from otherwise requiring strict conformance with the terms of this agreement.
Non-Payment. In the event legal action is necessary to enforce the payment terms of this agreement, Globop Photography shall be entitled to collect from the Customer any judgment or settlement sums due plus reasonable attorneys fees, court costs and other expenses incurred by Globop Photography for such collection action and, in addition, the reasonable value of the expenses spent for such collection action, as governed by the State of California.
Warranties. GLOBOP PHOTOGRAPHY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SUITABILITY, DURABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, INFRINGEMENT, MERCHANTABILITY OR INTENDED USE. IN NO EVENT SHALL GLOBOP PHOTOGRAPHY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF PROFITS, RESULTING FROM ANY FAILURE OF THE PERFORMANCE BY GLOBOP PHOTOGRAPHY.
Entire Agreement. This agreement contains the entire understanding of the parties and shall be construed under and in accordance with the laws of the State of California.