TERMS AND CONDITIONS

Copyright Ownership.  

In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with this Agreement, Provider 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 this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of Provider 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 Provider 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

2. In personal creations, such as a scrapbook or personal gift; or

3. In personal communications, such as a family newsletter or email or holiday card.

4. Indemnification:

4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is in no obligation to capture any specific moment, or pose, or person(s) during the SHOOT.

4.2 – If PHOTOGRAPHER is unable to perform the services in this contract for any cause outside its control, client agrees to indemnify photographer for any damage, loss, liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.

4.3 – CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.

4.4 – CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot more than sixty (60) days after the photos have been delivered to the client.

4.5 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury, which may occur as the CLIENT poses or works with PHOTOGRAPHER.

4.6 – PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.

5. Duty of Client:

CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permissions at reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT agrees that any failure to obtain these permissions resulting in fines to the photographer, or which prevent the photographer from photographing the event(s), is not the fault, liability, or responsibility of the photographer.

6. Exclusive Photographer:

CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or set-ups made by the photographer. This slows the photographer’s work and violates the photographer’s right to take pictures at the event(s).

7. Model Release:

CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sub-licensees permission to use CLIENT’S image, or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website, or other advertising.