Terms of Service

USAGE RIGHTS AND OWNERSHIP:
 
Client acknowledges that Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Client appear on the reverse side of this Agreement. 

 

IMAGES 
 Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.

Unless otherwise agreed, Photographer retains the right to use the Image(s) for marketin, adverisement and his/her self-promotion. Client agrees that images can be posted in social media platforms for purpose of busniess marketing and promotion at any time after session has taken place. 

 The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc

Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs

Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure. 

PHOTOGRAPHIC INTEGRITY AND ALTERATIONS:
 
Client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer.  

All digital negatives (computer files) remain the property of the photographer. All digital images include a copy of the edited digital negatives to the client(s) for their own non-commercial use.

 

Portrait sessions include editing which consist of changes to the color, crop, contrast, & exposure at the photographers discretion.  Portrait sessions do not include retouching.  

 

GENERAL LIABILITY AND RELEASES:
 
Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).

 

Client will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).

 

Photographer is not responsible for obtaining model, property, trademark, copyright, or any other, releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.

 

Should Photographer agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release.

In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.

 

 

PERSONAL ACCIDENT

Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot. 

This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.