Terms & Conditions

By booking any photography service, you are agreeing to the following terms and conditions.

MODEL RELEASE (For Project Participants Only)

 

For Consideration herein acknowledged as received, and by electronically signing this release I hereby give the Photographer / Studio and Assigns my permission to license the Content and to use the Content in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified. I acknowledge and agree that I have consented to publication of my ethnicity(ies) as indicated below, but understand that other ethnicities may be associated with the images by the Photographer / Studio and / or Assigns for descriptive purposes.

 

I agree that I have no rights to the Content, and all rights to the Content belong to the Photographer / Studio and Assigns. I acknowledge and agree that I have no further right to additional consideration* or accounting, and that I will make no further claim for any reason to Photographer / Studio and / or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws (excluding the law of conflicts) of the country/state from the following list that is nearest to the address of the Model (or Parent*) given opposite: New York, Alberta, England, Australia and New Zealand.

It is agreed that personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfill this purpose, including by being shared with sub-licensees / assignees of the Photographer / Studio and transferred to countries

with differing data protection and privacy laws where it may be stored, accessed and used. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.

Definitions: “ASSIGNS” means a person or any company to whom Photographer / Studio has assigned or licensed rights under this release as well as the licensees of any such person or company. “CONSIDERATION” means $1 or something else of value received in exchange for the rights granted in this release. “CONTENT” means all photographs, film, audio, or other recording, still or moving, taken as part of the Shoot. “MEDIA” means all media including digital, electronic, print, television, film, radio and other media now known or to be invented. “MODEL” means the subject of the photographs and includes any appearance, likeness and voice. “PARENT/ GUARDIAN” means the parent and/or legal guardian of the Model or subject. Parent and Model are referred to together as “I” and “me” in this release, as the context dictates. “PHOTOGRAPHER / STUDIO” means Photographer / Studio, illustrator, filmmaker or cinematographer, or any other person or entity photographing or recording the subject. “SHOOT” means the photographic, film or recording session described on this web page.

INDEMNIFICATION

 

Client hereby agrees to indemnify, release, discharge and hold harmless the Photographer, its heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority of the Photographer from and against any liability or claims arising as a result of any work done related to this agreement. This includes, but is not limited to claims related to the use of the likenesses of anyone captured in the images or any distortion, blurring or alteration that may occur or be produced in the taking, processing or reproduction of the photographs.

CLIENT RIGHTS - PERSONAL AND ADVERTISING

Regarding the images delivered, as digital files or otherwise, Client’s rights are limited to personal use and advertising. Photographs may not be sold unless otherwise specified by the Photographer.

 

ENTIRE AGREEMENT

 

This is the entire agreement between Photographer and Client and supersedes all previous agreements. It cannot be altered without written consent of both Photographer and Client.

LIMITATION OF LIABILITY

Although all care will be taken with these photography services and the digital photographs taken, the Photographer limits any liability for loss, injury, death, inability to perform the photography services for any reason, failure to deliver images for any reason or any other types of damages to the return of all payments already paid to the Photographer up to Total Amount defined above.

DELIVERY OF PHOTOS

 

No part of any order, including previews, will be delivered until the balance is paid in full.

DIGITAL PHOTOS

You'll receive each photo as a high-resolution digital file to enjoy anywhere you want. Prints are available for an additional cost.

DESCRIPTION OF SERVICES

 

This agreement constitutes an order for portrait photography services, and any additional services outlined in Package. It is agreed to by both parties, Photographer and Client, as described. Client agrees to pay Total Amount by the Final Payment Due By Date as defined.

TRANSFER

 

This agreement cannot be transferred or assigned to any third party by either the Photographer or Client without written consent of both Parties.

 

DATE RESERVATION FEE

 

The Amount Due at Signing, as defined above, is a Date Reservation Fee. Upon receipt the Photographer will reserve the time agreed upon for the Event Date and will not make another reservation for the agreed upon time. For this reason, the Date Reservation Fee is non-refundable.

EXECUTION

Digitally signing this agreement has the same effect as manually signing a paper original.