LIABILITY WAIVER - TERMS AND CONDITIONS
(This form MUST be filled out and signed before your session will takes place. Please read through it carefully. )
This is an agreement contract between the above-referenced Client Name, known for the purposes of this Agreement as "CLIENT," and Trevor Brody Photography, known for the purposes of this Agreement as PHOTOGRAPHER. CLIENT and PHOTOGRAPHER agree to the following:
1. It is understood that PHOTOGRAPHER is the exclusive official photographer retained to perform the photographic services requested on this Contract.
2. Trevor Brody Photography may substitute another photographer to take the photographs in the event of illness or of scheduling conflicts. In the event of such substitution, Trevor Brody Photography warrants that the photographer taking the photographs shall be a competent professional.
3. No part of any order will be delivered until the balance is paid in full.
4. Upon signature, PHOTOGRAPHER shall reserve the time and date agreed upon. Unless PHOTOGRAPHER is able to fully replace the canceled reservation, all sitting fees and deposits are non‐refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
5. The charges in this Contract are based on Trevor Brody Photography Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
6. The client has unlimited personal rights & limited commercial usage rights to the photography created during the assignment; Rights include commercial use on company website & social media platforms. Rights can be unlimited if mutually agreed to. Images if appearing in public magazine or newsprint must include photo credit of “Trevor Brody Photography”.
7. Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this session. PHOTOGRAPHER is not responsible if key individuals fail to appear or cooperate during photo sessions or for missed images due to details not revealed to PHOTOGRAPHER.
8. CLIENT warrants that he or she has actual authority to agree to the use of the likeness of all persons included in portrait(s) and shall indemnify and defend PHOTOGRAPHER in the event of litigation arising out of such use.
9. PHOTOGRAPHER will take photographs of CLIENT during the photo session(s). Within 7 days of final payment being made, unless otherwise negotiated, PHOTOGRAPHER will give CLIENT online access to a password-protected web gallery of proofing images. Images will be low-resolution proofs for online viewing only. CLIENT will have access to the proofing gallery for 7 days. CLIENT will select a mutually agreed upon number of images per session to be edited from the gallery as final images from the session. PHOTOGRAPHER will deliver the final images via an online file transfer service within 7 days of CLIENT's notification of final selection. The final images will include complete retouching. No part of any order, including previews, will be delivered until the balance is paid in full.
10. CLIENT understands and agrees that PHOTOGRAPHER will deliver final retouched full-resolution images (per session) at 300 DPI via an online file transfer service.
11. CLIENT understands and agrees that low-resolution images in the online proofing gallery may not be reproduced or distributed or printed by any means whatsoever.
2. Copyright and Licensing of Images
12. CLIENT understands and agrees that PHOTOGRAPHER owns the copyright to all images and reserves all rights to them. PHOTOGRAPHER has unlimited worldwide rights to the images, including full and exclusive commercial and reproduction rights.
13. PHOTOGRAPHER grants to CLIENT usage rights for the final images from each individuals/groups session. This includes posting of images on the CLIENT's website and social media outlets. CLIENT may not reproduce or sell the images in either digital or print form without prior consent. Other rights can be allowed if mutually agreed upon or if photo credit is given to Trevor Brody Photography. It is ILLEGAL to copy or reproduce these photographs elsewhere without Trevor Brody Photography’s permission and violators of this Federal Law will be subject to its civil and criminal penalties.
14. PHOTOGRAPHER reserves the right to use images created under this contract for advertising, promotional, display, publication or other purposes. The CLIENT signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait(s) in this manner and shall indemnify and defend PHOTOGRAPHER in the event of litigation arising out of such use. Digital Negatives, RAW digital files, and previews remain the exclusive property of PHOTOGRAPHER.
3. Rescheduling and Cancellation
1. In the unlikely event that PHOTOGRAPHER is unable to provide the services on the scheduled date, the CLIENT may reschedule the session and the terms of this Agreement to a future date or terminate the agreement without further action.
4. Limit of Liability
1. Services provided are non-refundable.
2. If for any reason CLIENT is not entirely satisfied, please communicate with PHOTOGRAPHER immediately so the issue can be resolved. Reshoots will be done at the sole discretion of PHOTOGRAPHER.
3. If Trevor Brody Photography cannot perform this contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to PHOTOGRAPHER’s illness or emergency, then the PHOTOGRAPHER shall return any deposit or sitting fee to CLIENT but shall have no further liability with respect to the Contract. Should CLIENT cancel or postpone event/session, any deposit received is nonrefundable.
4. In the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond PHOTOGRAPHER's control, PHOTOGRAPHER's liability is limited to scheduling a new session in order to complete services paid for. PHOTOGRAPHER is not responsible for refunding any fees or any other expenses or fees paid by CLIENT to any third party such as a makeup artist. This limitation on liability shall also apply in the event that photographic materials are damaged in processing or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of PHOTOGRAPHER.
5. CLIENT understands and agrees that PHOTOGRAPHER is not responsible for or liable in any way for any damage to or loss of CLIENT's belongings or for any personal injury to CLIENT before, during or after the session.
CLIENT shall indemnify, defend and hold harmless PHOTOGRAPHER and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees arising out of or resulting from the performance of the work described in this Agreement.
6. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of PHOTOGRAPHER.
7. In the event that PHOTOGRAPHER fails to perform for any other reason, PHOTOGRAPHER shall not be liable for any amount in excess of the retail value of the CLIENT’s order.
8. Both parties agree to seek a third-party mediator or arbitrator for any disputes that arise as a result of this Agreement.
9. Creative License: Images are edited at the PHOTOGRAPHER’s discretion, and delivered prints may not include all images shot. PHOTOGRAPHER reserves the creative right to edit and release only those deemed creditable as professional in quality and within the PHOTOGRAPHER’s artistic standards. RAW and unedited (digital negatives) files will not be released to CLIENT. Files that will be released will be in jpeg format as outlined within collection purchased if files are included in the purchased collection. Note that the PHOTOGRAPHER uses his/her professional judgment to take certain photos in black and white format in camera – meaning no color images of these files would be available. If a color photo has been turned into a black and white image, you will receive both color and black and white format of said photo, otherwise, if you only receive a black and white image, that means it was taken that way in camera and no color version is available
10. Requested Photos: While PHOTOGRAPHER will make every reasonable effort to take photos that may be specifically requested by CLIENT, CLIENT understands that due the vagaries of the weather, available light, time restrictions, and willingness of subjects, PHOTOGRAPHER cannot possibly guarantee that requested photos will be taken and no specific pose or photograph can be promised and PHOTOGRAPHER will not be responsible for any missed moments. Due to the limited and subjective nature of the event PHOTOGRAPHER cannot be held responsible for requested photographs not taken, compromised, or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by location restrictions, the lateness of contracting parties, or other principles, or the rendering of decorations of the location. PHOTOGRAPHER is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. It is acknowledged that any requests submitted to PHOTOGRAPHER will be used for organizational purposes only and in no way represents photography that will actually be produced. PHOTOGRAPHER will do her best to fulfill all requests but can make no guarantees all images will be delivered. CLIENT is responsible for all location fees and permits
11. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.
Property Release (When required)
For good and valuable consideration herein acknowledged as received, the undersigned, being the legal owner of, or having the right to permit the taking and use of photographs of, certain property designated as the statues in front or inside of the (Address To Be Entered Below), does irrevocably grant to Trevor Brody Photography ("Photographer"), his/her heirs, legal representatives, agents, and assigns the full perpetual rights to take and use such photographs in advertising, trade, or for any purpose. The undersigned also consents to the use of any printed matter in conjunction therewith. The undersigned hereby waives any right that he/she/it may have to inspect or approve the finished product or products, or the advertising copy or other published matter that may be used in connection therewith, or the use to which it may be applied. The undersigned hereby releases, discharges, and agrees to save harmless and defend Photographer, his/her heirs, legal representatives, and assigns, and all persons acting under his/her permission or authority, or those for whom he/she is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, even though it may subject the undersigned, his/her/its heirs, representatives, successors, and assigns, to ridicule, scandal, reproach, scorn, and indignity. The undersigned hereby warrants that he/she is a legally competent adult and has every right to contract in his/her own name in the above regard. The undersigned states further that he/she has read the above authorization, release, and agreement, prior to its execution, and that he/she is fully familiar with the contents thereof. If the undersigned is signing as an agent or employee of a firm or corporation, the undersigned warrants that he/she is fully authorized to do so. This release shall be binding upon the undersigned and his/her/its heirs, legal representatives, successors, and assigns.