Terms - Brandon Boger Photography

Responsibilities: While Photographer will make every reasonable effort to take photos specifically requested by Client, Client understands that this is an uncontrolled event and that due to the vagaries of the weather, available light, time restrictions and the willingness of subjects, Photographer cannot guarantee that ALL requested photographs will be taken. Photographer takes the utmost care with respect to exposure, transportation and processing the photographs. However, in the unlikely event that all the photographs have been lost, stolen, damaged or destroyed for reasons beyond Photographer’s control, Photographer’s liability is limited to the return of all payments received for the session. The limit of liability for a partial loss of originals shall be a prorated amount of the package selected, based on the percentage of originals lost. If Photographer or his agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems and if he cannot provide another competent professional, all money received by Photographer, minus expenses, will be returned to Clients and Photographer shall have no further liability with respect to this agreement.

Images: Negatives, raw digital files, and any unedited photos are the property of the Photographer. Photographs will be chosen by Photographer to edit and supply to Client. Client will not receive every photograph taken, only those chosen and edited by Photographer.

Coverage: Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the session day and must be paid in full before any photos or products are released to the Clients. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only.

Payment: The agreed upon fee between the Client and the Photographer for the session is due at the time of the shoot unless other previous arraignments are made with the Photographer. Any charges incurred in shipping prints or products will be billed to the client. Prices for prints and products are valid for a period of thirty days after the date of your session.

Copyrights and Reproduction: All photographs taken by Brandon Boger Photography are the property of Brandon Boger Photography and are protected by United States Copyright Laws (U.S. Code Title 17). The Photographer shall retain the copyrights in perpetuity, regardless of possession or ownership of photographs, digital files or any other format of reproduction. You agree not to make copies for sale or for the purpose of circumventing sale of the images by Brandon Boger Photography. Clients may not reproduce images in any manner without Photographer’s explicit written permission.

Model release: This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners without restriction as to changes or alterations, for advertising, trade, promotion, exhibition or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Brandon Boger Photography. Client waives any right to inspect or approve the photographs, finished versions incorporating the photographs or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs and assigns. The Client recognizes and agrees that the Photographer may reproduce, publish (including internet), exhibit and otherwise use images created without specific identification of persons or events as samples of work to be shown to prospective clients, for instructional purposes and as samples of work to be displayed for marketing or competition.

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