This Agreement is by and between Timothy Putz DBA Sambo’s Photos (“Photographer”) and [You] (“Customer”) which includes Customer’s principals, employees, affiliates, and representatives. Customer agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company, or organization. Photographer’s relationship with Customer is that of an independent contractor.
“Image(s)” means all visual representations delivered to Customer by Photographer, whether captured, delivered, or stored, in photographic, magnetic, optical, electronic, digital, analogue, or any other, media.
2. Usage Rights and Ownership
Customer acknowledges that Photographer is the author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). All Images and copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Customer appear on the reverse side of this Agreement. No electronic publishing, or Internet use, of any kind is permitted unless specifically stated.
IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.
Customer understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as aesthetic decoration or for peronsal collection purposes. The term of license begins from the date Photographer receives full payment of invoice.
Any use of the Image(s) will not constitute a work of joint authorship.
3. Photographic Integrity, Alterations, and Reproductions
Customer will not make or permit any alterations or reproductions, including, but not limited to, additions, subtractions, adaptations, photocopying, professional duplication, or scanning, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer.
4. General Liability and Releases
Customer 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, arising from Customer’s use of the Image(s).
Photographer is not responsible for obtaining model, property, trademark, or other releases in connection with any Image(s) unless specifically stated in this Agreement. It is Customer’s responsibility to obtain the necessary permissions for any Image uses that require a release.
It is Customer’s responsibility to determine whether any releases delivered by Photographer are suitable for Customer’s purposes.
In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.
Payment in full is due at checkout and required to begin order fulfillment process.
6. Print Quality
Photographer is committed to using high quality products. However, Customer is aware that color dyes, inks, and other materials, used in photography may fade or discolor over time. As such, Customer releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any fading or discoloration of any photographic prints.
7. Acceptance of Terms
Customer may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Customer and Photographer, as well as their respective principals, employees, representatives, and successors. Customer and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.
This Agreement will be deemed to be a contract made under the laws of California, and for all purposes will be interpreted in its entirety in accordance with these laws. Customer specifically and irrevocably confers personal jurisdiction over it by the courts of the district of Santa Barbara, California, USA. Customer will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Photographer.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Use of any Image(s) by Customer will constitute acceptance of all the above terms and conditions.