Client’s Agreements Related to Services
Client accepts all responsibility for all persons present, and all injuries that they may receive and all property and/or personal damage caused and/or experienced by any individual. Photographer has no legal or financial liability to any individual attending this
scheduled Photoshoot for any reason or cause.
Copyright & Print Release
Anna Barker retains copyright in these photographs and hereby grants the client unlimited but non-exclusive rights to use or produce the photographs for which the client pays. The Client agrees that photographs will not be altered in any way by the client such as editing, filtering, or excessive cropping.
This is the entire agreement between Company and Client and supersedes all previous agreements. It cannot be altered without written consent of both Photographer and Client.
Fees and Costs
Client shall be responsible for any and all fees and costs associated with the Session, including any fees to rent or buy props or other elements to be used in the shots, rent any equipment that is necessary beyond standard photographic equipment (camera and lighting), rent any location, and obtain any necessary photography permits.
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 Company 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.
To the extent that Photographer must cancel the Session, all payments made to Photographer from Client shall be fully refunded. The refund shall be paid out within thirty (30) calendar days from the cancellation date.
Duty to Arrive on Time
Photographer and Client are obliged to show up at the agreed upon time for the Photo Session.
If Client is late to the Session, Client shall not be entitled to an extension of the time to complete the Session. Photographer shall make reasonable efforts to complete all photographic requests during the time available, but cannot guarantee completion if Client is late.
Safety of Client and Photographer
It is important that both Client and Photographer feel safe throughout the Session. The parties agree as follows with respect to safety:
Photographer has the absolute right to refuse to continue with a shoot if, at any time, Photographer feels unsafe (with respect to Photographer’s person and/or property) or is subjected to harassment, threats, abusive behaviors, or other hazardous conditions (whether from Client or from others in the immediate environment). If the threat, abuse, harassment, or other unsafe condition is not the result of any action by Client, Photographer and Client shall either reschedule the Session or move the Session to a non-threatening location. If Client harasses, threatens, or abuses Photographer or puts Photographer in a hazardous position, Client shall not be entitled to a refund or to have the Session rescheduled.
Client has the absolute right not to feel uncomfortable or unsafe during the Session. Client agrees to raise any concerns to their safety or discomfort as soon as they arise. Photographer shall comply with any requests and honor any concerns raised by Client. Because Client is responsible for voicing any concerns, Client agrees not to hold Photographer liable for any injury, harm , or damage that may occur during the Session, including from Client taking direction from Photographer. By following the direction of Photographer without stating concerns, Client takes full responsibility for Client’s actions and all the consequences of those actions.
To the extent that the Session is scheduled to occur outside and is interrupted or prevented by inclement weather, Photographer and Client shall determine a suitable alternate location and/or photoshoot date. Photographer and Client shall discuss potential inclement weather on the day of the shoot and make a determination whether the Session should be relocated or rescheduled.
The Client hereby permits, authorizes, grants, and licenses Photographer and its affiliates, successors, assigns, and licensees, and the employees, officers, directors, and agents of each and all of them (“Authorized Persons”), the rights to use, publish, reuse, republish, distribute, disseminate, display, exhibit, transmit, broadcast, reproduce, record, modify, alter, edit, adapt, sell, rent, license, otherwise use, and permit others to use their image for artistic and commercial use in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created on any platform and for any legal purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of Photographer and its licensees and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to the Client.
To the fullest extent permitted by applicable law, the Client hereby irrevocably waives all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world arising directly or indirectly from the Authorized Persons’ exercise of their rights under this Agreement. The Client represents and warrants to Photographer that they are at least eighteen (18) years of age, and have full right, power, and authority to enter into this Agreement and grant the rights hereunder.
To the extent that any minors will be included in the photographs, the Client represents and warrants to Photographer that they are the parent and/or legal guardian of the minor, and/or have obtained full right, power, and authority to enter into this Agreement and grant the rights hereunder for all minor subjects to be photographed within this photoshoot.
Client grants Anna Barker Photography permission to post these photos online and in printed materials.
Digitally signing this agreement has the same effect as manually signing a paper original.
Client may not sub-license the photographs except to the extent the photograph is sub-licensed to be used by a third party to promote: (1) Client’s business (e.g., in affiliate marketing or by a joint-venture partner), (2) Client’s appearance at an event (e.g., a live or virtual summit), or (3) Client’s appearance on the third-party’s platform (e.g., as a podcast guest, guest blogger, or video guest).
Client may not use the photographs to create physical products for sale, except that Client may use the photographs on the cover or in the contents of a book authored by Client.
Client may not: (1) sell copies of the photographs to anyone, (2) enter the photographs into any contests, (3) provide the photographs to be used as stock photos, (4) upload the photographs to any photo-sharing websites, (5) provide the photographs to any third party to be used on social media except as allowed by the provision governing sub-licenses above, (6) use photographs in association with any illegal business or venture, (7) use photographs in association with any pornographic business or venture.
Client is not required to provide attribution or otherwise credit the Photographer in any way, but Client m ay not falsely represent or im ply that the photographs are attributable to anyone other than Photographer.
While attribution is not required, it is appreciated where appropriate.
Should Client wish to credit the Photographer, Client should do so in the following ways based on the platform being used:
On a Website: Anna Barker/Anna Barker Photography & www.annabarkerphoto.com
On Instagram : @annabarkerphoto
Relationship of Parties
Photographer is an independent contractor with respect to Client. Photographer is not an employee of Client, and this agreement does not create a partnership, joint venture, or any other relationship between the parties.
This agreement shall be governed by the laws of Indiana.
By booking photography services of Anna Barker & Anna Barker Photography LLC, you agree to the terms of this contract on behalf of yourself and any other subjects to be photographed with you.