By working with me (Tom Bertolotti) and any of my associates you understand that, unless differently specified:
- Photographer will own all right, title and interest in all Work Product. Client (on behalf of itself and any attendees or participants at the photo shoot) hereby grants Photographer and any of its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any materials created by Client or attendees, during the performance of the Services, that may be protected by copyright or any intellectual property rights (“Client Materials”) as part of any Work Product or in connection with the marketing, advertising or promotion of Photographer’s services, including in connection with Photographer’s studio, portfolio, website or social media, in any format or medium. Client acknowledges and affirms that no other person or entity has any rights that may prevent or restrict Photographer from using Client Materials as provided herein.
- Photographer will grant the Client and their affiliates an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use Work Product for Client’s Use, provided that Client does not remove any attribution notices or copyright notices included by Photographer in any Work Product.
- Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Work Product Photographer provides to Client.
- Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.
- Client acknowledges and agrees that 1) Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style; 2) Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and 3) Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
- All of the above pertain to retail photography projects, including portrait sessions, headshots, editorials, and all of the projects in which the clients obtains the images for their personal and limited professional use and enjoinment. For these projects, the licensing is included within the service fee.
- This general agreement does not pertain to commercial photography projects, broadly understood as projects requiring a different license as involving destinations including (but not limited to) advertising, catalogue, commerce, or widespread publication: a different agreement will be drafted for those projects.
- The unlicensed commercial use of images produced under the terms of a retail photography project is illegal and will be prosecuted according to existing laws.