Entire
Agreement:
This agreement contains the entire understanding between
BJM Productions and the CLIENTS. It superseded all
prior and simultaneous agreements between the parties.
The only way to add or change this agreement is to do
so in writing, signed by all the parties. If the parties
want to waive one provision of this agreement that does
not mean that any other provision is also waived. The
party against whom a waiver is sought to be effective
must have signed a waiver in writing.
COPYRIGHTS:
All photographs produced by BJM
Productions are property of BJM Productions and
protected by Federal Copyright Law (all rights reserved)
and may not be reproduced in any manner without
explicitly written permission from BJM Productions. This
includes, but is not limited to, the scanning or copying of
any image is prohibited, the use of images on a personal
or commercial website is prohibited and publishing or
selling the photographs for profit is prohibited.
EXHIBITION:
CLIENTS grant BJM Productions permission
to display any images resulting from this assignment as
an example of BJM Productions work and for entrance into
photographic competitions and release all claims to profits
that may arise from use of images.
MODEL
RELEASE: The CLIENTS hereby grant to BJM
Productions and its legal representatives and assigns,
the irrevocable and unrestricted right to use and publish
photographs of the CLIENTS or in which the CLIENTS may
be included, for editorial, trade, advertising and any other
purpose and in any manner and medium; to alter the same
without restriction; and to copyright the same. The CLIENTS
hereby releases BJM Productions and its legal representatives
and assigns from all claims and liability relating to said
photographs.
SAFETY:
Photography is done on location and safety is
of the utmost concern. It is the parent or guardian's
responsibility to watch their children at all times. The parent
or guardian must sit or stand next to their child(ren) at all
times during the sitting. At no time may the parent or
guardian hold BJM Productions responsible for failure on
the abide by the safety agreement.
RESHOOTS:
Reshoots are at the discretion of BJM
Productions and are not given for regretful personal
choices such as hair and clothing choices.
CANCELLATION:
Once the BJM Productions has been
commissioned, the CLIENT is responsible for payment of
all expenses incurred up to the time of cancellation.
FAILURE
TO PERFORM: If the BJM Productions cannot
perform this Agreement due to a fire, other casualty, strike,
act of God, or other cause beyond the control of the parties
or the Photographers illness, then the BJM Productions
shall return Retainer Fee to the CLIENT but shall have no
futher liability with respect to the Agreement. This limitation
on liability shall also apply in the even that photographic
materials are damaged in processing, lost thru camera
malfunction, lost in the mail, or otherwise lost or damage
without fault on the part of BJM Productions. In the even
that BJM Productions fails to perform for any other reason,
the Photographer shall not be liable for any amount in excess
of the retail value of the CLIENTS order.
The terms and
conditions of this contract super cede any
and all expressed or implied terms and conditions of CLIENTS
purchase order, voucher or check (payment). Any
exceptions of terms and conditions must be negotiated
and stated herein as amendment(s). The CLIENTS signature
constitutes binding contract. The person or persons signing
this represent and covenant that he/she is of full legal age
and has the right and capacity to contract in their own name
in their jurisdiction of residence.