Brandon Klein Photography

DIGITAL IMAGES AND COPYRIGHT:

It is understood that any and all digital imagery, video, audio recordings and materials; known as “content”; created by Brandon Klein remain the sole property of Brandon Klein and are protected by Federal Copyright Law and may not be reproduced, altered, sold or redistributed without the written consent of Brandon Klein.

The PHOTOGRAPHER grants the CLIENT rights to use the product in its completed form in the manner intended upon agreement of content production. All Content and materials remain property of Brandon Klein and may be re-edited or altered for the use of advertising, marketing, and promotional purposes. Archiving and storage of original Content will be retained for a period of 90 days following delivery of final product. It is the responsibility of the CLIENT for archiving and storage, and must notify the PHOTOGRAPHER should extended archiving be required, at additional cost prior to 90 days.

The CLIENT hereby grants full editorial and curation control to the PHOTOGRAPHER regarding all aspects of the production and post-production services. In the event a particular segment is either not captured, partially captured, or not a part of the edited master gallery, it is at the sole discretion of the PHOTOGRAPHER as the producer of the Content.

LIMIT OF LIABILITY:

Any liability on the part of Brandon Klein will be limited to the amount of monies paid, per individual project.

In the unlikely event that the PHOTOGRAPHER is rendered incapable of creating content as a result of injury, illness, safety concerns, or any other unforeseen circumstances, be they natural or manmade, the PHOTOGRAPHER will make every effort to secure an alternative arrangement in compliance with the original agreement. If the situation should occur where alternative arrangements cannot be secured, responsibility and liability is limited to the return of all payments received for the service.

The PHOTOGRAPHER ensures utmost care is taken with respect to exposure, transportation, digitizing and storage of the Content – however, in the unlikely event that the media is lost, stolen, or destroyed for reasons within or beyond the control of the PHOTOGRAPHER; liability is limited to the return of all payments received for the service being performed. The limit of liability for a partial loss shall be a prorated amount of the images lost based on the percentage of total amount of Content created. Due to the delicate nature of photographic equipment, weather conditions may prohibit the PHOTOGRAPHER from safely and/or completely capturing and creating all intended content. The CLIENT shall not make any claims against the PHOTOGRAPHER for any loss of coverage due to weather or atmospheric conditions, and the CLIENT will be responsible for all expenses and project fees so long as content creation has begun for said project. The CLIENT understands that although the PHOTOGRAPHER uses current technology and practices, 100% compatibility with all media devices and applications is not guaranteed. The CLIENT hereby grants full editorial control to the PHOTOGRAPHER regarding all aspects of the production and post-production services. In the event a particular segment is either not captured, partially captured, or not a part of the edited master gallery, it is at the sole discretion of the PHOTOGRAPHER as the producer of the Content.

It is the responsibility of the CLIENT to secure access and permissions to all areas necessary for Content creation. The PHOTOGRAPHER will not be responsible for any coverage lost or missed due to access limitations or permissions.

FEES & SECURITY DEPOSITS:

A security deposit will be agreed upon based on individual projects. The remaining balance and any additional expenses such as: additional travel, additional time needed, travel expenses, special services, etc… will be agreed upon before the start of the project and must be paid prior to receiving or accessing any digital media.

In the event of cancellation by CLIENT, the security deposit paid is non-refundable and non-transferrable. The CLIENT shall also be responsible for reimbursement of any material expenses incurred up to time of cancellation.

TERMS & CONDITIONS:

This contract is an outstanding agreement, inclusive of all services between Brandon Klein and the CLIENT. It is understood that individual projects may vary, and agreements may be in the form of verbal, written, or electronic communication. Any such agreements are contractual and uphold the guidelines stated in this document.