You agree to these Terms of Service (the "Agreement") upon booking your photo shoot. This Agreement is between Rosse Sports Photography (*Photographer") and You ("Client" which includes Client's representatives, heirs, and assigns. Client agrees that it has the legal authority to enter into this Agreement on behalf of itself and/or the player being photographed (the *Player"), who may be a minor. Photographer's relationship with Client is that of an independent contractor. "Image(s)" means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other media.
AUTHORIZATION TO PHOTOGRAPH MINOR:
Client, on behalf of the Player and as his/her parent or legal guardian, agrees that the Player will be photographed recorded, or videotaped by Photographer in connection with Photographer's services under this Agreement. Client, on behalf of the Player and as his/her parent or legal guardian, irrevocably authorizes Photographer to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display. or otherwise use or permit other to use (a) the Player's name, image, or likeness and (b) all photographs, recordings, videotapes, audiovisual materials, writings, statements, and quotations of or by myself (collectively the "Materials") in any manner, form, or format, including on the Internet or social media, and for any purpose, including. but not limited to, advertising. promotion, or marketing of Photographer, its affiliates, or their services, without further consent from or payment to me or the Player.
Client acknowledges that Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Client are set forth in this Agreement Client understands and agrees that it is not buying the Image(s) and is paying only for a license to use the Image(s) as specified in this Agreement The term of license begins from the date Photographer receives full payment and upon delivery of images. Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable, and non-transferable. Any Image(s) may not be sued in a logo, corporate identity, trademark, or other service mark. The use of any Image(s) by Client will not constitute a work of joint authorship. Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer. Unless otherwise agreed, Photographer retains the right to use the Image(s) for advertising. promotion, and marketing purposes.
While Photographer may choose to archive the Image(s it is Client's responsibility to properly store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.
Photographer is committed to providing high quality services. Unless otherwise specified Photographer may deliver, and Client agrees to accept,the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitableto the reproduction technology and use(s) for which the Image(s) is licensed.
Photographer will take all reasonable care in the production of the Image(s) and the performance of the Agreement but Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party. arising from Client's use of any Image(s Client will indemnify. defend, and hold harmless Photographer and its representatives against any and all claims, liabilities, damages costs, and expenses, including reasonable attorney's fees and expenses, that may arise from Client's use of any Image(s