This agreement contains the entire understanding between Brittany Lynn Photography LLC and the CLIENT (Named Above). It supersedes 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.
COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Brittany Lynn Photography LLC is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Brittany Lynn Photography LLC.
NOTICE OF COPYRIGHT and Reproduction: All images and copyrights are the property Brittany Lynn Photography LLC. Brittany Lynn Photography LLC retains the right to sell, copy, display, and/or publish any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client.
Completion of Pictures: Client understands that under normal circumstances edited photos will be available within 3 weeks after the date of the photography session.
Client’s Usage: The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. It is a violation of federal copyright law to allow photographs created by Brittany Lynn Photography LLC to be digitally reproduced, copied or scanned without written permission. Any use for general public or for monetary gain will be considered copyright infringement. The Client must obtain written permission from Brittany Lynn Photography LLC and compensate Brittany Lynn Photography LLC prior to the Client or their friends and family publishing or selling the photographs for profit.
LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents him from photographing the event, Brittany Lynn Photography LLC will make every effort to reschedule the event. If for whatever reason this is not possible. Brittany Lynn Photography LLC takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs or digital files have been lost, stolen, or destroyed for reasons within or beyond Brittany Lynn Photography LLC’s control, Brittany Lynn Photography LLC liability is limited to the return of all payments received for the portrait package.
I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THIS ACTIVITY , including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault, I certify that I am physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems that preclude me from participation in this activity or event. I acknowledge that the event holders, sponsors, and organizers of the activity or event in which I may participate will use this Accident Waiver and Release of Liability Form for their protection from any and all liability, and that it will govern my actions and responsibilities at said activity or event. In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event or activity, THE FOLLOWING ENTITIES OR PERSONS: Brittany Lynn Photography LLC, Britany Holland and / or their directors, officers, employees, volunteers, assistants, representatives, and agents, the activity or event holders, activity or event sponsors, activity or event volunteers;
(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence or release of otherwise. I acknowledge that Brittany Lynn Photography LLC, Brittany Holland and / or their directors, officers, employees, volunteers, assistants, representatives, and agents, the activity or event holders, activity or event sponsors, activity or event volunteers are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of Brittany Lynn Photography LLC. I acknowledge that this activity or event may involve physical activity, and may carry with it the potential for death, serious injury, and property loss. I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during this activity or event. This Accident Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.