Terms and Conditions

FUTURO TERMS AND CONDITIONS When booking a session, you agree to these terms of service upon paying your booking retainer fee. Any trade work agreed to by the photographer and another vendor is subject to these terms and conditions. ________________________________________ DEFINITIONS: ________________________________________ This Agreement is between FUTURO Photography (“Photographer”) and [You] (“Client”) which includes Client’s principals, employees, affiliates, and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company, or organization. The photographer’s relationship with the Client is that of an independent contractor. “Image(s)” means the photographic material, whether still or moving, created by the 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 analog, photographic, optical, electronic, magnetic, digital, or any other, media. USAGE RIGHTS AND OWNERSHIP: ________________________________________ 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 the Photographer without limitation. All usage rights to the Image(s) specifically granted by the Photographer to the Client appear on the reverse side of this Agreement. IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD. ________________________________________ Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified in this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee. The term of licence begins from the date the Photographer receives full payment of the invoice 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 used in a logo, corporate identity, trademark or other service mark. The use of any Image(s) by the 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 the Photographer. Unless otherwise agreed, the Photographer retains the right to use the Image(s) for his self-promotion. PHOTOGRAPHIC INTEGRITY AND ALTERATIONS: The client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect to the Image(s), alone or with any other material, without the prior express permission of the Photographer. ? Portrait sessions include editing which consists of changes to the color, crop, contrast, & exposure at the photographer's discretion. Portrait sessions do not include retouching. Boudoir sessions include retouching done at the photographer's discretion. GENERAL LIABILITY AND RELEASES: ________________________________________ ? Photographer will take all reasonable care in the production of the Image(s) and the performance of this 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, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s). Photographer is not responsible for obtaining model, property, trademark, copyright, or any other, releases in connection with the Image(s) unless specifically stated in this Agreement. It is the Client’s response