Terms and Conditions

1. This agreement is between [Robert Keegan Photography (“Photographer”)] and Client, who retains services of Photographer, as an Independent Contractor to deliver Photographs to Client. Copyright and all film, prints, media, and digital files remain the property of Photographer. The only rights granted to the Photographs are those specifically set forth above under “Rights Granted/Usage License”. All other rights are reserved by Photographer. Rights granted may not be transferred or assigned, in whole or in part, whether voluntary or by operation of law without the express written consent of Photographer. Client waives all defenses arising under section 107 of the Copyright Act, and waives all revision and reproduction rights or privileges under section 201 of the Act. This agreement is not a work made for hire. This agreement shall be governed under the laws of the place of residence of Photographer. Client agrees to personal jurisdiction in the state of residence of photographer.

2. Payment: No rights are granted until payment is received in full. Failure to make timely payment shall be deemed an act of copyright infringement under the United States Copyright Act. A detailed accounting of fees and production charges will be provided in the invoice, but unless specifically stated no vendor receipts will be provided.

3. Warrants & Liability: Photographer warrants that Photographs were created by him/her and he/she has authority to license their use to Client. Client will defend Photographer against any and all claims, liability, damages, and costs, including legal fees & expenses, arising out of the creation, use, or misuse of the images. Unless delivered to Client by Photographer, no Model or Property release exists. Client shall pay Photographer’s costs and expenses (including Photographer’s reasonable attorney’s fees and related costs) incurred in connection with enforcing the terms of this Agreement, including those incurred without commencing a court proceeding.

4. Cancellations & Postponements: Client is responsible for payment of all expenses incurred up to the time Photographer receives actual notification, plus 50 percent of Photographer’s fee. If notice is given less than two business days prior to the shoot date, Client will pay 100 percent of the fee. Unless otherwise agreed, Client will pay 100 percent of the fee for Weather Delays on location or 50 percent of the fee if postponement occurs prior to departure. Client will be charged 100% of fee and expenses for any reshoots required by the client. For reshoots required by an act of God or fault of third party client will pay all additional expenses.

5. (Optional – not necessary for digital delivery) Loss or Damage: In the event of loss or damage of original transparencies or negatives, Client will reimburse Photographer in the amount determined as the photograph’s value, but in all cases the minimum value per transparency or negative will be $2500.