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D&B Forever Photography, D.B.A. OHANA Sports Photography is simply referenced as “OHANA Sports Photography”, or “the Studio” in this agreement.

THE CLIENT

  1. I/we authorise the Studio to arrange the photography in accordance with the details overleaf. I/we are satisfied that these details are correct and I/we understand there is a three working day cooling-off period from the date of the signing this contract before the photography is commenced and for any orders placed.
  2. The Booking Fee is not refundable but may be transferable.
  3. I/we have received, read and understand the Studio’s price list, which has been confirmed for our session.
  4. The booking of and any additional costs incurred for booking venues, photography locations, additional props etc are our responsibility or may be invoiced unless paid for separately.
  5. I/we hereby give permission for OHANA Sports Photography to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion and marketing material.
  6. The details and times listed here form part of this agreement and I/we agreed to make every effort to cooperate in order for the Studio to fulfil its contracted photographic duty. I/we acknowledge the Studio cannot accept responsibility for the ‘extent’ of the photographic coverage if these details are incorrect or if I/we chose not to follow the agreed to schedule.
  7. To avoid disruption to the photographic coverage and to allow the Studio to fulfil its contracted duty; other photography by family/friends at this time is not permitted.
  8. I/we agree the Studio owns the Copyright in all photographs. I/ we give permission to the Studio to use any image of our sitting for industry competitions and as required subsequent usage and for reasonable general promotional advertising for the Studio. The usage for any other purpose is to be renegotiated between the parties and requires specific permission by us.
  9. As the Studio owns the Copyright, I/we agree not to copy, cause to be copied or allow anyone else to copy, photocopy, laser copy or computer scan these images. To do so is in breach of this agreement. I/we will use these photographs as agreed and understand they may not be copied or reproduced unless written approval is granted by the Studio.
  10. The negatives/digital files remain the property of the Studio and will be kept on file a period of five years for re-orders. I/we may be able to negotiate with the Studio for release of the negatives/digital files.Regarding re-ordering photographs, I/we also understand:
  11. All orders shall remain the property of the Studio until full payment has been made. Orders cannot be separated for collection unless paid for in full.
  12. The Studio has no control over the environment in which the photographs are kept and that colour photographs, in common with all sensitised material and colour dyes, have limited life expectancy which is minimised when exposed to strong and prolonged sunlight, heat or fluorescent light sources. Photographs will last longer if displayed under better lighting conditions.

Agreement

I, give permission to OHANA Sports Photography to take and publish photographs, video, audio or other impressions of the image or voice of the subjects (people that are contracted to be photographed) – (collectively “photographs”). I understand that there will be no compensated for any photographs or other likeness that may be used in this capacity.

I give permission for these photographs or other likeness to be used by OHANA Sports Photography and its affiliates without compensation for noncommercial news, advertising, publications, editorial, promotions and/or any other purpose in print and electronic media (including the internet) and to copyright the same. I hereby waive any right to inspect or approve the finished photographs or printed or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the photograph.

I expressly release OHANA Sports Photography, its agents, officers, licensees and assigns from any and all claims which I may have for invasion of privacy, right of publicity, defamation, copyright infringement or any other causes of action arising out of the use, adaptation, reproduction, distribution, broadcast or exhibition of such photographs.

I have read the foregoing, and I fully understand the contents, meaning and impact of this release.

Copyright

Clients who purchase high-resolution digital files from OHANA Sports Photography will be granted permission by OHANA Sports Photography to reproduce the images and make an unlimited number of prints when ordered through the OHANA Sports Photography Client Gallery, for personal use only. This permission applies worldwide.  The client must agrees that they may not use any OHANA Sports Photography images for commercial or editorial purposes, or enter any OHANA Sports Photography images into competition without the express written permission of OHANA Sports Photography.   OHANA Sports Photography retains the copyright to all images, per USC Title 17 (US Copyright Law).

The images that are being provided are licensed to the client for any reason personal, including but not limited to: copying, emailing, and web publishing. The license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. The purchase of the original files releases DBFP from any liability due to loss or damage of the images, and also releases DBFP from any obligation to maintain copies of any digital file, image, or photograph.

Client Use

The client grants to OHANA Sports Photography the right to use and publish images and photographs taken at your photography session to further promote its service, including portfolio, website, display, advertisement, and editorial use, unless otherwise discussed beforehand. OHANA Sports Photography agrees to limit the use of these images and photographs to promotional use only. OHANA Sports Photography may revoke this license at any time and for any reason. OHANA Sports Photography retains all copyrights to the images and derivative works thereof.

Posting Online

If you are posting any of the digital files to social media (Facebook, Twitter, Pinterest, Instagram, etc.)* OR if you share or use any digital files from OHANA Sports Photography, the image may not be changed or altered in any way. This includes filters, stickers, overlays, or any other method that may alter the look of the photograph. 

We do not watermark photos purchased in a photography package. Clients are encouraged to share photos, and although not required, credit and/or tagging, of OHANA Sports Photography is appreciated when sharing on social media.

By using any of these images, you are agreeing to the above terms.

If a client wishes to purchase the full copyright (removing ownership from OHANA Sports Photography), this may be done at a cost of $50/image.  Please contact us with any question.