Our Current Policy
- This signed Contract constitutes an order for Production, Licensing, and Creative Charges only. From here on out BB Image will be noted hereinafter the Photographer for the sake of this contact.
- LIMIT OF LIABILITY: Although care will be taken with the negatives (raw files) photographs, and videos taken of the Shooting Day, Photographer limits any liability for loss, damage or failure to deliver photographs for any reason on behalf of Photographer, agents, assigns or licensees for their non-performance caused by any force majeure or similar circumstances, illness, accident or any cause beyond their control; nor for the loss or damage of any photographic materials, whether in transit or in developing to return of all money paid by Client, not including expenses. In any event, the limit of Photographer’s liability shall not exceed the contract price stated herein.
- EXCLUSIVE PHOTOGRAPHER: It is understood that no other photographer, amateur or professional, shall be allowed to photograph at event while the Photographer is working, and that any breach of this agreement will constitute a reason for non-completion of the job with no liability to the Photographer and loss of Reservation Deposit by Client.
- OWNERSHIP OF PHOTO(S): I hereby grant to the BB Image, and the affiliating contractor (hereinafter the “Photographer”), its affiliates and licensees, of the photograph(s), the following worldwide, irrevocable rights:
(1) to copyright the photograph(s) in the name of the client or in the name of the Bryan Bishop (Hall); and (2) to use and re-use, publish and re-publish the photograph(s), in whole or in part, individually or in conjunction with printed matter, or in composite form, and in any medium, for editorial, commercial, promotional, and/or trade purposes. And have understood the rights laid out by Bill C-11, The Copyright Modernization Act.
I hereby waive my right to inspect or approve any copy that is used in connection with the photograph and release and discharge the photographer, its affiliates and licensees, and the client from any and all claims arising out of use by the photographer, its affiliates and licensees, of the photograph(s) for the purposes described above, including any claims for libel and invasion of privacy.
- DISPLAY PROMOTION: It is agreed that the Photographer may display and use photographs from shooting day for purposes thought proper by the Photographer. Please be aware in any circumstance the photographer will attempt to contact you first.
- RETAINER & PAYMENT SCHEDULE: Upon signature, the Photographer reserves the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Retainer fee Stated above is non-refundable, even if date is changed or the shoot cancelled for any reason, including acts of God, fire, strike, extreme weather. Retainer is to be paid at time of parties signing this contract and is not a fee for shooting but the cost to purchases the day. Retainer is applied towards the contracted wedding photography package upon completion of this Contract. Client understands and agrees that the entire amount owed for the photography package described in this Contract is due no later than the date of shoot.
- GUARANTEED DELIVERY TIME: Photographer agrees to have the contracted order for photographs completed by the date stated within.
- INDEPENDENT CONTRACTOR: This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
- CANCELLATION: In the event the Client must cancel the contracted services for photography on this Contract, the Photographer agrees to refund all money paid, excluding the Retainer listed. If there are any changes in the schedule, notify us immediately.
- FINAL PHOTO PRODUCT: The Photographer makes no guarantee, either expressed or implied, in regard to the quality of the Images, because they are subjective and in addition, may be influenced by many factors beyond the control of the Photographer especially during live or unstaged events such as weddings and concerts. It is also understood that the Client is hiring the Photographer for his technical and artistic expertise and, therefore, the Photographer reserves the right to edit the Images as he sees fit. The Supplier does not guarantee that everyone involved in the event will be photographed or will be included in the final Images. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. It is recommended to place the photo and album in a dry, cool, shade area and never in direct sunlight in order to maximize the archive life. Client is aware that digital files may be corrupted due to inherent media deficiencies and random interference.
- PROPERTY RELEASE: As owner or authorized representative of the Property and by signing this release, I give the Photographer / Filmmaker and Assigns my permission to create and use the Content depicting the Property in any Media, for any purpose (excluding defamation and / or pornography) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Content may be combined with other content, text and graphics and cropped, altered or modified. I agree that all rights to the Content belong to the Photographer / Filmmaker and / or Assigns.
- Licensing: Rights to use the images delivered with this invoice are stated below. Unless otherwise agree upon.
By signing this agreement you agree to all Terms, conditions, prices, and liability. You agree that all conversations, including email, texting, phone, social media, and any other messages will be recorded for liability training and customer service.
Signature: _____________________________ Date: __________________________________
13: Standard Commercial License Terms: We hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, you are restricted from doing it. All other rights are defined above.
14: STANDARD Permitted Commercial License Uses: You may only use the Content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below).
(1) Only you are permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide.
(2) Permitted Uses.
- Advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);
b. Entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;
c. On–line or electronic publications, including web pages.
(3) If there is any doubt that a proposed use is a Permitted Use, you should contact BB Image for clarification.
15: Standard License Prohibitions. You may not do anything with the Content that is not expressly permitted in the preceding section.
(1) For greater certainty, the following are “Prohibited Uses” and you may not:
- Use the Content in design template applications intended for resale, whether on-line or not.
b. Use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items.
c. Use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;
d. Use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo; without royalties.
e. Use the Content in a fashion that is considered by the photographer (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would b e reasonably likely to bring any person or property reflected in the Content into disrepute;
f. Use or display any Content that features a model or person in a manner (a) that would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavor; or (b) except where accompanied by a statement that indicates that the Content is being used for illustrative purposes only and any person depicted in the Content is a model, that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the Content, unless the Content itself clearly and undisputedly reflects the model or person in such potentially sensitive subject matter in which case the Content may be used or displayed in a manner that portrays the model or person in the same context and to the same degree depicted in the Content itself;
g. To the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code;
h. Remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content;
i. Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
j. Install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
k. Use or display the Content in an electronic format that enables it to be shared in any peer-to-peer or similar file sharing arrangement; or
l. Use the Content for editorial purposes without including the following credit adjacent to the Content:[ BB Image ].
Signature: _____________________________ Date: __________________________________