Privacy Policy

1. Reservation of rights. All rights not expressly granted hereunder are reserved to the Photographer, including but not limited to all rights in preliminary materials and all electronic rights. For purposes of this agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, CD-ROM, computer databases, and network servers.

2. Additional Usage. If Client wishes to make any additional uses of the Work, Client agrees to seek permission from the Photographer and make such payments as are agreed to between the parties at that time.

3. Alteration. Client shall not make or permit any alterations, whether by adding or removing material from the Work, without the permission of the Photographer. Alterations shall be deemed to include the addition of any illustrations, photographs, sound, text, or computerized effects such as filters.

4. Loss, Theft, or Damage. The ownership of the Work shall remain with the Photographer. Client agrees to assume full responsibility and be strictly liable as an insurer for loss, theft, or damage to the Work and to insure the Work fully from the time of shipment until the time of return receipt by the Photographer. Client further agrees to return all of the Work at its own expense by registered mail or bonded courier which provides proof of receipt. Reimbursement for loss, theft, or damage to any Work shall be in the following amount: $800 per image. Both Client and Photographer agree that these specified value(s) represent the fair and reasonable value of the Work. Client agrees to reimburse Photographer for these fair and reasonable values in the event of loss, theft, or damage.

5. Copyright Notice. Copyright notice in the name of the Photographer shall accompany the Work when it is reproduced.

6. Credit. Credit in the name of the Photographer shall accompany the Work when it is reproduced. If the Work is used as a contribution to a magazine or for a book, credit shall be given unless specified to the contrary in the preceding sentence.

7. Releases. The Client agrees to indemnify and hold harmless the Photographer against any and all claims, costs, and expenses, including attorney's fees, due to uses for which no release was requested, uses which exceed the uses allowed to pursuant to a release, or uses based on alterations not allowed pursuant to Paragraph 3.

8. Miscellany. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of South Dakota.