Terms of Service

1. Purpose. Photographer hereby agrees to entrust the photographs listed to the Recipient for the purpose specified. "Photographs" are defined to include digital files, transparencies, prints, negatives, and any other form in which the images can be stored, incorporated, represented, projected, or perceived, including forms and processes not presently in existence but which may come into being in the future.

2. Acceptance. Recipient accepts the listing and values as accurate if not objected to in writing by return mail immediately after receipt of the photographs. If Recipient has not signed this form, any terms on this form not objected to in writing within 10 days shall be deemed accepted.

3. Ownership and Copyright. Copyright and all reproduction rights in the photographs, as well as the ownership of digital files and the physical photographs themselves, are the property of and reserved to the Photographer. Recipient acknowledges that the photographs shall be held in confidence and agrees not to display, copy, or modify directly or indirectly any of the photographs submitted, nor will Recipient permit any third party to do any of the foregoing. Without limitation to the foregoing, Recipient shall not tamper with or alter in any way metadata that accompanies the photographs and shall, in addition, safeguard the photographs to prevent any violations of this paragraph. Reproduction, display, sale, or rental shall be allowed only upon Photographer's written permission specifying usage and fees.

4. Loss, Theft, or Damage. Recipient agrees to assume full responsibility and be strictly liable for loss, theft, or damage to the photographs from the time of shipment by the Photographer. Reimbursement for loss, theft, or damage to a photograph shall be in the amount of the value entered for that photograph. Both Recipient and Photographer agree that the specified values represent the value of the photographs. 

5. Insurance. Recipient is responsible to insure the photographs for all risks from the time of shipment until the time of delivery for the value paid by the recipient.

6. Miscellany. This Agreement contains the full understanding between the parties hereto and may only be modified by a written instrument signed by both parties. It shall be governed by the laws of the State of South Dakota.