PHOTOGRAPHY SERVICES AGREEMENT & TERMS OF SERVICE

Photographer: Brett Whitney Media / brettwhitney.media

Client: [Client Full Name]

Session Date & Location: [Determined at Booking]

1. Scope of Work & Deliverables

• Coverage: Photographer will provide photographic services for the booked duration.
• Digital Deliverables: Client will receive professionally edited, high-resolution JPEG digital images delivered via a private online gallery within 10–14 business days.
• File Availability & Retention (120 Days): Final digital files and online client gallery access are guaranteed to remain active and available for download for up to 120 days following completion and initial delivery. Clients are strongly advised and required to download, back up, and store their high-resolution files to personal storage immediately upon receipt.
• Post-120 Day Archive Inquiries: After 120 days, files may be removed or archived from active online hosting to manage server capacity. Once this 120-day period has passed, clients must reach out directly to Brett Whitney Media to inquire whether archived master copies are still available. While Photographer maintains best-effort secondary storage, permanent indefinite file preservation beyond 120 days is not guaranteed without a prior written archiving agreement.
• Physical Print Deliverables: Physical prints are produced in-house on archival photographic paper using a 6-color dye-based system. Prints will be prepared for shipment or pickup within 7 business days following final digital gallery selection.
• Unedited / RAW Files: Photographer curates and edits all delivered images. Unedited, RAW files are strictly embargoed and will not be released under any circumstances.

2. Fees, Retainer & Payment Schedule

• Retainer: A non-refundable 50% retainer is required upon booking to secure the date and time (billed after booking confirmation).
• Balance: The remaining balance is due on or before the session date prior to shooting.
• Delivery Hold: No final images, gallery access, or physical prints will be released until the outstanding balance is paid in full.

3. Rescheduling, Cancellation, Weather & Flight Contingencies

• Client Rescheduling: If rescheduled at least 48 hours before the session, the retainer transfers to a new date scheduled within 60 days.
• Client Cancellation: Canceling within 48 hours or failing to appear results in total forfeiture of the retainer.
• Flight Conditions & Weather Contingency: Standard outdoor and aerial drone operations are strictly weather and airspace dependent. Aerial flights are legally restricted by the FAA; no flights will be executed over non-participating crowds, in rain, during high sustained winds, or within zero-ceiling controlled airspace. If drone operations are grounded due to these conditions, it does not invalidate the standard ground photography deliverables or the core session fees.

4. Copyright, Licensing & Client Usage

• Ownership: Photographer retains all statutory copyright and intellectual property rights to all images captured.
• Client License: Client receives a perpetual, non-exclusive, personal-use license to download, print, share, and display images for non-commercial purposes.
• Commercial Restrictions: Images may not be sold, sublicensed, or submitted to third-party commercial publications or contests without explicit written permission.

5. Print Quality & Color Fidelity

Photographer calibrates monitors and printers using standardized ICC color profiles to guarantee accurate reproduction on dedicated archival photo stock. Because uncalibrated consumer screens vary natively in brightness and color temperature, Photographer assumes no liability for visual discrepancies between third-party screens and calibrated physical prints.

6. Model Status & Portfolio Privacy

Client retains full authority to determine their model release and privacy status. Clients select their preferred status directly during booking or by written notification prior to the session date:

• Portfolio & Promotional Opt-In: If Client grants model status, Photographer is permitted to publish and display curated photographs across the studio portfolio, website (brettwhitney.media), social media channels, and professional promotional materials.
• Strict Privacy / Private Session: If Client declines model status, all session images remain 100% private and confidential. No photographs from the session will be published publicly, shared on social media, or displayed in marketing or portfolio showcases.

Client’s selection recorded at checkout or in writing controls all usage. Client may request an update to their privacy status in writing at any time.

7. Limitation of Liability

If Photographer cannot perform this agreement due to illness, emergency, mechanical/electronic gear failure, data loss, or circumstances beyond reasonable control, Photographer’s maximum financial liability is strictly limited to a full refund of all monies paid by Client under this agreement. Photographer is not liable for any indirect, consequential, or incidental damages.