Terms and Conditions

Copyright: As a client of Bernhardt Photography, I understand that the images taken by Andrea Bernhardt are protected by Federal Copyright Laws and I will not make any copies or reproductions in any form (print or electronic) without the express written permission of Andrea Bernhardt. Reproduction includes, but is not limited to scanning, downloading, right-clicking, e-mailing, saving to hard drive, posting on websites or blogs, photocopying, printing screen shots, or printing in any manner.  I understand that this is punishable by law.

 

Viewing Images:  

Final high-resolution edited images from the session or event will be sent via a shareable private link to download. All images are guaranteed 1-2 weeks after session date.  Sneak peek will be sent within 48 hours.

 

Fees and Payment:  

Session fees and business policies are non-negotiable.  Some exceptions on fees apply when running special offers and promotions. Payment is due on or before the session date.  Additional fees may apply for extended family portraits, pets, or mileage outside of the south metro area.

 

Digital Signature:

I certify that I am at least 18 years of age.  I have read the release, copyright and policy information herein and fully understand the contents.  I agree that I have the legal authority to grant these permissions and I accept all responsibility for such.

 

Cancellations and Weather Rescheduling:

Portrait session will be rescheduled if inclement weather or illness occur based on current availability. 

Indemnification & Liability:

 Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Client. Claims against Photographer for the delivered artistic works must be brought to Photographer's attention within one (1) week from date of. After one (1) week, the Client waives any right to submit a claim to Photographer for reimbursement of any fees previously paid or for her waiver or forgiveness of any fees that may still be outstanding

 

Failure to Perform

 If the Photographer is unable to perform this Agreement due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Photographer, the Photographer and the Client will make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer will return the initial nonrefundable payment to the Client and will have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability will be limited to cost of the Agreement. In no event will Photographer be liable for any amount exceeding the cost of the Agreement.

 

Model Release

This Model Release (“Agreement”) is entered into as of 2020, by and between [Bernhardt Photography], a Minnesota LLC with a primary address of 14440 Bluebird Trail NE, Prior Lake, Minnesota 55372 (“Photographer”), and (“Client”), each a “Party” and collectively the “Parties.”

 

This Agreement governs the Client’s publicity rights as it relates to the Photographer’s use of photographic images and is incorporated with the executed Photography Agreement entered into as of 2020.

 

Client authorizes the Photographer, and/or any assignees and licensees, to use and to create images, and any reproduction of them in any form in any media whatsoever, for promotional materials, online marketing, portfolio, and other areas of marketability.  Client also consents to the use of the Client’s own name or any fictitious name, which may be chosen in connection with the aforesaid photographs. 

 

Client acknowledges that the Client will not be compensated, either now or at any time in the future, for any use of marketing and that the Photographer of such photos exclusively owns all rights.  Client acknowledges and agrees that the Photographer may modify, change, or alter such images without restriction, unless outlined specifically in this Agreement.

 

Client acknowledges and agrees that the photographs created by the Photographer will become and remain the exclusive property of the Photographer, and that the Client retains no rights to said photographs unless specified particularly in this Release. Client waives all rights and claims and releases the Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use, and exploitation of the photos.

 

Client gives permission for all images from the session to be used in the following ways:

  • Printed promotional materials

  • Printed portfolio samples

  • Online use (including but not limited to social media accounts, website and blog display)

  • Other areas of marketability by the Photographer

 

Client acknowledges and affirms that no pre-existing agreements of any sort exist between themselves and any other entity which may prevent or restrict Photographer from using their likeness in any manner.

The Client gives the Photographer permission with respect to photograph the minor described herein.  Client hereby certifies that Client is the [parent/legal guardian] of the minor who is subject to the foregoing release. Client certifies that they are acting both individually and on behalf of said minor, Client consents to the execution of the foregoing Release by said minor and the grant of right made therein. The Client warrants that they are the parent or legal guardian of the minor and have full right and authority to grant this consent on behalf of such minor.

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