*retouching includes editing light and color, then whitening teeth and removing most obvious acne/scars that are wanted removed by client. Extreme "flawless" retouching may be purchased for images at $20/image, *(certain images cannot achieve this)

**first hour is $75 each additional hour is $60, travel time between locations and outfit changing time is counted. Rounded up to nearest 1/2 hour.

***Photo will be delivered under intent of using on buyers computer or buyer printing for personal use. Under NO circumstances may the image be transferred or resold in print or digital format to another individual, group, company, or organization without direct written consent of  Grant Breidenbach.

Additional Terms and Conditions

-Ok, so the terms and conditions down there sound really scary, but they are really just there to protect me. Here is the spark notes version. You have to give me credit on social media (tag me @grantbbach with a PC line). You have to pay half before we start. When I am done I need the other half immediately after you get the photos and before you do anything with them. If you cancel on me there may be fees. You can't resell my work. So yeah, that's what matters, if you really want you can read the whole terms- they are long. Please don't let them scare you off- I am a nice guy. If you have any questions email me at grantbreidenbach@u.boisestate.edu

Finally, for IRS tax purposes Grant Breidenbach Photography is listed as a hobby 

1. DEFINITIONS:

This Agreement is between Grant Breidenbach Photography and [You] (“Client”) which includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor.

“Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.

 

2. USAGE RIGHTS and OWNERSHIP:

Client acknowledges that Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. Unless otherwise stated the license is for 99 years. Licensed images may be downloaded or retained. They may be placed on social media with credit given to Grant Breidenbach Photography. See section 6. Images may be printed but cannot be resold in any way digitally or in print format.

IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.

Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee. To purchase the copyright please contact Grant Breidenbach Photography for pricing.

The term of license begins from the date Photographer receives full payment of invoice.

Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable.

The use of any Image(s) by Client will not constitute a work of joint authorship.

Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.

Unless otherwise agreed, Photographer retains the right to use the Image(s) for his self-promotion.

 

3. PHOTOGRAPHIC INTEGRITY and ALTERATIONS:

Client will not make or permit any alterations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for color, contrast, brightness, sharpness, and cropping, are permitted.

Any alteration or modification of any Image(s) will not constitute a work of joint authorship.

 

4. GENERAL LIABILITY and RELEASES:

Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).

Client will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).

Photographer is not responsible for obtaining model, property, trademark, copyright, or any other, releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.

Should Photographer agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release.

In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.

 

5. PAYMENT:

Time is of the essence for receipt of full payment under this Agreement.

NO RIGHTS ARE GRANTED UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT, INCLUDING, IF APPLICABLE, ANY LATE-PAYMENT CHARGES.

UNLESS OTHERWISE AGREED, THE USE OF ANY IMAGE(S) PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FO R SUCH AN UNAUTHORIZED USE WILL BE DOUBLE THE INVOICE TOTAL. Essentially, pay me before you use the images- additionally 1/2 payment is due before any photos are taken.

Where usage rights before full payment are granted, Photographer reserves the right to rescind any such usage rights if Client fails to make timely payment.

All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.

Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered. Bank transfer fees are the responsibility of the Client.

 

6. CREDIT LINE and COPYRIGHT NOTICE:

Placement of a credit line or copyright notice is required only if specified. Credit lines must be used in all social media postings of images. If a credit line or copyright notice is required but not actually provided, Client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.

 

7. CANCELLATIONS and POSTPONEMENTS:

To do our best work, we focus  on only one client per day. Once Client and Photographer have agreed to time(s) and date(s) for a photography assignment, Photographer will not accept work from any other client for the same time(s) and date(s).

Where Client postpones or cancels an assignment, Client will pay all expenses incurred by Photographer up to the time of postponement or cancellation,.

(a) Fifty percent of Photographer’s fees for postponement, or cancellation, less than twenty-four hours from the scheduled time, or

(b) Seventy Five percent of Photographer’s fees for postponement, or cancellation, after Photographer has departed for location.

If the same assignment is rescheduled for a later date, full fee and any additional expenses will be charged for the actual shooting.

Any deposits paid on booking become non-refundable for cancellation, or postponement, less than two business days from the date of photography.

Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or postponement. However, the photographer understands that life doesn’t always happen as planned and consideration will be given in any such circumstance.

 

8. RESHOOTS:

Client is responsible for sending an authorized representative to the shoot. If no representative is present, Client must accept Photographer’s judgment as to the creation of the Image(s).

If Client requires a reshoot, Client will pay Photographer an additional fee of one hundred percent of the fee stated in the quote or invoice for the original shoot, plus all expenses for the reshoot.

If a reshoot is required due to factors beyond the control of Photographer, including but not limited to, weather conditions, acts of God, or the fault of a third party, Photographer will not charge an additional fee and Client agrees to pay all expenses for the reshoot.

 

9. FAILURE TO PERFORM:

If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfill his obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.

This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.

 

10. KILL FEE:

Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any Image(s).

 

11. ARCHIVING DIGITAL FILES:

While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.

Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.

When the license expires the client will destroy all images within a reasonable period of time.

 

12. DIGITAL FILE QUALITY:

Photographer is committed to providing high quality services. Unless otherwise specified, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.

Due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors.

It is Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.

 

13. ACCEPTANCE OF TERMS:

Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.

No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.

This Agreement will be deemed to be a contract made under the laws of The United States of America and the State of Idaho, and for all purposes will be interpreted in its entirety in accordance with these laws.  Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Photographer.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

In addition to oral and written agreements, use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.

These terms and conditions are in addition to all stipulations listed higher on this page.

This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.