PHOTO RELEASE AGREEMENT & POLICIES

This Photo Release Agreement (“Agreement”) is entered into as of the date of participation or the date of any communication or engagement (the “Effective Date”) by and between Daniel Martini, doing business as Hingham Photo (“Photographer”), and any individual or entity engaging in any photography session, service, business transaction, communication, or collaborative project with the Photographer (collectively, the “Client” or “Participant”).

1. Scope and Acceptance of Terms

By initiating or participating in any form of business engagement, collaboration, communication, or photographic session—whether formal or informal, paid or unpaid—the Client confirms their understanding and full, voluntary acceptance of all terms outlined in this Agreement. This includes anyone who:

• Books or attends a session;

• Appears in any image or video captured by the Photographer;

• Participates as a model, subject, assistant, or contributor;

• Collaborates with or on behalf of another party (e.g., stylists, makeup artists, brand partners).

Participation in any capacity serves as implied agreement to these terms and establishes a legally binding contract between the Photographer and the Client, even if a physical signature is not provided.

2. Grant of Rights (Image Release)

The Client grants the Photographer an irrevocable, perpetual, worldwide, and royalty-free license to use, display, reproduce, modify, edit, distribute, create derivative works from, and publish any photographs, images, or video (“Images”) in which the Client, their property, or likeness appears.

Authorized Uses Include but Are Not Limited To:

• Commercial and editorial usage

• Marketing and advertising

• Online platforms (websites, social media, email)

• Print media (brochures, signage, photo books, business cards)

• Art installations, exhibitions, competitions, or promotional displays

• Licensing to third parties for lawful, agreed-upon uses

The Client waives all rights to inspect or approve the final product and acknowledges that the Photographer has sole discretion over artistic decisions, including image selection, editing, and cropping.

3. Ownership of Images

The Photographer is and remains the sole and exclusive owner of all Images captured during any session or project.

The Client Understands and Agrees That:

• The Photographer holds full copyright in accordance with U.S. Copyright Law (Title 17 of the U.S. Code).

• The Client obtains no intellectual property rights or claims to the Images.

• Unauthorized reproduction, commercial usage, resale, or redistribution of Images is strictly prohibited.

4. Client License for Personal Use

The Client is granted a limited, non-exclusive, non-transferable license to use the final delivered Images for personal, non-commercial purposes, such as:

• Posting on personal (non-business) social media accounts

• Printing for home use, family albums, or gifts

• Including in private (non-public, non-branded) online galleries

Restrictions:

• No commercial usage (e.g., advertising, promotional use, resale, monetized social media accounts) is permitted without express written consent and licensing agreement.

• No image manipulation: The Client may not alter, retouch, distort, filter, or modify the Images in any way, including through apps or third-party editors, unless explicitly permitted in writing.

• Photo credit is required when sharing online: "Photo by Hingham Photo" must be clearly stated in captions or watermarks.

5. Model Release and Consent

The Client represents that they are either:

• Over the age of 18 and have full legal authority to enter into this Agreement; or

• The parent/legal guardian of a minor appearing in the Images and are authorized to grant release on their behalf.

The Client voluntarily consents to the Photographer capturing and using their likeness (or the likeness of their minor child) in accordance with the terms stated herein, without further approval, compensation, or limitation.

6. Release of Liability

The Client releases, discharges, and agrees to hold harmless the Photographer and any affiliates, representatives, contractors, assistants, or assigns (“Released Parties”) from any and all liability or claims arising from any of the following including, but not limited to:

• The creation, publication, or use of the Images

• Misinterpretation or public reaction to the Images

• Emotional distress, embarrassment, defamation, or invasion of privacy

This waiver includes all legal and equitable claims now known or later discovered, whether based on tort, contract, copyright, or statutory rights.

7. Final Deliverables and Refund Policy

a. Delivery of Work

All services and Images are delivered in final, edited form as determined by the Photographer’s professional judgment. The Photographer is not obligated to deliver all images taken during the session and reserves the right to select and edit Images at their sole discretion.

b. Non-Refundable Policy

All payments made are non-refundable, including deposits and balances, regardless of dissatisfaction with artistic style, expressions, poses, or any other elements.

c. Chargebacks Prohibited

The Client agrees not to initiate any chargebacks through their financial institution. Doing so constitutes a breach of this Agreement and may result in legal action and recovery of costs, including legal fees.

8. Client Support and Discretionary Services

The Photographer may, at their sole discretion, offer limited assistance post-delivery, such as:

• File access or download support

• Usage questions or clarification

• Minor edits or corrections (subject to availability)

These services are courtesy-based and not contractually required. Any additional work outside the agreed scope may be subject to additional fees.

9. Dispute Resolution

a. Good Faith Negotiation

The parties agree to attempt to resolve all disputes through informal negotiation within 10 days of written notice.

b. Optional Mediation

Should negotiation fail, the parties may engage in mediation through the American Arbitration Association (AAA)before pursuing arbitration. All fees shall be borne by the Client 

c. Binding Arbitration

Unresolved disputes shall be submitted to binding arbitration under AAA rules. Arbitration shall take place in Massachusetts, and all fees shall be borne by the Client.

d. Waiver of Trial

Both parties acknowledge and agree to waive the right to a trial by jury or judge and understand that arbitration is final and binding with limited appeal rights.

10. Governing Law

This Agreement shall be governed and interpreted under the laws of the Commonwealth of Massachusetts, without regard to conflict of law rules. Venue for any court proceedings shall lie exclusively in Plymouth County, Massachusetts.

11. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remainder shall continue in full force and effect. The invalid provision shall be replaced with one that most closely reflects the intent of the original.

12. Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes all prior or contemporaneous agreements, oral or written. No amendment or modification shall be valid unless in writing and signed by both parties.

13. Voluntary Agreement and Legal Review

The Client affirms that:

• They have read, understood, and voluntarily accepted all terms of this Agreement;

• They have had the opportunity to consult independent legal counsel;

• They are not relying on any oral statements not expressly included herein.

Additional PHOTO RELEASE AGREEMENT & POLICIES:

Scope and Acceptance of Terms: By engaging in any form of business, communication, collaboration, or participation in a photography session—whether formal or informal, paid or unpaid—with Daniel Martini, doing business as Hingham Photo (hereinafter referred to as the “Photographer”), the individual or entity involved (hereinafter referred to as the “Client” or “Collaborator”) expressly acknowledges and agrees to be legally bound by all terms and conditions set forth in this Photo Release Agreement (“Agreement”), whether or not their name appears on the document and regardless of whether a physical signature is provided. This includes, without limitation, clients, models, stylists, assistants, collaborators, family members, and any other person appearing in or contributing to the creation of photographic, video, or related content. Participation in any such session, event, or project constitutes full, voluntary, and informed acceptance of this Agreement, and this Agreement shall be deemed legally binding on the Client from the moment such participation or engagement occurs.

This Photo Release Agreement is entered into as of the date of any participation or communication between the Photographer and the Client, and is deemed in effect for all services rendered or interactions initiated thereafter.For the purposes of this Agreement, the term “Client” shall include both named and unnamed individuals whose likeness, image, property, or other identifying elements appear in any media captured or produced by the Photographer. This Agreement shall remain in force in perpetuity unless explicitly revoked in writing by mutual agreement of the parties.

Grant of Rights: The Client hereby grants the Photographer a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license to use, publish, display, reproduce, modify, and distribute photographs and/or video content depicting the Client, their image, likeness, voice, property, or any minor child of whom they are the parent or legal guardian (collectively, the “Images”), for any lawful purpose. Permitted uses include, but are not limited to, advertising, promotional materials, editorial content, social media, website galleries, print portfolios, submissions to publications, online platforms, exhibitions, or inclusion in derivative works. The Photographer shall have full discretion to use, edit, crop, alter, or manipulate the Images, including combining the Images with other content or using them in composite form. The Client expressly waives the right to inspect or approve final versions of the Images and releases all claims related to editorial decisions made by the Photographer.

Ownership: The Photographer retains full and exclusive ownership of all copyright and intellectual property rights in and to the Images, including any negatives, raw files, original materials, and any derivative works created from such content. The Client acknowledges that they shall not acquire any right, title, or interest in the Images and that they are not entitled to compensation, royalties, or further approval related to future uses. No rights are granted to the Client except those expressly outlined in this Agreement.

Client’s Use of Images: The Client is granted a limited, non-transferable, non-commercial license to use the final, edited Images delivered by the Photographer solely for personal purposes. Permissible uses include display in personal photo albums, printing for personal use, and sharing on non-commercial social media accounts. When posting or publishing the Images on social media or elsewhere, the Client agrees to provide clear attribution by including “Photo by Hingham Photo” or equivalent credit. The Client shall not edit, crop, filter, retouch, distort, or otherwise alter the Images in any way, including through third-party applications or editing tools, without the Photographer’s express written permission. Any unauthorized use, manipulation, or dissemination of the Images constitutes a material breach of this Agreement and may result in legal action.

Release of Liability: The Client hereby irrevocably releases, discharges, and holds harmless the Photographer and their respective agents, contractors, employees, representatives, affiliates, successors, and assigns (collectively, the “Released Parties”) from any and all claims, causes of action, liabilities, damages, and demands arising out of or relating to the creation, publication, distribution, or use of the Images. This includes, but is not limited to, claims for invasion of privacy, misappropriation of likeness, defamation, emotional distress, or copyright infringement, whether arising under statute, common law, or otherwise. The Client acknowledges that they have had the opportunity to consult with legal counsel and voluntarily waive any present or future claims against the Released Parties in connection with the use of the Images. This release is binding upon the Client and their heirs, legal representatives, successors, and assigns, and shall survive any termination of this Agreement.

Dispute Resolution: In the event of a dispute, controversy, or claim arising out of or relating to this Agreement, the parties agree to first attempt in good faith to resolve the matter through direct negotiation. If the matter cannot be resolved within sixty (60) calendar days of written notice of dispute, the parties agree to submit the dispute to binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Arbitration shall take place in Massachusetts before one or more impartial arbitrators familiar with intellectual property and commercial contracts. The Client agrees to bear all costs associated with arbitration, including administrative fees and arbitrator compensation. The arbitrator’s decision shall be final, binding, and enforceable in any court of competent jurisdiction. Prior to arbitration, the parties may mutually agree to engage in non-binding mediation, administered by the AAA under its Commercial Mediation Procedures. The Client understands that by agreeing to arbitration, they are waiving their rights to a jury trial or court proceeding, and that appeal rights are limited.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its choice of law or conflict of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Plymouth County, Massachusetts, for any legal proceedings not subject to arbitration under this Agreement.

Entire Agreement: This Agreement constitutes the entire understanding between the Photographer and the Client with respect to the subject matter contained herein and supersedes all prior and contemporaneous agreements, representations, or communications, whether oral or written. Any modifications, amendments, or waivers must be in writing and signed by both parties to be effective.

Severability: If any provision of this Agreement is determined to be invalid, illegal, or unenforceable in any respect, the remaining provisions shall continue in full force and effect as if such invalid or unenforceable provision had never been included. The parties agree to replace any invalid provision with a valid one that most closely reflects the original intent.

Voluntary Agreement Clause: The Client affirms that they are entering into this Agreement of their own free will, without coercion, duress, or undue influence. The Client represents that they have read and fully understood the contents of this Agreement, have had the opportunity to seek independent legal advice, and agree to be legally bound by its terms. The Client further affirms that they are not relying upon any statements, representations, or promises not expressly stated in this document. Participation in any photo session, communication, or service provided by the Photographer shall constitute affirmation of the Client’s voluntary and knowing acceptance of this Agreement.

Client Support and Discretionary Assistance: The Photographer values professionalism and client satisfaction but is under no obligation to provide additional services beyond those expressly stated in this Agreement. However, at their sole discretion, the Photographer may choose to offer post-delivery support, such as guidance on file access, clarification regarding usage rights, or limited technical assistance. This support, when provided, is offered solely as a courtesy and does not constitute a modification of this Agreement or a waiver of any of its terms. The scope, timing, and availability of such discretionary assistance shall be determined exclusively by the Photographer.

Final Deliverables and No Refund Policy: The Client acknowledges and agrees that all services rendered by the Photographer are creative and subjective in nature and that final deliverables—including photographic images, video content, or other artistic work—are provided in accordance with the Photographer’s established style, creative judgment, and professional standards. Once services have commenced or deliverables have been delivered, all payments made by the Client are non-refundable, and no refunds, credits, exchanges, or chargebacks shall be issued under any circumstances. This includes dissatisfaction with artistic style, image selection, or creative decisions. The delivery of final materials constitutes full and complete fulfillment of the Photographer’s contractual obligations under this Agreement. Any requests for additional edits, revisions, or services not previously agreed upon shall be at the sole discretion of the Photographer and may be subject to additional fees.