Terms & Condtions
LensbyDev Photography Rights, Usage, and Liability Agreement
This Agreement (“Agreement”) sets forth the terms and conditions between the undersigned client (“Client”) and LensbyDev, operated by Devin Whittington (“Photographer”), with respect to all photographic sessions, images, media, and deliverables produced, captured, or otherwise created by the Photographer. By engaging with, booking, or participating in any photo session, event, or photography-related service rendered by the Photographer, the Client hereby acknowledges, understands, and agrees to the following comprehensive terms and stipulations in full, without limitation or reservation.
1. Ownership and Intellectual Property Rights
All photographs, negatives, digital files, and other media (collectively referred to as “Images”) produced by the Photographer are and shall remain the sole and exclusive intellectual property of LensbyDev. Under no circumstances shall ownership, copyright, or reproduction rights be transferred, assigned, or surrendered to the Client, except where explicitly granted in a separately executed written agreement signed by both parties.
The Photographer reserves the irrevocable and perpetual right to use, publish, distribute, display, reproduce, or otherwise exploit the Images, in whole or in part, for any lawful purpose including but not limited to advertising, portfolio display, website and social media publication, editorial submission, commercial use, artistic promotion, educational materials, or internal reference. The Client waives any right to inspect, approve, or be notified of such uses, and acknowledges that no additional compensation shall be provided beyond the agreed-upon session fee.
2. Client License for Personal Use
The Client is hereby granted a limited, non-exclusive, non-transferable, and revocable license to use the Images delivered by the Photographer strictly for personal, non-commercial purposes. This includes sharing the Images on personal social media platforms, printing for private display, or personal archiving. The Client shall not, under any circumstances, sell, license, modify, alter, or reproduce the Images for commercial, promotional, or resale purposes without prior written authorization from LensbyDev. Violation of this clause may result in legal action, including but not limited to the pursuit of damages, legal fees, and injunctive relief.
3. Model and Property Release
By participating in any photography session, event, or related activity, the Client expressly grants the Photographer and LensbyDev, as well as its representatives, affiliates, agents, licensees, and assigns, the unrestricted and irrevocable right to use the Client’s likeness, image, and/or property in any photograph, video, or other media captured. Such consent extends to any and all uses, including but not limited to advertising, promotional materials, editorial publications, online and print distribution, and any derivative works thereof. The Client waives all claims to royalties, payments, or other compensation arising from such use, and releases the Photographer from any liability in connection with such usage.
4. Artistic Discretion and Quality Assurance
The Client acknowledges and agrees that photography is a creative service subject to the artistic interpretation and professional judgment of the Photographer. The Photographer retains full creative control over the selection, editing, retouching, and presentation of Images. While all reasonable efforts will be made to provide high-quality results, LensbyDev makes no guarantees, explicit or implied, regarding the satisfaction, style, or outcome of the final product. The Client further acknowledges that environmental factors, lighting conditions, weather, or subject cooperation may affect results and waives any right to dispute such creative determinations.
5. Limitation of Liability
In no event shall LensbyDev or Devin Whittington be held liable for any indirect, incidental, consequential, or punitive damages arising out of or relating to the performance of photographic services, delivery of Images, or usage of such Images. This includes, but is not limited to, claims related to data loss, technical malfunctions, equipment failure, accidental deletion, or dissatisfaction with the artistic nature of the work produced. The Client’s sole remedy, if any, shall be limited to a partial refund not exceeding the total amount paid for the session. Under no circumstances shall the Photographer be responsible for damages exceeding said amount.
6. Indemnification
The Client agrees to defend, indemnify, and hold harmless LensbyDev, its owner, agents, affiliates, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from or related to (a) the use, publication, or dissemination of Images by either party, (b) any personal injury, property damage, or legal dispute occurring during or as a result of a photography session, or (c) any breach of this Agreement by the Client. This indemnity shall survive the termination of this Agreement and remain in full force indefinitely.
7. Force Majeure
Neither party shall be held responsible for failure to perform any obligation under this Agreement due to circumstances beyond reasonable control, including but not limited to acts of God, equipment failure, data corruption, fire, flood, illness, or government restriction. In the event of such occurrence, all deposits shall be non-refundable, and the Photographer shall not be liable for any consequential damages.
8. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa (or the state of business operation), without regard to its conflict of law provisions. Any disputes arising from this Agreement shall be resolved exclusively in the appropriate courts located in or nearest to Davenport, Iowa. The Client agrees to submit to such jurisdiction and venue without objection.
9. Acknowledgment and Acceptance
By engaging with LensbyDev, making payment, or participating in any photography session, the Client acknowledges that they have read, understood, and voluntarily agreed to all terms set forth herein. The Client further acknowledges that they have had the opportunity to seek independent legal counsel prior to agreeing and that no oral statements or prior agreements shall modify or supersede the written provisions of this document.