Digital Image Agreement

This Agreement (Agreement) is made effective by and between Lisa Alexander Photography (the “Company”), and the Purchaser of the digital product (hereafter “Client”), for the purpose of the Client purchasing digital images (the “Product”). The client agrees to the terms and conditions below by checking the box and by submitting payment for the Product.

1. Digital Product Usage

After purchasing the digital product at the agreed price, the Client will be given access to the digital images through a download delivered via email. Client will have lifetime access to the materials so long as the product(s) is/are available.

The Company hereby grants to Client one (1) exclusive, non-sublicensable, non-transferable, license to use the Product. The Client understands and agrees that the Product materials may not be shared with any third party without prior agreement from Lisa Alexander Photography. In the event the Company suspects that the Product is being shared with another party, the Company reserves the right to immediately terminate Client’s access to the Product.

The Client may use the Product for his/her own personal use and/or business use. The Client is not obligated to tag or give credit to the Company in the copy for the Product he/she uses, posts, or shares. But when the Company is tagged/credited via social media, reciprocal exposure will be provided by Lisa Alexander Photography.

2. Fees & Payment Processing

In consideration for access to the Product provided by the Company, the Client agrees to compensate the Company the fee agreed upon prior to the shoot. If any payment methods are declined by the online payment processor, the Client shall provide a new eligible payment method before receiving access to the Product. In the event the Client has already been given access to the the Product and a payment method is declined, the Company reserves the right to collect any and all outstanding receivables.

3. Refund Policy

Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by the Client in connection with the Product will be allowed under any circumstances.

4. Personal Information

By purchasing the Product, the Client will be asked to provide personal information including his/her name, email address, mailing and billing address. Client agrees to allow the Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information. This information will not be shared with any third party entities.

The billing information provided to Company by the Client will be kept secure and is subject to the same confidentiality and accuracy requirements as the Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.

5. Copyright

The Company retains all copyrights regarding the Product, upon delivery of the digital product to the Client.

6. Warranties and Liability

The Company makes every effort to ensure that the Product is accurate and fit for the use of the Client’s customers. However, the Company takes no responsibility whatsoever for the suitability of the Product, and the Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. The Client agrees to indemnify the Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of the Client’s breach of these terms and conditions. The Company shall not be liable to the Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

7. Force Majeure

If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.

8. Guarantees

The Company does not make any guarantees as to the results, including financial or other personal gains, of Client’s use of the Product. The Client agrees to take responsibility for the Client’s own results with regard to using the Product supplied.

9. Release & Reasonable Expectations

The Client has spent a satisfactory amount of time reviewing the Company’s business and has a reasonable expectation that the Company’s Product will produce different outcomes and results for each Client. The Client understands and agrees that every client, and the final result using the Product is different.

10. Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.

11. Transfer

This agreement cannot be transferred or assigned to any third party without written consent of both parties.

12. Severability

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.