THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND HEADSHOOTER PHOTOGRAPHY ("Headshooter").  PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE.  BY USING THE HEADSHOOTER WEBSITE (the "Site"), YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DISCONTINUE ANY AND ALL USE OF OUR SITE IMMEDIATELY.

1. Ownership of Our Site.

This Site is owned and operated by Headshooter.  All of the images featured on our Site were created by photographers who have provided them to Headshooter for individual client use and Headshooter marketing purposes.  These images are protected by United States and international copyright law. 

2. Use of Images.

Images provided by Headshooter photographers are intended for professional representation and personal use only.  You may not use or reproduce an image for publication, display or distribution in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you.  You also agree not to modify, alter or otherwise manipulate any image, including without limitation, adding other material to an image, without Headshooter's prior written consent.  In addition, you may not reverse engineer, de-compile, or otherwise disassemble software included on this Site.

3. Disclaimers.

NOTWITHSTANDING THE HEADSHOOTER CUSTOMER SATISFACTION GUARANTEE, THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND HEADSHOOTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

While Headshooter uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases, when necessary, and screening of photographs submitted to Headshooter, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can Headshooter ensure that all persons depicted in the photographs have consented to the display of their image on this Site.  If your photograph appears on this Site without your consent and you wish to have it removed, please email us directly at info@headshooter.com with your request.  In addition, Headshooter is unable to make representations or warranties as to the functionality of this Site, whether it is free of errors, and whether the server hosting the Site is free of viruses and other harmful material.  Accordingly, you acknowledge that your use of this Site is at your own risk.  Headshooter, and its officers, directors, employees, subsidiaries, affiliates, licensors and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Site or the photographs. 

4. Indemnification.

In the event that you reproduce, display, transmit, distribute or otherwise exploit any Headshooter images, or any portion thereof, in any manner not authorized by Headshooter, or if you otherwise infringe any intellectual property rights relating to the photographs, prints or this Site, you agree to indemnify and hold Headshooter, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by them as a result of unauthorized use of the photographs or Prints and/or your breach of this terms of this Agreement.

5. Liability.

Headshooter is a referral business/facilitator only and as such accepts no responsibility or liability whatsoever for the conduct of the associated photographers.  All photographers recommended or referred by Headshooter are solely responsible for all liability insurances, equipment insurances, workers compensation and any other insurances required to run a professional photographic studio or practice.  Headshooter does not imply or offer any guarantee whatsoever that photographers to whom Headshooter refers clients hold any such insurances or policies that would cover the client in the event of a claim.  Headshooter can in no way be held accountable by ether client or photographer for any damages, losses or injuries that occur following a referral and therefore is released from any such liability whatsoever by both client and photographer.

6. Satisfaction Guarantee.

Headshooter states, “We guarantee you’ll be satisfied or we’ll re-shoot for free”.  This is a good faith guarantee that requires the client to have reasonable expectations and to arrive on time, suitably attired and well rested.  Should a situation arise whereby it is the photographer’s professional assessment that the circumstances under which the photo shoot are to take place are not conducive to a successful outcome due to a clients’ demeanor, attire, attitude or tardiness, the photographer may request that the client sign a waiver of the good faith guarantee in order to proceed with the photo shoot.

7. Other Terms.

This Agreement shall be governed by the laws of the State of California without giving effect to any principles of conflicts of law.  Any claim or proceeding arising under or otherwise concerning this Agreement shall exclusively be brought in the federal or local courts for the state of California and you consent to personal jurisdiction in these courts.  In the event that Headshooter is the prevailing party in any such action, you agree to be responsible for payment of Headshooter's reasonable attorneys' fees and costs.  Headshooter reserves the right to make changes to this Site, this Agreement, and the other information contained in this Site at any time and without notice.  Please refer to these User Terms when you visit the site as they may change from time to time.