TERMS AND CONDITIONS

Personal usage terms for all flashPrint products

PERSONAL USE:

A. Definitions: "Photographer" refers to Flashpoint Photography a DBA of Flashpoint Media Services LLC. "Client" refers to the commissioning party or company named in purchase receipt, its representatives, successors, assigns, agents and affiliates.

B. Payment: FULL PAYMENT OF 8” x 10” PRINT MUST BE RECEIVED BY PHOTOGRAPHER PRIOR TO PUBLICATION. ANY USE PRIOR TO PAYMENT SHALL BE CONSIDERED AN UNAUTHORIZED USE.

C. Grant of Rights: Grant of reproduction rights hereunder is conditioned upon Client's acceptance of each term set forth in this agreement, including but not limited to, use in advertisement for sale of subject depicted in image, congratulatory media (print or electronic) and personal distribution amongst family and friends, receipt of payment in full by Photographer and placing of the required copyright notice on each use of Photographer's work. All rights not expressly licensed to Client in writing remain the exclusive property of Photographer. Duration of license is not to be greater then 365 days from date of purchase.

D. Copyright Protection/Credit Line: For Editorial or Non-Editorial use, credit line in the form Copyright “© 2008 Flashpoint Photography” in type no smaller than that of related text must appear adjacent to or within the photograph(s) or fee is tripled; Client acknowledges that such a triple fee is fair and reasonable for photographer's loss of recognition and lack of copyright protection resulting from lack of, or improper, copyright notice/credit line.

E. Indemnity: Client hereby indemnifies and holds Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney s fees, arising from Client's use of Photographer's work. Client assumes insurer's liability (a) to indemnify Photographer for all loss, damage, or misuse of any photographs: and (b) to return all photographs prepaid, fully insured, undamaged, by bonded messenger or overnight delivery service.

F. Governing Law: This agreement incorporates by reference Articles II and III of the Uniform Commercial Code now in existence, in the Commonwealth of Kentucky, and the Copyright Act of 1976 as amended. This agreement shall be deemed to be a contract made under the laws of the United States of America and the Commonwealth of Kentucky and for all purposes shall be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the Commonwealth of Kentucky or the United States District Court for the District of the Commonwealth of Kentucky. Client specifically waives all rights to contest each court proceeding on the grounds of personal jurisdiction, venue and forum non-convenience. In the event of any award or judgment in favor of Photographer, or any settlement between Photographer and Client, arising from effecting and protecting Photographer's rights and benefits hereunder and/or any aspect of this agreement, Client shall pay all costs and expenses incurred by Photographer and/or Photographer's legal counsel related thereto, including, but not limited to, reasonable legal fees, arbitration and court costs, associated expenses, and legal interest on such award, judgment, or settlement.

Flashpoint Media Services LLC,

950 Jackson Pike

Harrodsburg, KY 40330