PHOTOGRAPHY LICENSE & TERMS OF USE AGREEMENT

Effective Date: July 1, 2026

Photographer: John Brophy/Tampa Bay Baseball (“Photographer”)

Client/Purchaser: You (“Client”)

By purchasing digital files, prints, or licenses from the Photographer, the Client agrees to the following terms and conditions.

1. Grant of License (Personal Use Only)

• What You Get: Upon full payment, the Photographer grants the Client a non-exclusive, non-transferable, revocable license to use the purchased digital photographs for personal, non-commercial purposes only.

  Permitted Uses:

• Printing physical copies for personal display, framing, or gifting to family and friends.

• Sharing digital files on the Client’s personal social media accounts (e.g., Instagram, Facebook, X), provided that the Photographer is properly credited (e.g., photo by @jbrophybaseball or Tampa Bay Baseball).

• Saving files to personal devices and cloud storage for backup.

2. Restrictions (What You Cannot Do)

To protect the Photographer's copyright and livelihood, the Client expressly agrees NOT to:

• Commercial Resale: Sell, license, lease, or sub-license the images to third parties, including sports card manufacturers, memorabilia dealers, or commercial publications, without prior written consent and a separate commercial agreement.

• Editing & Alteration: Crop, filter, alter, remove watermarks, or digitally manipulate the images in a way that changes their integrity. (Basic resizing for social media platforms is permitted).

• Third-Party Use for Gain: Allow athletic brands, equipment sponsors, non-client family members, or third-party businesses to use the images for promotional or commercial purposes without securing a commercial license from the Photographer.

• Editorial Syndication: Submit images to news outlets, magazines, or stock photo agencies without explicit written permission.

3. Copyright and Ownership

• Photographer Ownership: The Photographer retains 100% ownership and copyright of all images captured, created, and delivered under this agreement, in accordance with United States Federal Copyright Law.

• Digital Delivery: Purchasing a digital file grants a license to use the image, not a transfer of copyright. The Photographer reserves the right to use all images for portfolio display, marketing, advertising, and promotional purposes.

4. Player & Family Rights / Privacy Release

• For Minor Athletes: If the Client is a parent or legal guardian purchasing photos of a minor, the Client represents and warrants that they have the legal authority to consent to the photographing and likeness usage of the minor for the agreed-upon personal scope.

• Commercial Limitations: This agreement does not grant the Client any right to use the athlete's name, image, or likeness (NIL) for commercial product sales or brand endorsements outside of personal keepsake use.

5. Limitation of Liability & Indemnification

• File Delivery & Backup: The Photographer takes utmost care in capturing, storing, and delivering high-quality images. However, in the unlikely event of digital file corruption, mechanical failure, or loss, the Photographer’s liability is strictly limited to a refund of monies paid for the specific affected images.

• Indemnification: The Client agrees to hold harmless and indemnify the Photographer against any claims, liabilities, or expenses arising out of the Client’s misuse of the images or breach of this agreement.

6. Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.