1. Scope
This release applies to all events, openings, receptions, private viewings, artist talks, collector consultations, commissioned sessions, and general visits held at the Gallery or at any event hosted, co-hosted, or sponsored by the Gallery at another location (each, an “Event”).
2. How consent is given
You agree to this release by any of the following: submitting an RSVP or registration form that references it; entering the Gallery premises or an Event where notice of photography is posted; or attending an Event. The version of this release posted on the date of your visit is the version that applies.
3. Grant of rights
You grant Alexander Kippe and Torch Lake Gallery LLC d/b/a Alexander Kippe Fine Art Photography, together with its employees, staff, docents, contractors, licensees, successors, and assigns (collectively, “the Gallery”), the right to photograph, film, videotape, and audio record you, your likeness, your voice, and any guests or minor children for whom you are responsible, while attending an Event.
4. Permitted use
You grant the Gallery a perpetual, worldwide, royalty-free, irrevocable right to reproduce, publish, exhibit, distribute, and display that material, in whole or in part, alone or in combination with other material, in any medium now existing or hereafter developed — including the Gallery’s website, social media accounts and third-party platforms, email newsletters, press releases and media placements, printed marketing materials, in-gallery and exhibition displays, and archival records.
5. Editing
You waive any right to inspect or approve any finished product, copy, or caption, and agree the Gallery may crop, edit, retouch, or composite the material at its discretion.
6. Ownership
All photographs, video, and audio recordings made by the Gallery are the sole property of Alexander Kippe, who retains all copyright and all other rights in them.
7. No compensation
You understand that no compensation of any kind will be paid, now or in the future, for this grant.
8. Waiver of claims
You release and hold harmless the Gallery from any and all claims arising from use of the material, including claims for invasion of privacy, misappropriation of likeness or right of publicity, defamation, false light, or any claim based on blurring, distortion, alteration, or use in composite form.
9. Minors
If you register for or attend with anyone under 18, you represent that you are that person’s parent or legal guardian, or are authorized by the parent or legal guardian to grant this release on their behalf. Where a person under 18 attends without a parent or legal guardian, the Gallery will not publish material in which that person is identifiable without the consent of a parent or legal guardian.
10. Capacity
You represent that you are at least 18 years of age and have read and understood this release.
11. Opting out
Guests who prefer not to be photographed may notify Gallery staff on arrival and will be identified so that reasonable efforts can be made to exclude them from published material.
12. Requesting removal
You may request removal of a specific published image at any time by writing to info@AlexanderKippe.com. The Gallery will make reasonable efforts to remove the image from material under its control. The Gallery cannot recall material already distributed, reshared, printed, or published by third parties.
13. Commercial and artistic use beyond marketing
This release covers promotional, editorial, and archival use. Use of an identifiable guest’s likeness as the subject of an artwork offered for sale, or on merchandise, will be handled under a separate written release signed by that guest.
14. Photography by visitors
14.1 Personal photography. You may take photographs and video while visiting the Gallery for your own personal, non-commercial use, including sharing on your personal social media accounts, on the condition that you credit Alexander Kippe by tagging @[handle] or naming the artist in the caption. Photographs shared without that credit fall outside the permission granted in this section.
14.2 Copyright is retained. All works displayed at the Gallery are original copyrighted works of Alexander Kippe. Photographing a work does not transfer, license, or exhaust any right in it. The photograph you take of a work remains subject to the underlying copyright in that work.
14.3 Prohibited uses. Without the Gallery’s prior written permission, you may not: sell, license, or offer for sale any photograph or video of a work; use it in advertising, promotion, editorial licensing, or stock imagery; reproduce it as a print, canvas, poster, merchandise, textile, or print-on-demand item; create derivative works from it, including paintings, illustrations, or digital works based on it; or use it as reference material for the creation of other artwork.
14.4 Machine learning and AI. You may not use, submit, or make available any photograph or video of a work — whether taken at the Gallery or obtained from the Gallery’s website, social media accounts, or printed materials — for the training, fine-tuning, or development of artificial intelligence, machine learning, or generative models, or for inclusion in any dataset used for those purposes. Images published by the Gallery carry embedded content credentials and metadata asserting this restriction; removing, altering, or obscuring that metadata is prohibited.
14.5 Equipment and conditions. Handheld cameras and phones are welcome. Tripods, monopods, gimbals, supplemental lighting, flash, drones, and professional or commercial equipment require prior arrangement with the Gallery. Photography must not obstruct other visitors or come into contact with any work, wall, or mount.
14.6 Restricted works. Certain works may not be photographed, including works on loan, works from private collections, commissioned works, and works not yet released. These will be identified by signage or by staff. Gallery staff may decline photography of any work at any time.
14.7 Integrity of the work. You may not alter, crop, recolor, filter, distort, or caption an image of a work in a manner that misrepresents it or that is prejudicial to the artist’s honor or reputation, or present a modified image as an accurate representation of the original work.
14.8 Name and marks. Use of “Alexander Kippe,” the Gallery name, or any Gallery mark or logo in a way that suggests sponsorship, endorsement, affiliation, or authorization is prohibited without prior written permission.
14.9 Other visitors. Please be considerate of other guests and do not photograph them without their consent.
14.10 Enforcement. The Gallery may ask any person to stop photographing, to delete images taken in violation of this section, or to leave the premises. Nothing in this section waives any remedy available to the Gallery under copyright, trademark, or other law.
15. Press and media
Members of the press, bloggers, content creators, and other media attending in a professional capacity must arrange access with the Gallery in advance. Media use of images of works is permitted for editorial coverage of the Gallery, the artist, or an exhibition, with credit to Alexander Kippe. Media access does not include commercial licensing, resale, or stock distribution. Sections 14.2 through 14.4 and 14.7 apply to media as they do to visitors.
16. Security recording
The premises may be monitored by security cameras. Security recordings are made for safety and loss-prevention purposes only, are not used for marketing or publication, and are retained and deleted in the ordinary course of business.
17. Changes
The Gallery may update this release. Material changes take effect on posting, and prior versions remain available on request.
18. Governing law
This release is governed by the laws of the State of Michigan.
19. General
If any provision of this release is found unenforceable, the remaining provisions remain in full force. This release does not supersede any separate written agreement signed between you and the Gallery, including model releases, commission agreements, and artwork purchase agreements. Where a signed agreement and this release conflict, the signed agreement controls.
Questions, opt-out requests, removal requests, and permission requests
Alexander Kippe Fine Art Photography & Gallery
4250 Main Street, Bay Harbor, MI 49770
alexanderkippe.com/photography-release