Terms & Conditions

TERMS AND CONDITIONS & PHOTO RELEASE AGREEMENT

Effective Date: August 12, 2026

Business Entity: Pets of Wichita (Sole Proprietorship)

Location: Sedgwick County, Kansas

1. Acceptance of Terms

By accessing this website, uploading Media (defined below), or checking any box acknowledging agreement to these Terms, you ("Submitter," "you," or "your") enter into a legally binding agreement with Pets of Wichita (including its sole proprietor, successors, assigns, and affiliates, collectively referred to as "Company," "we," "us," or "our"). If you do not agree to all terms contained herein, do not upload or submit any images or content.

2. Definition of Submitted Media

For purposes of this Agreement, "Media" includes any photograph, image, digital rendering, illustration, text, story, or video submitted or uploaded by you to the Company through our website, forms, social media platforms, email, or third-party collection tools.

3. Grant of Perpetual, Royalty-Free License

By submitting Media, you hereby grant Company a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable, non-exclusive license to print, publish, reproduce, distribute, display, transmit, edit, crop, adjust, reformat, market, advertise, and otherwise use the Media, in whole or in part, in any format or medium now known or hereafter developed.

This license includes, without limitation, the right to include the Media in:

  • Printed softcover and hardcover books, magazines, and physical publications.

  • eBooks, digital downloads, and online publications.

  • Promotional materials, websites, email campaigns, social media, and advertising products related to Pets of Wichita.

4. Consideration & Waiver of Compensation

You explicitly acknowledge and agree that your submission of Media is purely voluntary. The sole consideration provided to you under this Agreement is the opportunity for potential inclusion in Company publications. You expressly waive any right to financial compensation, royalties, licensing fees, print revenue, or monetary claims of any kind, now or in the future, arising from the use or commercial exploitation of the Media.

5. Copyright & Ownership Representations

You represent, warrant, and guarantee under penalty of perjury that:

  1. Originality & Ownership: You are the sole copyright owner of the submitted Media, OR you possess explicit, written permission from the copyright holder (e.g., professional photographer) to grant Company the license rights set forth herein.

  2. Pet Ownership: You are the legal owner or authorized custodian of the pet(s) depicted, with full legal authority to permit publication of their image.

  3. No Infringement: The Media does not infringe upon, misappropriate, or violate any third-party copyright, trademark, trade secret, privacy right, publicity right, or other proprietary right.

6. Human Likeness & Minor Release

If any human individual appears, is visible, or is recognizable within the submitted Media:

  1. Adult Release: You represent and warrant that you have obtained express written permission from every recognizable adult to permit Company to publish their image and likeness.

  2. Minor Release: If any recognizable individual is under eighteen (18) years of age, you represent and warrant that you are the parent or legal guardian of said minor, and hereby grant full consent to the publication of their image on their behalf.

7. Indemnification & Defense

You agree to defend, indemnify, and hold harmless Pets of Wichita, its sole proprietor, contractors, printing partners, distributors, and agents from and against any and all third-party claims, demands, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

  • Any breach or alleged breach of your representations, warranties, or obligations under this Agreement.

  • Any copyright, trademark, or intellectual property infringement claim brought by a third party regarding the Media you submitted.

  • Any dispute concerning pet ownership, privacy rights, or unauthorized human likeness usage.

8. Editorial Discretion & No Obligation to Publish

Company retains absolute and unreviewable editorial discretion over all submitted Media. Submission does not guarantee that your image or text will be printed or published. Company reserves the right to crop, recolor, edit, omit, reject, or remove any Media at its sole discretion, for any reason or no reason, without notice or liability to you. You explicitly waive any "moral rights," rights of attribution, or rights to inspect/approve final proofs prior to publication.

9. Release of Liability

You release and forever discharge Company from any and all claims, demands, or causes of action arising out of or in connection with the use, printing, distribution, or publication of the Media, including claims for copyright infringement, defamation, invasion of privacy, or violation of publicity rights.

10. Age Requirement

You represent and warrant that you are at least eighteen (18) years of age and possess full legal capacity and authority to enter into this legally binding agreement.

11. Governing Law & Exclusive Venue

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Kansas, without giving effect to conflict of law principles. You explicitly agree that any legal action, dispute, or proceeding arising under or related to this Agreement shall be brought exclusively in the state courts located in Sedgwick County, Kansas, and you hereby submit to the personal jurisdiction and venue of such courts.

12. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.