This is an agreement (Agreement) between you, as purchaser, and SGH Golf Photography and/or any other affiliated seller (Seller). The following terms and conditions apply to this order and/or purchase and to the party or parties named in the "BILL TO" and/or "SHIP TO" sections of this order and/or invoice (order/invoice), as "Purchaser(s)." Please read them carefully. You will be legally bound to the terms and conditions of this Agreement.

Whereas, Purchaser wishes to buy and Seller wishes to sell the merchandise or other property or services listed on this order/invoice all on the terms and conditions contained herein, the parties agree as follows:

1. Payment of any portion of the amount due under this order and/or invoice constitutes Purchaser's acceptance of the merchandise described in this invoice and agreement to all the terms and conditions contained herein, but shall not be deemed the exclusive manner of such acceptance and such agreement. Unless expressly agreed otherwise in a writing signed by Seller and Purchaser, the terms and conditions hereof shall constitute the entire agreement between Seller and Purchaser and shall supersede any other prior or contemporaneous oral or written promises, representations, arrangements or agreements. Seller objects in advance to the addition of new or different terms by any means, including by way of confirmation, and such new or different terms shall not become part of the contract formed hereby. Any modification of the terms and conditions contained herein shall have no force and effect unless made in writing and signed by Seller and Purchaser. If you do not accept and agree to all the terms and conditions set forth in this Agreement, do not use the merchandise or services listed in the order form and/or invoice in any way. Notify Seller immediately that you do not agree with the terms herein and do not use the services ordered and/or return the merchandise to Seller in the condition in which it was received by you. Except as provided in the preceding sentence, returns, for any reason, may only be made with the prior written approval of Seller and must be made within thirty days of purchase. However, in no case whatsoever shall any refund on a return exceed the purchase price less shipping and handling charges.

2. All merchandise, including, but not limited to, Giclee reproductions, photomechanical reproductions, photographs, derivatives thereof and any framing or other packaging of any kind, is offered and sold on an "AS-IS" basis unless expressly noted otherwise in writing. Purchaser represents that Purchaser has used diligence and has investigated thoroughly the fitness and applicability of any services ordered and/or in inspecting the merchandise listed on this order/invoice and accepts the same in an "AS-IS" condition with all faults. Seller makes no representation regarding Purchaser's ability to use any photographs, or other images supplied, and unless provided with the photograph or image, Purchaser should assume that no release of any kind exists. Unless expressly stated in writing to the contrary by Seller, the photographs, images and merchandise sold by Seller are not authorized, sponsored or endorsed by the golf club(s) and/or golf course(s) depicted or by any other property owner(s) who's property may be seen in the image or product.

3. Seller shall not be liable for any taxes, assessments, claims or damages, of any nature, resulting from the purchase or use of its merchandise, images or services, and Purchaser hereby waives, releases, indemnifies and will defend Seller, its members, agents, employees, shareholders and affiliates from any liability, actions, claims or damages resulting therefrom. In all cases whatsoever, Purchaser's EXCLUSIVE REMEDY shall be the return of the purchase price less any shipping and handling charges.

4. Unless expressly provided in writing, this order/invoice is not an assignment, sale, transfer or conveyance of copyright in any image, writing or other intellectual property referenced anywhere within this document. Any disputes over copyright ownership will be construed in favor of Seller and/or the author/creator of the work.

5. Until full payment is received by Seller, Purchaser agrees that Seller shall retain a fully secured interest in the merchandise or other property listed on this invoice and that no subordination of Seller's secured interest in the merchandise or other property shall occur without the prior written consent of Seller. Purchaser agrees that any subordination of Seller's secured interest in any property listed herein and made without Seller's prior written consent and executed by an officer of Seller shall be void from the beginning. Purchaser shall notify interested third parties of Seller's security interest in said property. Any express rights outlined within this order/invoice for use or reproduction of an image shall be null and void until the invoiced "use fee" amount has been received by Seller. Seller retains the right to reject any offers to purchase, license or rent any of its products or services.

6. Purchaser represents that he/she or it has read the entire text of this order/invoice, can enter into this Agreement, and voluntarily accepts and agrees to the terms and conditions contained herein and acknowledges that said representation is a material consideration and inducement to Seller to offer, license and/or sell Purchaser the merchandise, services or other property listed on the face of this document at the stated price and on the terms and conditions herein.

7. All outstanding balances shall be subject to a service charge of 1.5% per month, or the maximum amount allowed by law. Purchaser agrees to pay all collection fees and/or other costs, including legal fees and court costs, charged to collect outstanding delinquent balances or resolve disputes. The due date of payment shall be controlled by the "TERMS" area on this order/invoice if full payment is not received with the order. Seller may assign or transfer all or part of its rights or duties under this Agreement without notice to Purchaser. Purchaser may not assign this Agreement or any of its parts without the prior written permission of Seller.

8. The terms of this Agreement shall be severable. This is not a "work made for hire" agreement. Copyright will be governed under United States and International laws applicable on the effective date of this Agreement, which is the date first appearing on the electronic order. No relaxation which either party may give at any time in regard to the carrying-out of any obligation hereunder, nor the failure by Seller to timely enforce its rights, shall prejudice or be a waiver of rights in terms of this Agreement. The invalidity or unenforceability of any provision hereof shall not affect the validity or unenforceability of any other provision. This Agreement will be effective on the date first appearing above and will continue in effect for 50 years unless terminated by the mutual written consent of the parties. All writing contained on the front and back of this order/invoice is incorporated into and is part of this Agreement.

9. Any disputes shall be governed by the law of the State of Ohio. Notwithstanding the above, all sales are final and products non-returnable. Unless noted otherwise, each order is specially produced and not a stock item and Purchaser hereby agrees to assume sole liability for, and indemnify Seller against, any damages Seller sustains as a result of performance under this Agreement. All shipments will be sent by the carrier of Seller's choice unless a carrier is specified by Purchaser. Prices, terms and availability are subject to change without notice. Shipping and handling charges will be included for each shipment and may be broken-out separately on an invoice confirmation by Seller for shipping.

10. Copyright for any of the work performed hereunder, of for any work appearing on any merchandise, in any form, shall be vested in and remain the property of the original author or creator. Any and all photographic images or products depicting any Pebble Beach Company property, including but not limited to Pebble Beach Golf Links, Spyglass Hill Golf Course, Spanish Bay Golf Links and the Lone Cypress tree, are subject to the terms and conditions of the License Agreement (PB Agreement) between Brian Morgan and Pebble Beach Company. Purchaser agrees to be bound by the terms and conditions of the said PB Agreement in connection with the use and/or purchase of any Licensed Product.