I will always do my best to fulfil and hopefully even exceed your photography needs. But it’s often best for everyone to have a few things written down so that we both know who, what, where, when and how.
As is the industry standard, all my photography is conditioned upon the Terms and Conditions of my business. These terms may vary with each photo assignment. You will always receive exact details in advance of your proposed photography project. A Terms and Conditions, which is not as ominous as it may sound, will be included with every estimate and invoice.
Here’s a look at my general Terms and Conditions. Remember that these may not all apply in every situation and are subject to change, depending on the job at hand. The following is for informational purposes only.
“Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.
2. USAGE RIGHTS AND OWNERSHIP
IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.
Client understands and agrees that it is not buying the Image(s) but is paying only for a licence to use the Image(s) as specified on the reverse side of this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee.
Unless otherwise agreed, the term of licence begins from the date Photographer receives full payment of the invoice.
Unless otherwise agreed, any rights granted are always limited, non-exclusive, non-sublicensable, non-transferable and non-assignable. Image(s) may not be used in a logo, corporate identity, trademark or other service marks.
The use of any Image(s) by Client will not constitute a work of joint authorship.
Copyright metadata contained within any digital file may not be altered or removed, without the express consent of Photographer.
Unless otherwise agreed, Photographer retains the right to use the Image(s) for his self-promotion.
3. PHOTOGRAPHIC INTEGRITY AND ALTERATIONS
Any alteration or modification of any Image(s) will not constitute a work of joint authorship.
4. GENERAL LIABILITY AND RELEASES
The client will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).
The photographer is not responsible for obtaining model, property, trademark, copyright, or any other releases in connection with the Image(s) unless expressly stated in this Agreement. It is Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.
Should Photographer agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release.
NO RIGHTS ARE GRANTED UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT, INCLUDING, IF APPLICABLE, ANY LATE-PAYMENT CHARGES. UNLESS OTHERWISE AGREED, THE USE OF ANY IMAGE(S) BEFORE FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR SUCH AN UNAUTHORIZED USE WILL BE DOUBLE THE INVOICE TOTAL.
Where usage rights before full payment are granted, Photographer reserves the right to rescind any such usage rights if Client fails to make timely payment.
All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.
Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered. Bank transfer fees and wire fees are the responsibility of the Client.
6. CREDIT LINE AND COPYRIGHT NOTICE
7. CANCELLATIONS AND POSTPONEMENTS
Where Client postpones or cancels an assignment, Client will pay all expenses incurred by Photographer up to the time of postponement or cancellation, plus all fees for any subcontractors booked for the assignment, and:
(a) Thirty-five percent of Photographer’s fees for delay, or cancellation, less than twenty-four hours from the scheduled time, or
(b) Fifty percent of Photographer’s fees for postponement, or cancellation, after Photographer, has departed for location.
If the same assignment is rescheduled for a later date, full fee and any additional expenses will be charged for the actual shooting.
Any deposits paid on booking become non-refundable for cancellation, or postponement, less than two business days from the date of photography.
Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or delay. However, Photographer understands that life doesn’t always happen as planned and consideration will be given in any such circumstance.
If Client requires a reshoot, Client will pay Photographer an additional fee of one hundred percent of the cost stated in the quote or invoice for the original shoot, plus all expenses for the reshoot.
If a reshoot is required due to factors beyond the control of Photographer, including but not limited to, weather conditions, acts of God, or the fault of a third party, Photographer will not charge an additional fee and Client agrees to pay all expenses for the reshoot.
9. FAILURE TO PERFORM
This limitation of liability will also apply if any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.
10. KILL FEE
11. ARCHIVING DIGITAL FILES
The client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
12. DIGITAL FILE QUALITY
Photographer uses cameras and monitors that are colour calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities.
It is Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
13. ACCEPTANCE OF TERMS
No amendment or waiver of any items is binding unless outlined in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorisations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.
This Agreement will be deemed to be a contract made under the laws of the United Kingdom, and for all purposes will be interpreted in its entirety following these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the United Kingdom. The client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favour of Photographer.
If any provision of this Agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
In addition to oral and written agreements, use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.
This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.