Terms & Conditions

Here’s the boring stuff:

[1] Definition: “Image(s)” means all visual representations furnished to Client by Photographer, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Unless otherwise specified on the front of this document, Photographer may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. It is Client’s responsibility to verify that the digital data are suitable for reproduction of the expected quality and color 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, or consequential damages. Unless otherwise specifically provided elsewhere in this document, Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client. Client is responsible for sending an authorized representative to the assignment or for having an authorized representative review the images remotely during the assignment. If no review is made during the assignment, Client is obligated to accept Photographer’s judgment as to the acceptability of the Images.

 

[2] Rights: All images and rights relation to them, including copyright and ownership rights in the media in which the Images are stored, remain in the sole and exclusive property of the Photographer. Unless otherwise specifically provided elsewhere in this document, any grant of rights is limited to a term of (1) year from the date hereof and to usage in print media in North America. Unless otherwise specifically provided else where in this document, no image licensed for use on a cover of a publication may be used for promotional or advertising purposes without the express permission of Photographer and the payment of additional fees. No rights are transferred to Client unless and until Photographer has received payment in full. The parties agree that any usage of the Image without the prior permission of Photographer will be invoiced at three times Photographers customary fee for such usage. If any Image is being published in any medium, Client agrees to provide Photographer with a URL if electronic or with a copy of each published use of each image no later than 60 days after the date of first publication of each use. All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the Images. Photographer reserves the right to use photographs on portfolio, and will only keep the whole set of pictures for two years.

 

[3] Loss or Damage: Reimbursement by Client for loss or damage of each original photograph or disc of photographs shall be in the amount of Thirty dollars ($30). Photographer and Client agree that said amount represents the fair and reasonable value of each item, and that Photographer would not sell all rights to such item for less than said amount. Client understands that each original is unique and does not have an exact duplicate, and may be impossible to replace or re-create. Client also understands that its acceptance of the stipulated value of the images is a material consideration in Photographer’s acceptance of the terms and prices in this agreement.

 

[4] Photo Credit: All published usages of images will be accompanied by a written credit to Photographer or copyright notice as specified on the reverse side.

 

[5] Alterations: Client will not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans unless specifically permitted on the reverse side. Client may not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in the respect of the images, alone or with any other material, including making digital scans unless specifically permitted on the reverse side. Alterations include but are not limited to cropping and alterations of contrast, brightness, and color balance.

 

[6] Assumption of Risk: Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.

 

[7] Overtime: In the event a shoot extends beyond eight (8) consecutive hours, Photographer may charge for such excess time of assistants at the rate of 1 ½ times the said rate agreed between the Client and the Photographer.

 

[8] Reshoots: Client will be charged 100 percent fee and expenses for any reshoot required by Client. For any reshoot required because of any reason outside the control of Client, Photographer will charge no additional fee, and Client will pay all expenses.

 

[9] Assignment Cancellations and Postponements: Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment, plus 50 percent of Photographer’s fee; however, if notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100 percent fee. Postponements: Unless otherwise agreed in writing Client will be charged a 100 percent fee if postponement of the assignment occurs after photographer has departed for location, and 50 percent fee if postponement occurs before departure to location. Fees for cancellations and postponements will apply irrespective of the reasons for them.