AGREEMENT – This agreement between the undersigned Photographer and the undersigned Client governs the assignment described in the accompanying quote/price and along with these Terms & Conditions constitute the entire agreement between the parties concerning that assignment. Any and all online direct bookings are parts of this agreement.
ESTIMATES – The fees quoted by the Photographer are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing may result in additional charges. In cases where the estimated expenses exceed $1,000, the Client will pay for the expenses in advance or pay a 10% premium on all the expenses within 7 days of invoice.
DEFINITIONS – ‘’Publicity’’ use is when the Client submits photographs to an outside publication (whether print or electronic) for editorial use and the Client (or their client) is not paying for that use. ‘’Advertising’’ use is when the Client (or their client) is paying for the placement of a photograph in whatever media it appears, such as newspaper, magazine, billboard or website. ‘’Internal Collateral’’ use is when the photographs appear in a publication that the Client produces, such as magazine, brochure, pamphlet, poster or website and whose audience is limited to the Client’s employees. ‘’External Collateral’’ use is when the photographs appear in a publication the Client produces, such as annual report, magazine, brochure or website and whose audience is customers, shareholders or the general public. ‘’Personal Display’’ use is when a photographic print is hung in a home or office and will not be seen by the general public. ‘’Commercial Display’’ use is when a photograph is hung in a public place.
PAYMENT – Client shall make full payment of any quote less than $1,000 upon acceptance. Client shall make a 50% payment of any quote greater than $1,000 and the remaining balance upon completion of the service. Late payment will attract a $35.00/month handling fee and 2.5% month interest.
COPYRIGHT – Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full. All rights not expressly granted shall be reserved by the Photographer.
ADDITIONAL USAGE – If Client wishes to make any additional uses of the photographs not covered in the agreement, Client shall obtain permission from the Photographer and pay an additional fee to be agreed upon.
EXCLUSIVITY – The Photographer will not license the photographs to any third party without the permission of the Client.
CANCELLATION/POSTPONEMENTS – In the event of cancellation of a shoot by the Client or subject, the client shall pay all expenses incurred by the Photographer up to the time of cancellation plus any fee agreed upon. If a shoot is cancelled within 24 hours of the shoot, the Client will forfeit 50% of the anticipated photographic fee and 100% of the anticipated fees of any subcontractors booked for the job.
CLIENT REPRESENTATION – The Client is responsible for the presence of an authorised representative at the shoot to approve the Photographer’s interpretation of the assignment. If a Client is not present, the Photographer’s interpretation shall be deemed acceptable.
AUTHORSHIP CREDIT – A credit in the name of the Photographer shall accompany his photographs whenever practical. The photographs delivered are not to be modified in any shape, form or look without prior written consent of the Photographer.
INDEMNIFICATION – Client hereby indemnifies and holds the Photographer harmless against any and all liabilities, claims and expenses including reasonable attorney’s fees arising from Client’s use of Photographer’s work.
TURN AROUND TIME – Normal schedule for web photo gallery or final file processing is 48 hours after Client proofing selection. There will be a $75.00 additional charge for a 24 hour service and $150 additional charge for same day delivery.
RETOUCHING – All final processed files have basic retouching (colour & tone corrections, simple blemishes removed) included in the final charge. Any additional retouching requested by the client will be billed at $55 per image.
TEAR SHEETS – Client will provide the Photographer with two entire copies of any publication his photos appear in (except in the case of Publicity Use) upon publication.
EXPIRATION – Quotes are valid for 30 days unless signed by both parties.