- LICENSE TO USE- All our images are rights managed. The Client shall have the right to use the Photographs within the media territory which is usually a country for an agreed period. Our defined usages are broken in five usage rights. 1/ Features rights for editorial magazines and books these are full house features with text may be used in a perpetual manor for publications from the library. All editorial features that are commissioned from the library have a one-time usage for the title of the magazine and rights run 90 days from the date of publication of the printed matter. Internet usage rights from the same commission can only run 6/8 months and may be extended with permission only. 2/ Press rights for papers are generally the usage of one to three images. 3/ Advertising and advertorial (is an advertisement in the form of editorial content) rights and are usually bought placement in a publication. 4/ Brochure rights are an informative paper document/booklet and website. 5/ Advertising banners/billboards or point of display are large image advertising display placements on the web. Unless otherwise stated, the Photographer is the sole author of the images and owns all license rights. Any usages you would like or agreements outside a specific given license listed above, please contact us. Should you wish not to have an image licensed through the library, please let us know. We may also show images be it advertising work and tear sheets (art files) as examples of our past work for interviews and other relative ways to showcase recent work samples. The images from the library and pdf’s are for the client selection purposes only. Some images from the library may have prior restrictions in place.
- INTERPRETATION– The Photographs shall be of the Photographers interpretation, rather than a literal re-creation of any concepts or layouts provided to the Photographer by the Client or the Client’s representative. The Client is responsible for having its authorised representative present during all “shooting and retouching” phases of the Assignment to approve the Photographers interpretation of the Assignment. If no representative is present, the Photographers interpretation shall be accepted. The Client shall be bound by all approvals and job changes made by the Clients representatives unless a rejection fee has been agreed in advance. The photographer holds no responsibility for errors. All Image requests are to be sent in an email with the full image number in a list format.
- RESHOOTS- The Photographer will charge 100% of his fees, charges and expenses on any re-shoot requested by the Client.
- FORCE MAJEURE– In the unlikely event of total photographic failure, alteration or cancellation owing to any cause beyond our control. The photographer’s liability shall be limited to a full refund of the photographer’s fee paid only and not expenses. There is no liability for consequential loss however caused.
- OVERTIME/DEADLINES – In the event, any assignment extends beyond hours given is the client’s responsibility. All post-production requests require at least a three day minimum turnaround time depending on the amount of work involved and location. In some cases, we might include subcontractors.
- CANCELLATIONS AND POSTPONEMENT– The Client is responsible for payment of all expenses incurred up to the time of the cancellation, If notice of cancellation is given less than three business days before the shoot date, the Client will be charged 100% of the Photographers fee and expenses. Weather postponements: Unless otherwise agreed, the Client will be charged 100% of the costs if the delay is due to weather conditions on location. The Photographer assumes no liability for postponements however caused. If a feature is cancelled or dropped after being commissioned from the library the client is subject to a 25% cancellation fee. However, after 60 days of the feature request commission, full payment will be payable due to other publications refusals while holding the feature for the publisher. We can not be held responsible if the client defaults by being in breach of any terms of this agreement or acting in an unreasonable manner inconsistent with this agreement. We then reserve the right and shall be at liberty to cancel and withdraw by email to the client informing them of there new position. Library images and features rights that have been granted may have restrictions posted on them at a later date due to the unforeseen changes.
- INDEMNITY– The Photographer shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the photographs or other use by the Client. Images maybe retouched before going to press with consent only. The Client shall indemnify the photographer against any claims or damages against him/her including reasonable counsel fees arising from the Client’s use of the photographs and the Photographer’s use of the material or the instructions of the Client. The Photographer shall not be liable for any legal action, claim or damages resulting from Client’s dissatisfaction or delays. All fees and costs of the assignment invoices are the client’s liability regardless if the final photographs are used/publish or not. Finally, the photographer shall not be liable for any legal action, claim or damages resulting from any damages caused on location as well as parking fines due to lack of parking facilitation by the client.
- PAYMENT– All expenses are due before commencement and are non-refundable. Full payment is required on receipt unless agreed otherwise within said amount of days of the relevant date of shooting. If the fee is late or returned due to wrong input the interest will be at 2% per month on the new amount. The photographer may suspend deliveries, services or copyright usage of the images until full payment is received. The photographer is not responsible for wrong inputs on payments sent with SEPA or SWIFT that are returned. Payments are in Euro only. We use XE Currency Converter for non EUR rates on the invoice date. We do not accept checks. All invoices are subject to VAT/Sales tax.
- ACCEPTANCE– If the client orders the performance of any services required to complete an assignment it constitutes an acceptance by the conduct of the agreement in its entirety, whether signed or not. Subcontractors may be subjected to their own terms and conditions outside of this agreement. All products or downloads must be inspected for any defects or non-conformity on receipt. Reproduction of files is between the printer and the client for press work. We of course work of a calibrated monitor for consistent results and can supply prints for matching.
- ADDENDUM-This agreement is an addendum to the client’s terms with the invoice from the client area and downloading of any images as part of our Duty of Care we will always do our best to achieve the highest quality work for you. Hopefully, this agreement will help to be transparent in the process for you.
We look forward to working with you and if you have any concerns, please contact us and let us know. Feedback is always welcome.
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