The Standard Terms & Conditions.
I have to do this to make it official; these are the current terms and conditions mentioned on your invoice, and while I'm flexible, I'm not breakable. I've received a lot of advice on my Terms from some great photographers and business people, so if works for them, I believe it will work for me and you as the client. Please contact me if you have any questions.
1. DEFINTION: This agreement is between the "Photographer" (author of the photographs) or authorized "Representative" named on the face of this letter and the "Client" who is the commissioning party which the advertising agency represents for the purpose of this agreement.
2. QUOTED FEES AND EXPENSES: The fees and expenses quoted are for the original layout and job description only and for the uses agreed. Any changes are subject to separate agreement. The Client and its advertising agency are jointly and severally responsible for payment of fees and expenses. Any changes in scope of work made during the shoot can be agreed to verbally. That will constitute an agreement in change of either fees or expenses, and will be reflected in the final invoice.
3. CANCELLATIONS AND POSTPONEMENTS: The Client is responsible for payment of all expenses incurred up to the time of cancellation or postponement, plus 50% of the Photographer's fee. If notice of cancellation or postponement is given less than two business days before the shoot date, the Client will be charged 100% fee. Weather postponements: Unless otherwise arranged, the Client will be charged 100% fee if postponement is required due to weather conditions on locations and 50% fee if postponement occurs before departure to location.
4. CLIENT REPRESENTATION: The Client is responsible for presence of an authorized representative at the shoot to approve the Photographer's interpretation of the assignment. If the Client representative is not present, the Photographer's interpretation shall be deemed acceptable.
5. OVERTIME: In the event that a shoot extends beyond twelve consecutive hours, the Photographer may charge for such excess time of assistants and freelance staff at the rate of one-and-one-half their hourly rate.
6. RE-SHOOTS: (a) The Photographer will charge 100% fee and expenses for any re-shoot required by the Client. (b) For any re-shoot required because of an act of God or the fault of a third party, Photographer will charge no additional fee and Client shall pay all expenses. (c) If the Photographer charges for special contingency insurance and is paid in full for the shoot, the Client shall not be charged for any expenses covered by Insurance. A list of exclusions form such insurance will be provided on request.
7. INDEMNITY: The Client shall indemnify the Photographer and Representative against any claims and damages, including reasonable counsel fees, arising from the Client's use of the photographs and the Photographer's or Representative's use of material or instructions of the Client.
8. GRANT OF RIGHTS AND COPYRIGHT NOTICE: Grant of any reproduction rights is conditioned upon receipt of payment in full and use of proper copyright notice. All rights not expressly granted remain the exclusive property of the Photographer. Unless otherwise stated on the face of this invoice, duration of the grant of rights is one year from invoice date and limited to use in the United States of America.
9. RETURN OF PHOTOGRAPHS: Unless otherwise stated, all original film (if used) must be returned to the Photographer in their original unaltered condition by date of first publication and no other use, other than reproduction, may be made with these originals. If photographs are lost or damaged while in the custody of the Client, the Client agrees to pay the Photographer $1,500 per original transparency. If images are digital, client must delete all files and associated imagery after terms have expired.
10. TERMS OF PAYMENT: Invoices are payable upon receipt. A re-billing fee of $75.00 is applied on any balances unpaid after 30 days, and for each additional 30 day period in which an unpaid invoice is re-billed.
11. MISCELLANEOUS: The Client may not assign or transfer the rights licensed herein. Any modifications of these terms must be in writing and signed by each party. This agreement is made under and shall be governed by the laws of the state in which the Photographer's principle place of business is located.
12. PROPERTY RELEASE: Payment of invoice will further constitute a property release if the owners of the property are named on the invoice.
13. CHANGES IN TERMS AND CONDITIONS: Any changes to the above Terms & Conditions must be made in writing and signed by both parties, BEFORE the invoice will be issued.