We will always do our best to fulfill 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 our photography is conditioned upon the Terms and Conditions of our business. These terms may vary with each photo assignment, or photographs ordered.
This Agreement is between Anne T. Converse Photography (“Photographer”) and [You](“Client”) which includes Client’s principals, employees, affiliates and representatives. Photographer’s relationship with Client is that of an independent contractor. “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:
Client acknowledges that Photographer is the author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. No electronic publishing, or Internet use, of any kind is permitted unless specifically stated.
Images are licensed for specific use(s) and are not sold Images ordered for prints of specific sizes for individuals or clients will be signed and printed to the color and specifications of the original photograph, and the vision of the photographer, Anne T. Converse.
For Stock Agencies and Advertising Agencies price(s) for the image(s) will be negotiated upon the order and nature of the usage for the photograph. Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified on the reverse side of this Agreement. The term of license begins from the date Photographer receives full payment of invoice.
Unless otherwise agreed, any rights granted are always non-exclusive, non sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark. 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.
Photographer retains the right to use the Image(s) for his self-promotion.
3. PHOTOGRAPHIC INTEGRITY and ALTERATIONS:
Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for color, contrast, brightness, sharpness, and cropping, are permitted. Any alteration or modification of any Image(s) will not constitute a work of joint authorship.
4. GENERAL LIABILITY and RELEASES:
Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s). 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). Photographer is not responsible for obtaining model, property, trademark, copyright, or any other, releases in connection with the Image(s) unless specifically 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. In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.
Time is of the essence for receipt of full payment under this Agreement.
NO RIGHTS ARE GRANTED UNLESS AND UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT, INCLUDING, IF APPLICABLE, ANY LATE-PAYMENT CHARGES. UNLESS OTHERWISE AGREED, THE USE OF ANY IMAGE(S) PRIOR TO 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.
In some cases, usage rights before full payment may be granted in writing. However Photographer reserves the right to rescind any rights granted 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 are the responsibility of the Client.
6. CREDIT LINE and COPYRIGHT NOTICE:
Placement of a credit line or copyright notice is required only if specified on the reverse side of this Agreement. If a credit line or copyright notice is required but not actually provided, Client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.
7. CANCELLATIONS and POSTPONEMENTS:
To do our best work, we focus (no pun intended) on only one client per day. Once Client and Photographer have agreed to time(s) and date(s) for a photography assignment, Photographer will not accept work from any other client for the same time(s) and date(s).
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 postponement, 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.
For Stock Agencies and Advertising Agencies price(s) for the image(s) will be negotiated upon the order and nature of the usage for the photograph. Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified on the reverse side of this Agreement. The term of license begins from the date Photographer receivesfull payment of invoice.
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 postponement. However, Photographer understands that life doesn’t always happen as planned and consideration will be given in any such circumstance.
8. ARCHIVING DIGITAL FILES:
While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.