- 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 into five usage rights. 1. Features rights for editorial magazines and books, which are full-house features with text that may be used perpetually 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 for 6/8 months and may be extended with permission only. 2/ Press rights for papers generally allow the usage of one to three images. 3/ Advertising and advertorial (an advertisement in the form of editorial content) rights are usually bought for placement in a publication. 4. Brochure rights include an informative paper document, a booklet, and a website. 5/ Advertising banners/billboards, or point of display, are prominent image advertising display placements on the web. Unless otherwise stated, the Photographer is the sole author of the images and owns all license rights. For any uses you would like or agreements outside the specific licenses listed above, please get in touch with us. Should you wish not to have an image licensed through the library, please let us know. We may also display images, such as advertising work and tear sheets (art files), as examples of our past work to support interviews and other relevant ways to showcase recent work samples. The images from the library and PDFs are for client selection purposes only. Some images from the library may have prior restrictions in place. All images in any finished artwork, including magazines, will retain our copyright and all BTS images are subject to agreement.
- INTERPRETATION– The Photographs shall be of the Photographer’s 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 photographer’s interpretation of the Assignment. If no representative is present, the photographer’s interpretation shall be accepted as the official record. The Client shall be bound by all approvals and job changes made by the Client’s representatives unless a rejection fee has been agreed in advance. The photographer holds no responsibility for errors. All Image requests should be sent via email with the full image number listed in a comma-separated 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 – If any assignment extends beyond the hours given, it is the client’s responsibility. All post-production requests require a minimum turnaround time of three days, depending on the amount of work involved and location. In some cases, we might include subcontractors. An invoice will be issued for jobs held over two weeks, and add-ons will be invoiced separately at a later time when revised.
- 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 photographer’s 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 at the 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 due for 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 reserve the right to cancel and withdraw by email to the client, informing them of their new position. Library images and feature rights that have been granted may have restrictions posted on them at a later date due to 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 may be 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 the Client’s dissatisfaction or delays. All fees and costs of the assignment invoices are the client’s liability, regardless of whether the final photographs are used/or published. 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 incurred due to the client’s lack of parking facilities.
- PAYMENT– All expenses are due before commencement and are non-refundable. Full payment is required on receipt unless agreed otherwise within the said number of days of the relevant date of shooting. If the fee is late or returned due to incorrect input, interest will be charged at 2% per month on the revised amount. After three months, the invoice will be sent to a third party for collection, and the amount will include their fees. The photographer reserves the right to suspend deliveries, services, or copyright usage of the images until full payment is received. The photographer is not responsible for incorrect payments sent via SEPA or SWIFT that are returned. Payments are in euros 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 or 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 are subject to their 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 on a calibrated monitor for consistent results and can supply prints for matching. However, all images appear different when viewed on an uncalibrated monitor.
- This agreement serves as an addendum to the client’s terms, whether signed or not, as outlined in our invoice and the 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 you maintain transparency throughout the process.
We look forward to working with you. If you have any concerns, please don’t hesitate to contact us and let us know. Feedback is always welcome.
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