Below are the standard terms and conditions for a typical professional photography shoot and a copy of these terms is always paired with a project estimate or quote for new client inquiries. These conditions are usually customized for specific commercial photographic projects. For example if an advertising photography shoot requires out of state or international travel, other categories for travel expenses such as airfare, excess and overweight equipment, accommodations, etc. will be added as the client is responsible for all these costs.
Terms & Conditions:
AGREEMENT – This agreement between the above referenced photographer (hereafter “Photographer”) and the undersigned client (hereafter “Client”) governs the assignment described in the accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning that assignment.
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. The expenses are estimated in good faith. Actual expenses which may be greater or less, will be invoiced. Sales tax is not included in the estimate. Any applicable sales tax will added at the time of invoice.
DEFINITIONS – “Editorial” use is when the client publishes the Photograph/s in their own publication, for the purpose of educating and/or conveying news, information or fair comment opinion, and which does not seek or accept sponsorship to promote a product, person, service or company. “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 in a newspaper, magazine, billboard, or report, brochure, pamphlet, poster, or website, and whose audience is employees, customers, shareholders. or the general public. “Public Display” use is when a Photograph is hung in Client maintained space, open to public viewing, and the Client is not paying for the placement of the Photography/display. “Private Display” use is when a Photograph is hung/displayed in private space, closed to public viewing. “Photograph/s” are images created as part of the project as agreed to by the Photographer and Client.
PAYMENT – Client shall make payment within 30 days of invoice. Late payments will be billed a $20.00/month handling fee and 1/5%/month interest. A 50% advanced payment is required to initiate production. Applicable sales tax is not included in the estimate, but will be applied to final invoice. Please make checks payable to the Photographer.
COPYRIGHT – All of the Photographs created by the Photographer (both moving and still) and their copyright are the sole and exclusive property of the Photographer. Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full. Photograph(s) in any layout or concept shall not constitute a Joint Work.
ADDITIONAL USAGE – If Client wishes to make any additional uses of the photographs not covered in the initial agreement, Client shall obtain permission from the Photographer and pay an additional fee to be agreed upon.
CANCELLATIONS, WEATHER, POSTPONEMENTS – In the event of a cancellation or postponement of a shoot by the Client or due to weather, Client shall pay all expenses incurred by the Photographer up to the time of the cancellation, plus a fee to be agreed upon. . If a shoot is cancelled within 24 hours of departure for the shoot, lint shall also pay 50% of the anticipated photographic fee and 100% of the anticipated expenses (including fees of any subcontractors booked for the job). If a shoot is postponed due to weather, Client will be responsible for all crew fees and expenses incurred on each Weather Day, plus a photographer fee to be agreed upon.
CLIENT REPRESENTATION – The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer’s interpretation of the assignment. If a Client representative is not present, the Photographer’s interpretation shall be deemed acceptable.
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. The photographer similarly indemnifies and holds Client harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from the Photographer’s negligence.
AUTHORSHIP CREDIT – A credit in the name of Photographer shall accompany the Photographs whenever practical.
TEAR SHEETS – Client will provide Photographer with a printed copy or PDF of any publication where the Photographs appear.
POST PRODUCTION IMAGE PROCESSING – Post production image processing will be supplied at a per image fee. Included in post production will be the standard clean up, proper color correction and enhancement of each images as well as the rendering and layering of all the exposures and lighting scenarios that take place on the shoot. If additional photoshop work is requested that falls outside of this spectrum, additional post production fees may apply.
TURNAROUND TIME – Standard turnaround time for the completion and delivery of the project is 7 – 10 business days. If expedited image processing is requested, it can be supplied for an additional post production fee of 100% of the standard per image processing rate.
EXPIRATION – Estimates are valid for 15 days unless signed by both parties.