We will always do our best to fulfil and 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, when, where and how. All our photography is conditioned upon the Terms and Conditions of our business. These terms may vary with each photo assignment.
Here’s a look at our general Terms and Conditions. Remember that these may not all apply in every situation and are subject to change, depending on the job at hand.
This agreement is between Open Home Online (“Photographer”) and the client (You) which includes Client’s principals, employees, affiliates, and representatives. Client agrees that it has the legal authority to enter into this agreement on behalf of its employer, company, or organization. Photographer’s relationship with Client is that of an independent contractor.
“Image(s)” means all visual representations delivered to Client whether captured, delivered, or stored, in photographic, magnetic, optical, electronic, digital, analogue, or any other, media.
2. USAGE RIGHTS and OWNERSHIP:
Client acknowledges that the Photographer is the author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). All Images and 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.
The term of license begins from the date Photographer receives full payment of invoice. The use of any Image(s) will not constitute a work of joint authorship. Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer. Unless otherwise agreed, Photographer retains the right to use any 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 colour, contrast, brightness, sharpness, and cropping, are permitted.
Any alteration or modification of the Image(s) will not constitute a work of joint authorship.
4. GENERAL LIABILITY and RELEASES:
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, arising from Client’s use of the Image(s).
Photographer is not responsible for obtaining model, property, trademark, or other releases in connection with any Image(s) unless specifically stated in a written agreement. It is the Client’s responsibility to obtain the necessary permissions for any Image uses that require a release. It is the Client’s responsibility to determine whether any releases delivered by Photographer are suitable for Client’s purposes. 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. ANY USE 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.
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.
A 10% late fee will be assessed on the first day that payment is late and 5% for every 10 days thereafter not to exceed 100% of the negotiated amount.
6. CREDIT LINE and COPYRIGHT NOTICE:
Placement of a credit line or copyright notice is required only if specified on the invoice. 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 concentrate 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) 50% (Fifty percent) of Photographer’s fees for postponement, or cancellation, less than twenty-four hours from the scheduled time, or
(b) 75% (Seventy-five percent) of Photographer’s fees for postponement, or cancellation, after Photographer has departed for location.
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 after receipt of deposit.
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.
Client is responsible for sending an authorized representative to the shoot. If no representative is present, Client must accept Photographer’s judgment as to the execution of the Image(s).
If Client requires a re-shoot, Client will pay Photographer an additional fee of one hundred percent of the fee stated in the quote or invoice for the original shoot, plus all expenses for the re-shoot.
If a re-shoot is required due to factors beyond the control of the Photographer, including, but not limited to, weather conditions, acts of God or the fault of a third party, Photographer will not charge an additional fee, but Client agrees to pay all expenses for the re-shoot.
9. FAILURE TO PERFORM:
If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfil his obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.
This limitation of liability will also apply in the event that any Images are lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.
10. PROCUREMENT OF PAYMENT OR FEES:
Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any Image(s).
11. 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.
Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
All digital files created by, or on behalf of, Client that contain any Image(s) will be deleted or destroyed within ten days after the expiration date of license.
12. DIGITAL FILE QUALITY:
Photographer is committed to providing high quality services. Unless otherwise specified on the invoice, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) are licensed.
Photographer uses cameras and monitors that are colour calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities.
It is Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
13. ACCEPTANCE OF TERMS:
Client may not assign or transfer this agreement or any of the rights granted hereunder. This agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.
No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed separable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
In addition to oral and written agreements, use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.
This agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.