AGREEMENT – This Agreement between the undersigned 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.
DEFINITIONS – “Publicity” use is when the Client submits the 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 website. “Collateral” use is when the photographs appear in a publication that the Client produces, such as a magazine, annual report, brochure, pamphlet, poster or web site, and whose audience is employees, customers, shareholders, or the general public. “Photograph/s” are images created as a part of the project as agreed to by Photographer and Client.
PAYMENT – Late payments will be billed a $20.00/month handling fee and 2%/month interest.
Please make cheques to Lindsay Elliott.
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.
All rights are not expressly granted shall be reserved by the Photographer. Modification of the Photograph(s) and/or incorporation of Photograph(s) in any layout or concept shall not constitute Joint Work.
CANCELLATIONS, WEATHER, POSTPONEMENTS – In the event of a cancellation or postponement of the shoot by the Client or due to weather, Client shall pay all expenses incurred by the Photographer up to the time of cancellation, plus a fee to be agreed upon. If a shoot is cancelled within 48 hours of departure for the shoot, Client shall also pay 50% of the anticipated photographic fee and 100% of the anticipated fees of any subcontractors booked for the job.
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 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 Photographer’s negligence.
RETOUCHING – Any additional retouching requested by the Client will be quoted on a case-by-case basis.