Photography Terms And Conditions of Commisions

Terms And Conditions of Commisions

Commencement of Commercial Photography work


1. Definitions

The Photographer hereafter refers to: Gavin Gilmour | Innervisions

For the purpose of this agreement 'the Agency' and 'the Advertiser' shall where the context so admits include their respective assignees, sub-licensees and successors in title.

In cases where the Photographer's client is a direct client (i.e. with no agency or intermediary), in the agreement references to 'the Agency' and 'the Advertiser' shall be interpreted as references to the Photographer's Client.

The Photographer shall be considered the sole author of the image(s). Even in the case of the Photographer working to concepts or layout, the final images shall be considered to be the Photographer's interpretation.

The 'Photographs' means an image on any photographic material furnished by the Photographer, whether negatives, transparencies, prints or any other type of physical or electronic material.

" Photography Fee" includes first use of photographs and is referred to as Base Usage Rate (BUR).

2. Copyright

The copyright in the Photographs is retained by the Photographer at all times throughout the world.

3. Ownership Of Materials

Title to all Photographs remains the property of the Photographer, unless there is an agreement to the contrary, the Client should return all image(s) in an undamaged, unaltered and un-retouched condition within 30 days after first publication or use of the image(s). Subject to the usage in Rights Licensed.

4. Loss Or Damage

Reimbursement by the Client or their agent/s for loss or damage of each original photographic transparency or film negative shall be to the amount of $1,500 each OR the total cost of the original assignment. The Photographer and Client agree that the said amount represents the fair and reasonable value of each item, and that the Photographer would not sell all rights to such item for less than said amount. The Client understands that each original photographic transparency and film negative is unique and does not have an exact duplicate, and may be impossible to replace or re-create.

5. Rights Licensed

The Licence shall be for the usage as set out in the estimate and subject to the use identified by the Client at the time of commission and comes into effect from the date of payment to the relevant invoice(s).

Permission to use the photographs for purposes outside the terms of the licence may be granted upon payment of a further fee, which must be mutually agreed before such further use is made. The basis for any such negotiation will start from the Base Usage Rate (BUR) specified on the estimate. No rights license may be assigned or transferred in any manner without Photographer's prior written consent.

6. Exclusivity

As stated in the License, the Agency and Advertiser will be authorised to publish the photographs to the exclusion of all other persons. Unless there is an agreement to the contrary, the Photographer retains the right in all cases to use the photographs in any manner at any time in any part of the world for the sole purpose of promoting his/her work. After the exclusivity period indicated in the License, the Photographer shall be entitled to use the photographs for any purpose. On expiry of the Exclusivity period, the Client will be offered the first right to extend the licence, upon payment of the fee.

7. Indemnity

The Photographer shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of photographs or other use by the Client. The Client shall indemnify the Photographer against any claims and / or damages against them, including reasonable counsel fees arising from the Client's use of the photographs and the Photographer's use of the material on instruction from the Client.

8. Payment

The Client shall pay all expenses referred to herein. All assignments where total cost estimate exceeds $8000 require payment of 100% of the Production Charges and Expenses and 50% of the Fees before commencement. Full payment is otherwise required within 30 days of receipt of the relevant invoice. Late fees of 2% per month will be added where applicable.

9. Client Approval

The Client is responsible for having its authorised representative present during all 'shooting' phases of the assignment. If no representative is present, the Photographer's interpretation shall be accepted. The Client is bound by all approvals and job changes made by the Client's representatives. Unless a rejection fee has been agreed in advance, there is no right of rejection.

10. Overtime

In the event any assignment extends beyond eight (8) consecutive hours in any one day, the Photographer may charge overtime for crew members and assistants at the rate of one and one half (1.5) times their hourly rate of fee.

11. Cancellations And Postponements

The Client is responsible for payment of all expenses incurred up to the time of cancellation. The Photographer may charge a cancellation fee of 50% of Photographer's fees. If notice of cancellation is given less than two business days before the shoot date, the Client may be charged 50% of Photographer's fees.

12. Reshoots

The Photographer will charge 100% fees, charges and expenses for any re-shoot requested by the Client.

13. Electronic Data

The Client shall not be electronically or by any other means, methods or processes, whether now known or hereafter developed, in any manner use scan, reproduce or copy any image in whole or in part except as may be otherwise expressly stated on the front of this agreement. The Client shall not electronically or by any other means, methods or processes whether now known or hereafter developed, in any manner retain, store, use or alter any image in whole or in part, except as may be otherwise expressly stated on the front of this Agreement.

14. Entire Agreement

This agreement is the entire agreement between the parties with respect to the subject matter and no alteration, modification or interpretation hereof shall be binding unless in writing and signed by both parties.

General Terms and Conditions for commissioning all projects