As of _______________, 2003, ____________________, hereafter referred to as
Client, enters into the following agreement with John Gress Photography,
hereafter referred to as Photographer. The agreement constitutes the entire
agreement between both parties and will apply to all future transactions.
A. Commission
Client agrees to pay Photographer a Creative Fee of $_______ each day
for the creation of all negatives, transparencies (slides), digital images,
and prints, hereafter referred to as Photographs, that Client commissions
the Photographer to create.
Further, commissions in this contract can be described as Commercial
(when Photographs are intended to be used for any advertising product,
political campaign, newsletters or annual reports) or Editorial (when
Photographs are intended to be used for magazines and newspapers).
B. Copyright
Except as otherwise specifically provided in writing, all Photographs
and rights contained therein, including copyright, remain the sole and
exclusive properties of Photographer.
All use of Photographs created during an Editorial commission are limited
to one-time in the edition and volume contemplated for assignments. Any
additional uses require the prior written agreement of Photographer on terms
to be negotiated at that time. In addition, payment to photographer for the
use of the images, often referred to as space rates, may be negotiated in
writing below. Absence of space rates implies that one time Editorial usage
is included in the Creative Fee.
Space Rates, if applicable.
$______ 1/4 Page or less
$______ 1/2 Page or less
$______ 1 Page or less
$______ Front Cover
$______ Rear Cover
Photographer grants client first time use rights in North America.
All use of Photographs created during a Commercial commission must be
negotiated prior to their usage. No usage rights are included or implied
with the Creative Fee charged to Commercial Client for commissions.
Photographer retains, for life, reproduction and display rights to all
Photographs for use in photographic competition, promotional materials and
any publication of an original manuscript or portfolio presentation for
trade or other use.
C. Photographer Judgement
Client is responsible for sending an authorized representative to the
contracted location where Photographer will make Photographs for Client. If
no representative is present, the Client must accept Photographer's judgment
as to the creation of the Photographs.
D. Payment Terms
Client must deliver payment within 30 days of the invoice date. A $25.00
re-billing fee and 2% service charge will be charged on the unpaid balance
30 days from the invoice date and at the end of every 30 period their after.
Adjustments of these terms must be requested in advance of work completed by
Photographer for Client.
E. Expenses
Client will be responsible for expenses incurred while carrying out the
process of generating images. These expenses include but are not limited to:
an assisting fee of $175 per day, hotel fees, rental car expenses, rental
car fuel expenses, photographer’s and assistants’ meals, and the fair market
value of film and processing. The Client will also be charged $0.395 or the
current Internal Revenue Service mileage rate, which ever is greater, for
each mile driven while carrying out activities related to creating and
delving commissioned Photographs to the Client. The Invoice may reflect, and
Client is bound by, oral authorizations for fees and/or expenses that could
not be confirmed in writing due to immediate proximity of the creating the
Photographs for the commission.
In addition, the following fees will be applied when digital cameras are
used to complete a commission. The Client will be charged $0.39 for each
digital image created during the completion of the Commission. Absent
outright purchase of Photographs for a Commercial commission, Client may
review preview images on a CD or online in a Web Gallery that mimics
traditional photographic contact sheets. The Client will be charged and
agrees to pay $35 for any such CDs or access to any Web-based preview
galleries of the Photographs. Once the Client selects Photographs with one
of the preview methods, Client will be charged $25 for the delivery of each
image intended for Commercial use, which will be prepared for reproduction
on a professionally calibrated monitor. With the outright purchase of
Photographs from a Commercial commission, Client will receive a CD of
original Photographs at no additional charge. Clients will not be charged
for CDs or Web Galleries showing Photographs created during an Editorial
commission.
F. Estimates
All expense estimates made by Photographer are subject to vary by as
much as 15%.
G. Client Liability
Client assumes full liability for its principles, employees, agents,
affiliates, successors and assigns (including without limitation messengers
and freelance researchers) for loss, damage or misuse of the Photographs.
Client shall indemnify Photographer against all claims, liability, damages
and expenses incurred by Photographer in connection with any third party
claim arising out of use of said material hereunder.
Client assumes insurer's liability to (1) indemnify Photographer for loss
or damage of any Photographs, and (2), absent outright purchase, return all
photographic originals prepaid and fully insured, safe and undamaged by
bonded messenger, air freight or registered mail within 30 days after the
first use thereof as provided herein. In the event any original photograph
is not returned in the above manner, an unwarranted-risk-fee of three
hundred U.S. dollars ($300) or 1/2 of invoice fee, whichever is greater,
shall be paid.
Reimbursement by Client for loss or damage of each original photograph
shall be in the amount of one thousand five hundred U.S. Dollars ($1,500).
Photographer and Client agree that said amount represents the fair and
reasonable value of each item. Client’s payment to Photographer must be made
within 30 days of discovering that the materials can not be found and or
recovered in their original condition.
H. Cancellations
Cancellations and postponements: Client is responsible for payment of
all expenses incurred during the commission up to the time of cancellation,
plus 50% of creative fee. If notice of cancellation is given less than two
business days before shoot date, Client will be charged 100% of the creative
fee.
Photographer shall be indemnified against any claims stemming from
cancellations at any time due to his or her health.
I. Third Parties
Client may not assign or transfer this agreement to a third party. No
waiver is binding unless set forth in writing.
Photographer is not responsible for the acts of third parties that lead
to complications in or prevent completion the commissions.
J. Product Samples / Clips
Client agrees to supply Photographer with six free copies of each use of
the Photographs.
K. Model and Property Releases
No model or property releases exist on any of the Photographs unless
Photographer specifies the existence of such release in writing. Client will
indemnify and defend Photographer against all claims, liabilities, damages,
costs and expenses, including reasonable legal fees and expenses arising out
of any use of any of the Photographs for which Photographer furnished no
release, or any of the Photographs altered by Client or at the Clients
request. Photographer's liability for all claims shall not, in any event,
exceed the fee of one dollar.
Client's Signature:_____________________________________ Date:_____________
Photographer's Signature:_____________________________________ Date:_____________
|
