| TERMS AND CONDITIONS A. AGREEMENT- This agreement between the Photographer and the Client governs the assignment described in the accompanying price quote, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning the assignment. To agree to these terms and conditions click “I have read and agree to the terms and conditions.” If you do not agree to the these terms and conditions, do not click “I agree to the terms and conditions,” and do not use the services. B. ESTIMATES- The fees quoted by the Photographer are for the original job description as presented by the Client. And subsequent changes, whether made orally or in writing, may result in additional charges. In cases where the estimated expenses exceed $1,000.00, the client will pay for expenses in advance or pay a 10% premium on all expenses within 30 days of the invoice. C. DEFINITIONS- “Publicity” use is when 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 website. “Internal Collateral” use is when the photographs appear in a publication that the Client produces, such as a magazine, brochure, pamphlet, poster or web site, and whose audience is limited to the Client’s employees. “External Collateral” use is when the photographs appear in a publication the Client produces such as an annual report, magazine, brochure or web site, and whose audience is customers, shareholders, or the general public. “Personal Display” use is when a photographic print is hung in a home or office and will not be seen by the general public. “Commercial Display” use is when a photograph is hung in a public space. “Exclusivity” is when the Photographer will not license the photographs to any third party without the permission of the Client. D. 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. Please make checks payable to Jeff Schear Visuals. E. COPYRIGHT- Grant of any reproduction rights to the client is conditioned upon receipt of payment in full. All rights not expressly granted shall be reserved by the Photographer. F. 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. G. SOCIAL NETWORKING USAGE- The Client must request permission from photographer, to use photographs for social networking. On social networks, client must use low resolution and/or watermarked photographs for said usage and may not, under any circumstances, upload high resolution photographs. H. CANCELLATIONS POSTPONEMENTS- In the event of a cancellation or postponement of a shoot by the Client or subject, Client shall pay all expenses incurred by the Photographer up to the time of cancellation, plus a fee $250. If a shoot is canceled within 24 hours of departure for the shoot, Client shall also pay 100% of the anticipated photographic fee and 100% of the anticipated fees of any subcontractors booked for the job. I. 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 Photograph’s interpretation shall be deemed acceptable. J. AUTHORSHIP CREDIT- A credit in the name of the Photographer stating “Photography by JeffSchear.com” shall accompany his photographs wherever practical. K. 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. L. TURN AROUND TIME- Normal schedule for a web photo gallery or final file processing is 48 hours. There will be a $75.00 additional charge for 24-hour service, and $150.00 additional charge for same day service. M. RETOUCHING- All final processed files have basic retouching (spotting, simple blemishes removed) included in the final file charge. Any additional retouching requested by the Client will be billed at $125.00 per hour. N. TEAR SHEETS- Client will provide Photographer with two entire copies of any publication, or a link to online placement, his photos appear in upon publication. O. EXPIRATION- Estimates are valid for 30 days unless agreed to by both parties. DOUBLE-CLICK HERE TO RETURN TO AGREEMENT FORM |