Standard Photography Agreement
ENTIRE AGREEMENT: This agreement contains the entire understanding between Work Pics 360 and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement it does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT in a manner enjoyed by all parties. CLIENT and Work Pics 360 agree that cheerful cooperation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled start time.
SAFETY: Work Pics 360 reserves to right to terminate coverage and leave the location of the EVENT(S) if we experience inappropriate, threatening, hostile or offensive behaviour from the person(s) at the EVENT(S); or in the event that the safety of the photographer is in question.
COPYRIGHTS: The photographs produced by Work Pics 360 are protected by Federal Copyright Law (Copyright© Work Pics 360 all rights reserved) and may not be reproduced in any manner without Work Pics 360 's written permission. Upon final payment by the CLIENT, Limited Reproduction License of the resulting images will be transferred to the CLIENT under the following conditions:
- The Digital Files, Negatives and or Transparencies (slides) are the property of CLIENT for commercial, personal use and for the purposes of the reproduction and giving of photographs to friends and relatives.
- The CLIENT must obtain written permission from and compensate Work Pics 360 prior to the CLIENT or its friends and relatives publishing or selling the photographs for profit.
- All captured images and digital files in their RAW unprocessed form will remain the sole property of Work Pics 360. Work Pics 360 does not supply unprocessed images to CLIENTS unless expressly agreed upon in writing as part of the scope of works and contract.
MODEL RELEASE: The CLIENT hereby grants to Work Pics 360 and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases Work Pics 360 's and its legal representatives and assigns from all claims and liability relating to said photographs.
VENUE AND LOCATION LIMITATIONS: Work Pics 360 is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on Work Pics 360 . Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; Work Pics 360 will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which Work Pics 360 will be performing services.
EXHIBITION: The CLIENT grants Work Pics 360 permission to display selected images resulting from this assignment as an example of Work Pics 360 's work and for entrance into photographic competitions and release all claims to profits that may arise from the use of images.
PUBLISHING: Work Pics 360 will publish the images on the CLIENT’S Google+ CID as found in Google’s infrastructure. It is, therefore, the CLIENT’s responsibility to ensure a current and valid CID for images to be publishable and found. Work Pics 360 will not be responsible for any changes in third-party hosting such as Google or any other image hosting service(s).
POST PRODUCTION AND EDITING: The final post-production and editing styles, effects, and overall look of the images are left to the discretion of Work Pics 360 . The Client has reviewed portfolio images and accepts image composition quality and the documentary and artistic value of images photographed by the photographer or those working the behalf of Work Pics 360 and accepts the results on an as-is basis. The CLIENT shall hold Work Pics 360 harmless in any disputes arising from these issues.
PRIVACY AND PUBLIC RESPONSIBILITY: The CLIENT will bear all responsibility for the content in photographs taken by Work Pics 360 for which the CLIENT publishes or for which Work Pics 360 publishes on behalf of the CLIENT with respect to privacy and confidentiality and will hold harmless Work Pics 360 for such content in photographs.
LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill to photograph the event, Work Pics 360 will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the session package. Work Pics 360 takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Work Pics 360 's control, Work Pics 360 's liability is limited to the return of all payments received for the session package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals. Work Pics 360 shall not be liable for any changes for third-party hosting and/or display which may or may not impact the visibility of such images. The CLIENT in such cases may request for the final image product(s) to be supplied or hosted in a different location.
CAPTURE AND DELIVERY: Work Pics 360 is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of Work Pics 360 .
TRAVEL AND EXPENSES: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT. All travel expenses are based on the distance between the EVENT location(s) and the Work Pics 360 studio address. For all photo shoots, the first 50 kilometres round-trip of travel are included. All kilometres in excess of 50 kilometres round-trip are charged at $0.75AUD per kilometre.
RETAINER / DEPOSITS: In the event of cancellation, the Retainer paid is non-refundable. It shall be liquidated damages to Work Pics 360 in the event of a breach of contract by the CLIENT. The CLIENT shall also be responsible for payments for any Work Pics 360 materials charges incurred up to the time of cancellation.
COMPLETION SCHEDULE: Publishing and delivery of images will be delivered within 21 days of capture by Work Pics 360 unless the CLIENT is otherwise advised.
PAYMENT SCHEDULE: The deposit is due upon the date of this agreement and the balance is due on the date of the photography session unless otherwise agreed upon. Unless specifically arranged in advance in writing, all Invoices that are not paid within 7 days of the due date will accrue a late payment fee of 2% per month. To avoid late payment fees, please pay your invoice promptly.