definitions

This Agreement is between CarmenNicolePhotography (“Photographer”) and [You] (“Client”) which includes Client’s employees, guests and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization, if applicable. Photographer’s relationship with Client is that of an independent contractor.

“Image(s)” means the photographic material, whether still or moving, created by Photographer and includes, but is not limited to prints or digital files, that were captured, recorded, stored, or delivered, in any type of format, photographic, optical, electronic, magnetic, digital, or any other, media.

digital files

All files will be delivered electronically and although Photographer may choose to archive files, it is the responsibility of the Client to properly store all received files. Files will be archived with Photographer for, at most, 60 days. 

usage rights & ownership

Client acknowledges that Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. 

IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.

Unless otherwise agreed, any rights granted are always limited, non-exclusive, sub licensable, non-transferable and non-assignable. Image(s) may not be used in a logo, corporate identity, trademark or other service mark.

The use of any Image(s) by Client will not constitute a work of joint authorship.

Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.

Unless otherwise agreed, Photographer retains the right to use the Image(s) for self-promotion.

Payments, cancellations, and reschedules

payments

Time is of the essence for receipt of full payment under this Agreement.

NO RIGHTS ARE GRANTED UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT, INCLUDING, IF APPLICABLE, ANY LATE-PAYMENT CHARGES.

All invoices are due upon receipt. Adjustments of amounts or terms must be requested within 3 days of invoice receipt.

Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered. 

reshoots

If Client requires a reshoot, Client will pay Photographer an additional fee of one hundred percent of the fee stated in the quote or invoice for the original shoot, plus all expenses for the reshoot.

If a reshoot is required due to factors beyond the control of Photographer, including but not limited to, weather conditions, acts of God, or the fault of a third party, Photographer will not charge an additional fee and Client agrees to pay all expenses for the reshoot.

photographer failure to perform

If Photographer is unable to supply services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond control, then Photographer will attempt to procure the services of another professional photographer to fulfill obligations. If that does not succeed, Photographer will return any fees paid by Client.

This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.

canellations & postponements

The Client is responsible for adhering to the agreed upon time and date. 

Where Client postpones or cancels an assignment, Client will pay all expenses incurred by Photographer up to the time of postponement or cancellation, plus all fees for any subcontractors booked for the assignment, and:

(a) 35% of Photographer’s fees for postponement, or cancellation, less than twenty-four hours from the scheduled time, or

(b) 50% of Photographer’s fees for postponement, or cancellation, after Photographer has departed for location.

If the same assignment is rescheduled for a later date, full fee and any additional expenses will be charged for the actual shooting.

Any deposits paid on booking become non-refundable for cancellation, or postponement, less than two business days from the date of photography.

Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or postponement. However, Photographer understands that life doesn’t always happen as planned and consideration will be given in any such circumstance.

kill fee

Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay all fees and expenses whether or not Image(s) are used.