DEFINITION – For the purpose of this agreement “the Client” shall, where the context so admits, include their respective assignees; sub-licensees and successors in title.
“Photograph” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
- TERMS OF PAYMENT
Down payment in the sum specified on the front page is due upon the signing of this agreement. Balance is due upon presentation of the invoice. The Photographer reserves the right to charge a 2% surcharge per month on the amount outstanding after 45 days.
- COPYRIGHT AND OWNERSHIP
Ownership of and all local and international copyright in the photograph is retained by the Photographer save for express agreement in writing to the contrary. Rights to the photographs may not be released or assigned to any third party unless a mutual agreement has been reached between the Photographer and the Client. The Clients has the option to purchase all rights to the original photographs.
No usage rights will be granted until full payment has been made or if any of the terms of this agreement have been breached. Usage is for Ireland only, unless otherwise stated in the agreement. The duration for first usage is as stated on the front page, after which time an additional charge will apply. Additional charges will also apply for usage not stated in the contract. Usage outside Ireland: If used in the same media but in the following regions:
A. Asia and the Pacific
C. The AmericasThe following additional charges will apply.
– 50% & above of the original photography fee if used in one of the regions/Country.
– 75% & above of the original photography fee if used in two of the regions/Countries.
– 100% & above of the original photography fee if used worldwide & Internet/Online.
For additional or extended usage in the same media in Ireland, 30% of the photography fee will be charged for each new media placement.
Other media usage:
An additional charge of 50% of the photography fee will be charged if used in a TV commercial, 20% for audio – visual use, etc. Digital or other electronic usage will be negotiated on an individual basis.
- CANCELLATION AND POSTPONEMENT
The Client is responsible for the payment of all expenses incurred up to the time of cancellation. In the event that the job is cancelled within 48 working hours (including Saturdays, Sundays & Public Holidays) prior to the shoot, a cancellation fee equivalent to 50% of the quote is payable immediately. 100% of the amount will be chargeable for cancellation within 24 working hours (incl. Saturdays, Sundays & Public Holidays) prior to the shoot. Weather postponement: If less than 12 hours’ notice is given prior to the location departure, the Client shall pay 50% of the Photographer’s fee, after departure 100%.
The Clients shall pay all quoted expenses and all expenses arising from any alteration of the original job description.
- MODEL RELEASES AND FEES
The photographer will provide approved model release forms for the talent to sign. The Client shall be responsible for all payments to all required talent.
No charges will be made for re-shooting if due to the photographer’s negligence or technical error. For any re-shoot required due to third party negligence (e.g. processing lab or delivery service) a re-shoot will be done under the photographer’s direction at no additional photographic fee but Clients will pay all expenses. Full photographic charges and expenses will be charged for all other reasons. These would include change of concepts and/or layout by the Agency or Client during or after the completion of the assignment.
- OVERSEAS ASSIGNMENTS
50% of the Photography fees and expenses will be charged for pre-production time spent on overseas assignments.
50% of photography fees and full expenses will be paid for travel days, location scouting, standby and agreed upon rest days.
- OVERTIME, NIGHT AND
In the event an assignment extends beyond ten consecutive hours, including meal time, the photographer may charge for such excess time of assistants and freelance staff at the rate of 150% of their hourly rates. All photography work commissioned between the hours of midnight and 06:00a.m., Saturday afternoons, Sunday and official Holidays will be charged at a mutually agreed upon higher fee.
- CLIENTS REPRESENTATION
The Client is responsible for the presence of an authorized representative at the shoot. In the absence of an authorized representative, the Photographer’s interpretation is deemed to be acceptable and final.
The Photographer cannot be held responsible for any circumstances beyond his or her control while on assignment (e.g. strikes, earthquakes, war and civil unrest). In such cases, a contingency payment may be due.
The Client shall be responsible for insurance coverage against non-delivery, loss or damage to material furnished by the client.
The Client shall indemnify and hold the photographer harmless against all claims, liability, damages and expenses incurred directly or indirectly in connection with any third party claim arising from the usage of the photographs or equipment.
- APPLICABLE LAW
This Agreement shall be governed by the laws of The Republic of Ireland.