Agreement:
Commencing on the {executedContract} The photographer will grant the licensee the {exclusivity} {firstRights39}, with non-transferable and non-assignable use of all images from the {commissionType} outlined in 2.Photography Session Details for the period of {licensePeriod} {beyondFirst} with the purpose of {usageEnvironment} for {usageSpecifics}
Provisions:
The photographer retains all copyrights attached to the image(s) as well as any other rights which may not be detailed in this agreement.
Credit/Acknowledgement of the photographer's name and website URL [Ben Russell - socialeyesphoto.com] must be given when the image is published, either with a picture credit, caption or a link/acknowledgement in the publication if the image is used for editorial purposes (newspapers, magazines, newsletters, web or print publications, etc...).
Selling and/or redistribution of this image is forbidden.
Licensee is allowed to crop and/or electronically alter the image to suit their purposes for the usage stated above.
Indemnity:
The Licensee indemnifies and holds harmless [Ben Russell] against all claims, liability, damages, costs and expenses stemming from a breach of this agreement, the use of the image, your failure to abide by any restriction regarding the use of an image, or any claim by a third party related to the use of the image.
Warranty and Liability:
This image is provided "as is" with no warranty regarding the suitability of the image for any purpose. The artist is not liable to the client or any person or entity for damages, costs or losses stemming from any usage of this image.
Photography Services Quote:
When 'Service Quote Request' is selected in the 'Form Type' field, the information provided in the 1.Photography Session Details and 2.Image Licensing sections will be used by the photographer/licensor to generate a photography services quote/estimate to be delivered in a seperate email for client/licensee approval.
After quote approval by the client/licensee this form will be signed by the photographer/licensor and becomes the 'Completed Contract', which will be sent to the client as a PDF document for both parties reference.
Only until the contract is signed by both licensor and licensee does the contract become legally binding.
Fees outlined in the forthcoming quote will be itemised as follows:
Creative Fee: Based on a rate of $250 per hour according to proposed event/project duration. The fee may change based on additional hours required to complete the project after approval from client.
Production Fee: Costs related to scope of work including but not limited to; additional equipment hire, stylists, assistants (plus travel expenses), prop rental, etc. Subject to change based on additional project requirements during shoot upon approval of the client.
Editing Fee: Basic editing and level adjustments are included. Advanced editing requests may carry a fee based on client requirements.
Travel Expenses: Charged at 50 cents-per-km from SocialEyes Photography Studio to and from shoot location. Out of province travel expenses related to vehicle hire and flight costs. (Does not include independent assistant and stylist travel expenses).
Image Licensing Fee: Calculated based on information provided in 2.Image Licensing section. Usually the more rights granted to the licensee the larger the fee.
Payment: To be paid in full within 15 days of date of invoice.
POST SHOOT
Image Proofing:
A selection of images from the shoot will be uploaded to a private proofing gallery for the client. Proofing images are uploaded with watermarks in low resolution (1000px) and are solely for reference in choosing final images covered under the usage agreement and are NOT available for client download and use in any form. Client is asked to chose their desired images and submit their selections to the photographer. Once reviewed and editing has been completed to the clients requirements full resolution images will be uploaded to a separate gallery available for client download and usage laid out under the terms outlined in the Agreement section above.
Photographer is not liable to deliver every image taken at the event or photoshoot. The determination of images delivered to the client is left to the discretion of photographer. However, all elements expressly requested for capture by the client will be included in the proofing gallery for viewing.
Galleries will be named according to the permissions or constraints of the image content: "Proofing" for viewing and client reference only and "Licenced" for images covered under the usage terms of this agreement and available to download.
Client can use proofing gallery to reference past images at anytime within the agreement term and/or select and submit additional images for purchase.