Terms & Conditions
Definitions: This Agreement is between Tony Puerzer – DBA Bright Idea Photography – hereinafter referred to as the Photographer and the individual contracting the services, hereinafter referred to as the Client. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor. “Image(s)” means all visual representations delivered to Client by Photographer, whether captured, delivered, or stored, in photographic, magnetic, optical, electronic, digital, analogue, or any other, media.
Usage Rights and 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). All images and copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Client appear in this Agreement. No electronic publishing, or Internet use, of any kind is permitted unless specifically stated. IMAGES ARE LICENCED FOR SPECIFIC USE(S) AND ARE NOT SOLD. Client understands and agrees that it is not buying the Image(s) but is paying only for a licence to use the Image(s) as specified in this Agreement. The term of licence begins from the date Photographer receives full payment of invoice. Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.
Consultation: Client agrees to a pre-session consultation before the photo session date in order to finalize the actual shooting times, locations, and Client request list (in writing) for specific photographs. Client agrees to confirm the schedule prior to the assignment via email. Every reasonable effort will be made to take requested photographs, but no specific pose or photograph can be promised. The written request list will be used for organizational purposes only.
Responsibilities: Client is responsible for sending an authorized representative to the shoot. If no representative is present, Client must accept Photographer’s judgment as to the execution of the Image(s). Photographer is not responsible for compromised coverage due to causes beyond his control such as other people’s camera or flash, the lateness of the models or other principles, weather conditions, schedule complications, rendering of decorations or props, or restrictions of the venues or site management. Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage.
Locations: Client is responsible for scheduling and obtaining permission to use various locations for photography, including the primary locations and any other locations used during the day. Photographer is limited by the guidelines of the site management. Client agrees to accept the technical results of their imposition on Photographer. Negotiation with the officials for moderation of guidelines is Client’s responsibility; Photographer will offer technical recommendations only.
Payment: NO RIGHTS ARE GRANTED UNLESS AND UNTIL PHOTOGRAPHER HAS RECEIVED PAYMENT IN FULL. ANY USE OF IMAGES PRIOR TO PAYMENT IN FULL WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR USE PRIOR TO RECEIPT OF FULL PAYMENT WILL BE DOUBLE THE INVOICE TOTAL. Adjustments of amounts or terms must be requested within ten 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.
Cancellations or Postponements: Client shall reserve the time and date of services by signing and returning this Agreement. No date is reserved until the agreement is received. Once Client and Photographer have agreed to time(s) and date(s) for an assignment, Photographer will not accept other work from any other clients for that time(s) and date(s). Where Client, its assigns, or employees, postpones or cancels an assignment, or is unable to reschedule said assignment to a time and date agreeable to Photographer, Client will be responsible for payment of any and all expenses up to the time of postponement or cancellation, plus fifty percent of fees for postponement, or cancellation. If the same assignment is rescheduled for a later date, full fee and any additional expenses will be charged for the new assignment. Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or postponement.
General Liability and Releases: Client will indemnify, defend, and hold harmless, Photographer and his assigns, contractors, and representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising from Client’s use of the Image(s). Unless delivered to Client by Photographer, no model, property, trademark, or other, releases exist for any Image(s). It is Client’s responsibility to obtain the necessary permissions for uses that require any release not delivered by Photographer. It is Client’s responsibility to determine whether any releases delivered by Photographer are suitable for Client’s purposes.In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.
Limit of Liability: In the unlikely event Photographer or his agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, war, accident, illness, government laws or regulations, electrical failure, strikes by suppliers, or technical problems, Photographer will make every effort to secure a replacement photographer. If a suitable replacement is not found, responsibility and liability is limited to the return of all payments received and Photographer shall have no further liability with respect to this contract. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this contract during the time preceding the date on which such liability arises.
Exclusivity: Unless agreed to in advance, Photographer shall be the exclusive photographer retained for the photo session(s). Photographer may bring one or more assistants at his discretion. Videographers and other vendors as well as semi- professional photographers must not obstruct or interfere with the official photography and are not allowed to take any still photos during the photo sessions. Other individuals may take photos, but it is the responsibility of Client to prevent these individuals from interfering with Photographer’s duties.
Food Service: For sessions up to 6 hours Client will provide a light meal for Photographer. For sessions up to and past 8 hours a full course meal is required. If no meal is provided, it is understood that Photographer will leave the session to purchase a meal.
Accommodation: For photo sessions of more than one day in duration Client will provide suitable accommodation for Photographer and his assistants.
Image Editing: Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use his professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client. Limited color correction and/or retouching are included at Photographer’s discretion. Client may request further changes for an additional charge.
Archiving: Upon receipt of selected images, Client accepts all responsibility for archiving and protecting the images. Photographer does not permanently archive image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read the images or media provided. It is Client’s responsibility to make sure that digital files are copied to new media as required.
Entire Agreement: This is a binding agreement which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by all parties, and physically attached to the original agreement. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this agreement become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by any of the parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
Amendments: No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the assignment.