Photography / Film - Contract Agreement
1. Introduction:
This agreement constitutes an order for commercial photography and / or videography services, including the taking of pictures and / or video as agreed to by both parties: Dale Lloyd and The Client (You!). Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints or video thereof shall remain the property of Me and may be used for the my advertising, web site portfolio, display or other promotional purposes thought proper by me to promote my products and services. Client agrees that Dale LLoyd will be the official photographers / videographers for your event and will be provided with access to all areas for comprehensive coverage.
2. Some things are just unavoidable:
If I cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to Photographer's illness or injury, then I will return total monies to the Client(s) but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic / video materials are damaged in processing, lost through camera or computer malfunction, or otherwise lost or damaged without fault on the part of me. Client(s) agree that an entire event or production cannot be replicated, reenacted or repeated for the purpose of a re-shoot and limits my liability to the amount paid by the Client (typically the deposit) under this contract. my limits liability issues and concerns by providing redundant equipment, back up storage and the utilization of staff photographers / videographers when and if necessary.
3. The Booking Fee:
If the date of your shoot is important - secure it. I will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all Booking Fees are non-refundable even if the date is changed or if the shoot becomes cancelled for any reason by the client. A Fee of 50% of the estimate provided is due at booking and no photography / video will take place and no rights are granted until timely payment of the deposit is made.
4. The Fees:
The service fee is the total amount due for the photography and / or video coverage you have specified which covers shooting and basic post production, unless otherwise agreed. Other reasonable charges include travel to your shoot if required. Client will be responsible for expenses incurred while carrying out the process of generating images. These expenses include but are not limited to: an assistant's fee, hotel fees, rental car expenses, rental car fuel expenses, photographer’s and assistants’ meals. The Invoice may reflect, and Client is bound by, oral authorizations for fees and/or expenses that could not be confirmed in writing due to immediate proximity of the creating the images for the commission. While the deposit must be paid as soon as you’re ready to secure your date, all remaining fees must be paid 1 month prior to event or as agreed. Late fee's will be applied at our discretion at 2% of outstanding balance per day that the balance is overdue unless otherwise agreed. After reminders by me have been made to the client and 5 days passed the due date of final balance your date will no longer be guaranteed and you may loose the chance for coverage.
5. Digital Files:
All Commercial Photography is provided as high-resolution digital files. These files are the camera's maximum quality jpeg camera files, unless a requirement for RAW files is specified prior to the shoot. Usage of these files is limited to the PR environment (news, press release, internal corporate communication). Usage of any image / video outside of that environment (for example, advertising, other website use, members of the event, visitors to the event, point-of-sale display etc.) is not covered by that charge and must be negotiated separately. These files cannot be used by a third party source without express written permission and agreement of terms. See corporate pricing.
6. House Rules:
If your shoot is at an official location and they have a “no photography policy” that I have not been informed about then we have a problem! I am limited by the guidelines of official personnel or event site management. The Client agrees to accept the technical results of their imposition on our ability to perform. Negotiation with the officials for moderation of guidelines is The Client’s responsibility.
7. Copyright:
All still and film images remain the property of Dale Lloyd and are protected by copyright. Copyright of images remain with me. Except as otherwise specifically provided in writing, all Photographs, film footage and rights contained therein, including copyright, remain the sole and exclusive properties of Dale Lloyd.
8. Photographer Judgment:
The Client is responsible for sending an authorized representative to the contracted location where I will make Photographs / Video for the Client as agreed. If no representative is present, the Client must accept my judgment as to the creation of the Photographs / Video. Any changes or re-edits or re-shoot will be charged at our hourly rate. See corporate pricing.
9. Liability:
The Client assumes full liability for its principles, employees, agents, affiliates, successors and assigns (including without limitation messengers and freelance researchers) for loss, damage or misuse of the Photographs / Video. Client shall indemnify Dale Lloyd and it’s photographers and videographers against all claims, liability, damages and expenses incurred by Dale Lloyd and it’s photographers and videographers in connection with any third party claim arising out of use of said material hereunder.
10. Model, Music and Property Releases
No model, music or property releases exist on any of the Photographs or Video unless I specifies the existence of such release in writing. The Client will indemnify and defend Dale Lloyd and his photographers and videographers against all claims, liabilities, damages, costs and expenses, including reasonable legal fees and expenses arising out of any use of any of the Photographs or Video for which I furnished no release, or any of the Photographs or Video altered by Client or at the Clients request. Dale Lloyd and his photographers’ and videographers’ liability for all claims shall not, in any event, exceed the fee of one dollar.
11. Digital Storage
Dale Lloyd will not guarantee the storage of any files Photo, Design or Video once the final edits have been made for your approval.
Files will be made available for client viewing on-line but can be removed and deleted at our discretion at any time, if you require me to save your original files please request a quote for ongoing storage, or on-line presence.
All files after 3 months from event date if work not finished due to client non response, will be classed as deleted by us and no longer available to the client.