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TERMS AND CONDITIONS

 

 

[1]DEFINITIONS
In cases where the Photographer's client is not a direct client (e.g. an agency), all references in this agreement to “Client” shall be interpreted as references to the agency.

[2] COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer at all times, worldwide.

[3] LICENSE TO USE AND EXCLUSIONS
The License to use images only applies to the Client(s) as agreed at time of order: its benefit shall not be assigned to any third party without the Photographer's permission/prior agreement. The License to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without the Photographer's express permission.

[4] STORAGE OF IMAGES
Photographer will stored delivered photos for 90 days after delivery. Photographer has no obligation to retain or archive any of the Images after said period to Client via ftp download link.

[5] CLIENT'S REPRESENTATIVE TO ATTEND
Client is responsible for sending an authorized representative to the assignment. If no representative is present, Client is obligated to accept Photographer's judgment as to the acceptability of the Images. Images may not be rejected on the basis of style or composition.

[6] PAYMENT
Client shall make payment upon finishing of the shoot. Late payments will be billed a $25.00/month handling fee and 1.5%/month interest.

[7] RELEASES/ CLEARANCE
The Client shall be responsible for obtaining any required clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. Unless delivered to Client by Photographer, no model or property release exists, and it is Client's responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Photographer. 

[8] CANCELLATION/ POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement.

Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the commission, plus 50 percent of Photographer's fee; however, if notice of cancellation is given less than 24 hours business days before the shoot date, Client will be charged 75 percent fee.

Postponements: Agreed in writing at Photographer and Client's discretion. 

[9] BAD WEATHER
Bad weather reshoot terms may be organized with the photographer in advance.

[10] RETOUCHING
Reproduction files include basic clean-up (color correction, compositing, spotting, blemishes removed) and standard post-production. Any additional retouching requested by the Client (or Agency) beyond the scope of the Estimate above will be quoted on a case-by-case basis.

[11] EXTENSIONS TO ESTIMATES

Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer's normal rate to the Photographer in addition to the expenses as having been agreed or estimated.

[12] AUTHORSHIP CREDIT
All published usages (in print or on the worldwide web) of images will be accompanied by a written credit to Photographer in reasonable proximity.

[13] ASSUMPTION OF RISK
Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.

[14] INDEMNIFICATION 

Client (and/or Agency) hereby indemnifies and holds Creator harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client’s (or Agency’s) use of the Work.

[15] APPLICABLE LAW
This agreement shall be governed by the laws of United States of America..

[16] VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.


Mario Peixoto Photography 2016