AGREEMENT – This agreement between Ysa Adams dba Incite Photography (hereafter “Photographer”) and the undersigned client (hereafter “Client”) governs the assignment described in the accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning that assignment.
ESTIMATES and PROPOSALS – The fee(s) quoted by the Photographer are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses which may be greater or less, will be invoiced. Sales tax is not included in the estimate. Any applicable sales tax will added at the time of invoice.
DEFINITIONS – “Editorial” use is when the client publishes the Photograph/s in their own publication, for the purpose of educating and/or conveying news, information or fair comment opinion, and which does not seek or accept sponsorship to promote a product, person, service or company. “Publicity” use is when the Client submits photographs to an outside publication (whether print or electronic) for editorial use and the Client (or their Client) is not paying for that use. “Advertising” use is when the Client (or their Client) is paying for the placement of a photograph in whatever media it appears, such as in a newspaper, magazine, billboard, or report, brochure, pamphlet, poster, or website, and whose audience is employees, customers, shareholders, or the general public. “Public Display” use is when a Photograph is hung in Client maintained space, open to public viewing, and the Client is not paying for the placement of the Photography/display. “Private Display” use is when a Photograph is hung/displayed in private space, closed to public viewing. “Photograph/s” are images created as part of the project as agreed to by the Photographer and Client.
PAYMENT – Photographer accepts credit card and company checks for payment. Invoices and processing are managed via PayPal and Square. Client shall make payment according to the terms on the invoice. Late payments will be billed a $20.00/month handling fee and 5%/month interest. A 50% retainer is required to schedule, hold any booking, and initiate creative. Applicable sales tax is not included in the estimate, but will be applied to final invoice. Please make any checks payable to the Photographer.
COPYRIGHT – All of the Photographs created by the Photographer (both moving and still) and their copyright are the sole and exclusive property of the Photographer. Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full. Photograph(s) in any layout or concept shall not constitute a Joint Work.
ADDITIONAL USAGE – If Client wishes to make any additional uses of the photographs not covered in the initial agreement, Client shall obtain permission from the Photographer and pay an additional fee to be agreed upon.
CANCELLATIONS, WEATHER, POSTPONEMENTS – In the event of a cancellation or postponement of a shoot by the Client or due to weather, Photographer will retain paid retainer. If a shoot is cancelled within 24 hours of departure for the shoot, Client shall also pay 50% of the fees of any subcontractors booked for the job and included in the agreement
CLIENT REPRESENTATION – The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer’s interpretation of the assignment. If a Client representative is not present, the Photographer’s interpretation shall be deemed acceptable.
INDEMNIFICATION – Client hereby indemnifies and holds the Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client’s use of Photographer’s work. The photographer similarly indemnifies and holds Client harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from the Photographer’s negligence.
AUTHORSHIP CREDIT – A credit in the name of ‘Ysa Adams / Incite Photography’ shall accompany the Photographs whenever practical.
TEAR SHEETS – Client will provide Photographer with a courtesy printed copy or PDF of any publication where the Photographs appear.
POST PRODUCTION IMAGE PROCESSING – Post production image processing will be supplied at a per project fee. Included in post production will be a single pass retouch (standard clean up, proper color correction, verticals and exposure adjustment, and enhancement of each images as well as the rendering and layering of all the exposures and lighting scenarios that take place on the shoot). If additional Photoshop work is requested that falls outside of this spectrum, additional post production fees may apply.
TURNAROUND TIME – Standard turnaround time for the completion and delivery of the project is 3 – 5 business days (realty turnaround is 2 business days unless shown otherwise in the agreement). If expedited image processing is requested, it can be supplied for an additional post production fee of 10% of the project rate.
EXPIRATION – Proposals are valid for 15 days unless agreement is signed by both parties.
LIMIT OF LIABILITY- In the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to arrange for a replacement.
Copy of Photographer’s proof of insurance provided upon request.