terms of use

COMMISSIONS ACCEPTED AND RIGHTS LICENSED, ARE SUBJECT TO TERMS AND CONDITIONS
BELOW.

Definitions: "Photographer" refers to author of the photograph(s) and owner of the copyright in
the work. "Client" refers to the commissioning party, named on the face of this form as Client,
and its representatives. "Creative Fee" is for the initially agreed-upon Copyright use and the
estimated time booked for the "shoot." "Experimental Fee" is a day-rate for creative work which
Client may use for "in-house" consideration only. "Contingency Day Rate/CDR" is for time
other than that estimated for the "shoot." It is the "fee base" for travel, "prep," "strike," research,
planning, consultation, etc., as well as for delays or postponements caused by weather, Client
and/or other contingencies. "Production Charges" is a "Fee" which is Calculated as a percentage
of the invoice total. "Expenses" refers to all job-related costs including reasonable charges for the
use of material(s), props, special facilities and special equipment owned by Photographer.

FEES AND EXPENSES: Expenses are payable in addition to Fee(s). Quoted Fees and
expenses apply to the original layout and job description only. Additional compensation may be
required for any subsequent changes, additions or variations requested by Client.

Client Approval: Client is responsible for the presence of its authorized representative at the
"shoot" to approve Photographer's interpretation. If no such representative is present, Client shall
accept Photographer's interpretation. Client is bound by all approvals by its representatives.

Overtime Rates for Photographer, Photographer's staff, and freelance assistants is one and
one-half times their hourly rate. These Rates are payable for work done after 8 consecutive hours
in one day and/or for hours between 6PM and 8AM. For this calculation only, Photographer's
hourly rate is 20% of the CDR.

Holidays and Weekends: A surcharge of 50% on Photographer's fee is payable for work done
on Saturdays. The surcharge for Sundays and Holidays is 100%. These surcharges are also
payable on the day-rates of studio staff and freelance assistants.

Cancellations and Postponements: If Client cancels a commission without a prior agreement
in writing, Client shall pay 100% of Photographer's Creative Fee, except if Client cancels with
less than two business days prior, Client shall pay 100% of Photographer's Creative Fee.
Client shall also pay Expenses and other Fees which have been incurred for the commission. If
Client postpones a "shoot," Photographer shall be paid the CDR for each postponed day.

Reshoots: If before being delivered to Client the film from the shoot has been lost or is
unusable because of defect, damage, equipment malfunction, processing or other technical error,
Photographer shall reshoot without additional Fee, and Client shall pay all expenses for the
Reshoot.

License of Rights: The right to use any Copyright is conditioned on receipt of payment in full,
and on use by Client of a prescribed copyright notice on all copies of Photographer's work.
Unless otherwise agreed, the scope of this license is expressly limited to the purposes described
above. Any Copyright not specifically licensed in writing and signed by Photographer or
Representative is reserved to the Photographer. Client may not assign or otherwise transfer this
license, or any rights or obligations under this License.

Copyright Notice/Credit Line: If non-editorial: The Copyright Notice shall contain: (1) an
appropriate name; and (2) ©; and (3) the year-date of first publication. If editorial, or editorial-
style: the Copyright Notice also serves as the agreed-on Photographer Credit Line. A Credit Line
containing: (1) Photographer's name; and (2) ©; and (3) the year-date of the, shoot" (in type no
smaller than that of related text) must appear adjacent to or within the photograph(s) or invoiced
fee is tripled.

Indemnity: Client shall indemnify and hold Photographer harmless against any and all claims
and expenses, including reasonable counsel fees, arising from Client's use of Photographer's
work; and Photographer's reliance on, or use of any instruction or assurance or material provided
or approved by Client.

Invoices are payable upon receipt; 5% per month is payable on any balances unpaid after 30
days.

Return of Photographs: Client assumes all risk for all photographic material(s) delivered by
Photographer from time of receipt by Client to time of receipt by Photographer. All sales are final.

Loss or Damage: In case of loss or damage, Client and Photographer agree that the reasonable
value of original transparencies or negatives produced on commission is $1500 each, or triple the
total of the Invoice, whichever is less, plus the amount of any sales tax then due. At any time
after 30 days of first publication, in the event of failure to return photographs, Photographer shall
have the right to demand immediate payment in full of this amount. i shoot babeis damanged at delivery, items non-refundable
but will be replaced once damaged items are returned

Miscellaneous: Client shall provide to Photographer 3 free copies of each use of
Photographer's work by date of first publication. Neither Photographer nor Representative can
grant rights on behalf of third parties. Any sale of photographic material(s) requires separate and
signed "Bill of Sale." This agreement shall be interpreted in accordance with the laws of the state
of Georgia.