Terms & Conditions

Agreement

This agreement between the above referenced photographer (herein “PC”) and the undersigned client (herein “Client”) governs the project described in the accompanying estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties. The Fees and Expenses are based on the Job Description as presented by the Client and summarized in the estimate.

Definitions

In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency“ and “the Client” shall be interpreted as references to the Photographer’s Client. For the purpose of this agreement “The Photographer” will mean Paul Carricaburu. And shall where the context so admits include their respective assignees, sub-licensees and successor in title. “Photographs” and “Work/s” means all photographic material furnished by the Photographer. All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable. Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorized to do so.

Deliverables 

Client has reviewed portfolio images and accepts image composition quality and the documentary and artistic value of images photographed by the Photographer. The Photographer will charge 100% of his fees, charges, and expenses on any reshoot requested by the Client. The Client shall hold the Photographer harmless in any disputes arising from these issues.

Rejection

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

Payment

A negotiable deposit is required to initiate production. Client shall make payment within 10 business days of invoice. Late payments will be billed a $120.00/month handling fee and 1.5%/month interest. Applicable sales tax is not included in the estimate but will be applied to the invoice.

Copyright

The Photographer retains the entire copyright in the images at all times, throughout the world unless specific agreements for copyright purchase by the client are agreed in writing. Where reproduction of photographs has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.

Right to Credit

The License to Use requires that the Photographer’s name ‘Paul Carricaburu’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s) e.g. press feature, online editorial feature. The client is not required to include a credit next to images used on their own website or marketing literature. Crediting the photographer on social media platforms alongside images is not strictly required but is always appreciated. The photographer also asserts his statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

Licensing Usage

The License to Use comes into effect from the date of payment of the relevant invoice. No use may be made of the Photographs before payment in full of the relevant invoice without the Photographer’s express permission in writing. Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be made with the Photographer before the Photographs may be used for other purposes outstanding those granted in the license agreement. Where uses of an image are made which breach the license to use further charges will be made. Any reproduction rights granted are by way of license only and no partial or other assignment of copyright shall be implied. Supply to Third Parties requires a secondary license agreement and the fees as stated in the  agreement.

Exclusivity

The Photographer's Standard License Agreement grants perpetual non-exclusive usage for all photographs, def. A longer exclusivity period can be negotiated if required. The Photographer retains the right to use the photographs for the purpose of promotion and marketing of his business under all licensing situations unless special circumstances apply.

Client Confidentiality

The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission.

Privacy

PC will only collect and otherwise access information you voluntarily provide via email or through other direct contact. PC will not sell or otherwise distribute this information to any other individual or entity. Please refer to the full privacy policy linked through the website for full details.

Promotion and Publication

Within the estimate, The Client may give PC consent to further promote their work and organization through publication, print, and photography exhibition. The Client may also opt out and retain the right to maintain confidentiality. Unless otherwise expressed, the Client grants the Photographer permission to exhibit and/or display selected images resulting from this assignment as an example of the Photographer’s work and release all claims to profits that may arise from use of images.

Indemnity

Client hereby indemnifies and holds PC harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client’s use of the Work.

Cancellations, Weather & Postponements

In the event of a cancellation or postponement of a shoot by the Client at any time after shoot confirmation/award, Client shall pay all expenses incurred by PC up to the time of cancellation, plus a fee equal to 25% of all Creative and Licensing fees quoted above. If a shoot is canceled within one week of confirmed shoot day, Client or Agency shall pay up to 50% of Creative fees, Licensing fees and Expenses quoted above. If a shoot is postponed due to weather, Client will be responsible for all Expenses incurred on each Weather Day, plus a PC fee to be agreed upon.

Force Majeure

Neither PC or Client shall be liable for failure of either party’s obligations caused by any circumstances beyond reasonable control, including but not limited to acts of God, epidemics, pandemics, floods, riots, fires, civil unrest, acts of war or terrorism, or failure of energy sources.

Post Production

Work will be delivered in a timely fashion, within a mutually agreed upon schedule. Any additional retouching requested by the Client beyond the scope of the estimate above will be quoted on a case-by-case basis.

Manipulation

Unless expressed explicitly in the licensing agreement, no alterations or manipulation of the Photographs may be made without the permission of the Photographer.

Prints

Client grants the Photographer permission to display selected images resulting from this assignment as an example of the Photographer’s work and release all claims to profits that may arise from use of images.