Commercial Photography Services Agreement
These are the terms and conditions we accept photography contracts under. We assume you have read through and agree to all terms below when you hire Commercial Photography UTAH for your photography needs. If there is anything you disagree with, or need modified, please let us know prior to us commencing work on your project.
Commercial Photography UTAH
5875 Walden Ridge Drive, SLC, UT 84123
Terms for Commercial Photography
For the purpose of this agreement “the Agency” “the Broker” and/or “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. 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 the Author of the Photograph, Commercial Photography UTAH and/or Dave Koch. And shall where the context so admits include their respective assignees, sub-licensees and successor in title. “Photographs”, “Images”, and “Works” means all photographic material furnished by The Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.
All contracts verbal or written are only accepted on the basis that the Terms and Conditions of The Photographer are the only ones applicable. Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by The Photographer. Where time is of the essence The Photographer entirely at its own discretion may accept an instruction given orally, in this event The Photographer shall accept no liability for any error in executing the order. 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. When a Client’s policy is not to rely on email confirmations, hard-copy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
Scheduling and Contact Information
Requests for photography appointments should be submitted via email to [email protected] or via the Contact Form on the Commercial Photography UTAH website with as much detail as possible. We will reply back within 24 hours to verify the date, time and location of the shoot. Next day orders are difﬁcult to schedule, cannot be guaranteed and are subject to an additional charge. Once both parties have acknowledged the date and time of the appointment, the appointment will be considered “booked”, and the terms of this document are considered agreed to and enforceable.
At the Shoot
The Client is responsible for the presence of an authorized representative at the shoot to approve and/or direct Commercial Photography UTAH’s interpretation of the project. The Photographer will work at all times within the brief and instructions of The Client, but may need to make his own interpretations as to how to accomplish those instructions. If a Client or Brokerage representative is not present and no or limited direction are given The Photographer, The Photographer’s interpretation shall be deemed acceptable and final.
The Photographer will make a reasonable effort to remove distractions, litter, stray objects, etc. from the rooms; however The Client and not The Photographer will be deemed ultimately responsible for dressing the sets. The Photographer assumes that the objects to be photographed are photo ready when he arrives, and cannot be held responsible for dressing or policing the set. (Some editing may be done after the fact via Photoshop, at additional charge and subject to The Client’s direction and approval. R\E Photography UTAH does not guarantee the acceptability or usability of such editing.)
The Client is expected to have the property staging and cleaning completed prior to the photo shoot; if after the completed shoot the client determines a reshoot is required because of the properties lack of readiness, that second shoot will be billed at our full rate. If The Photographer is kept waiting or asked to return to bring the property to a state of readiness, additional charges as outlined on our site will apply.
After the Shoot – Deliverables
Once the images have been made, The Photographer will perform digital retouching and deliver the still photos as follows, unless otherwise speciﬁed.
- Day 1 – Shoot Day
- Day 10 – Proofs of Photos delivered by 8pm, subject to client notes or changes
- Day 14 – Photos delivered by 8pm
- Day 14 – Proofs of Video or Tour, subject to client notes or changes by 8pm
- Day 21 – Video or Tour by 8pm
Delivery is via a DropBox, Google download or similar image download service link sent to the email address(es) you supply. All images will be delivered in this format: JPG images sized 4000px on long side 72 dpi; additional sizes & crops available on request.
WE DO NOT DELIVER RAW OR UNEDITED FILES. Nor do we supply every image shot unless prior arraignments are made.
Images will be available for download for a maximum of 30 days from delivery; requests for downloads after 30 days may incur additional costs, or may no longer be available at all. PLEASE SAVE YOUR IMAGES AFTER DELIVERY. This delivery and notice via e-mail shall be deemed completion of this contract in full by The Photographer. A USB thumb drive can be provided for an additional fee.
Cancellation, No-Show and Inclement Weather Policy
If cancellation or re-scheduling is necessary, please do so with a minimum of 24 hours notice to avoid cancellation fees. Any shoot canceled within 24 hours of a booked appointment is subject to a $75 Cancellation Fee. If The Photographer must wait longer than 1/2 hour (30 minutes) after that set time at a site for it to be prepared (or to be let into the property), Commercial Photography UTAH add a 25% fee; if The Photographer must wait an hour, 50%; two hours or longer, or if the shoot is entirely canceled, a 100% fee will be assessed. Commercial Photography UTAH reserves the exclusive right to kill the shoot after one hour or more of waiting, at our sole digression. Late or cancel/kill fees must be paid in full before new date will be scheduled. Every effort will be made to accommodate a rescheduling.
If the weather is inclement, The Photographer will continue with all indoor shooting, and reschedule exteriors for the next clear day. There is no penalty for weather delays.
Alteration of Images
Unless prior agreement is reached and an additional license paid for in advance, THE CLIENT will have no rights to alter images except in regard to size and crop of full size image as furnished by Commercial Photography UTAH. THE CLIENT has no right to alter, change, edit, add to (or subtract from) or create derivative works from the original (whether minor or transformative in nature).
Commercial Photography UTAH retains the entire copyright in the Photographs and Works at all times, throughout the World and w here reproduction of Works has taken place and settlement has not been made, Commercial Photography UTAH will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
Rights and Usage
All rights to the images remain with Commercial Photography UTAH until full and valid payment is made. Only after Commercial Photography UTAH‘s receipt of full and valid payment will all images delivered to The Client may be available to be used under the terms of the license, to the fullest extent allowed under the terms of CLIENTS license, and for the term specified in the agreement. Additional rights may be granted to the Client for additional fees, but such rights must be spelled out in writing in a specific Licensing of Rights document.
Commercial Photography UTAH retains full copyright and intellectual property rights to all images delivered to Client, and license is granted only to the Client, and not to any third party. Licensing to The Client is non-transferable unless specifically addressed in an additional Licensing of Rights document executed by Commercial Photography UTAH. Any usage of the images by a third party, including but not limited to, architects, builders, stagers, designers, sellers or buyers, with or without the permission of The Client is strictly prohibited. The Client is specifically prohibited from sharing any images, and is mandated to refer any inquiries from third parties for usage to The Photographer.
Ownership of Materials
Title to all Photographs remains the property of Commercial Photography UTAH. When the License to Use has expired the Photographs must be returned to The Photographer in good condition within 30 days and any archived digital files destroyed. Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.
Charges billed to The Client are for The Photographer’s time, expertise and work in preparing for, shooting and editing the assignment, and for licensing of those images; The Client is NOT purchasing the actual images, but paying for the licensing of those images and the work and costs to create them. Invoice is due and payable on receipt, and we invoice on delivery of images. Unless other and prior arraignments are made, Commercial Photography UTAH considers invoices overdue at 30 days, and grossly overdue at 60. Invoices overdue after 60 days will be charged an additional 1 ½ percent interest per month from day 61, compounded monthly or part thereof for each 30 day period overdue, backdated to invoice date. Should an invoice be referred to collections, an additional 30% will be added to the total billing to cover collection costs. Additionally, reasonable collection costs, attorney fees and court costs incurred by Receivables Management Services (RMS) may be added to the final amount due. Licensing of images may be suspended or revoked if accounts are grossly overdue or in arrears at Commercial Photography UTAH‘s discretion. Client will be charged a minimum of 100 dollars per day per image if images are used out of the scope of licensing.
Failure to Perform
If Commercial Photography UTAH cannot perform this agreement in whole or in part due to a cause beyond the control of the parties, changing of details that no longer fit with The Photographers’ originally agreed terms or due to The Photographer’s illness or injury, then Commercial Photography UTAH will return all fees to the client(s) but shall have no further liability with respect to this Agreement. This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements.
In case of failure to faithfully perform the terms and covenants herein set forth, The Client shall pay all costs, interest, expenses, and reasonable attorneys’ fees resulting from the enforcement of this agreement or any right arising out of such breach.
If you are not satisfied with your photos, your first remedy is to let Commercial Photography UTAH know the specific reasons for your displeasure, and allow Commercial Photography UTAH to make the images conform to your wishes. This may include a re-edit or reshoot, at Commercial Photography UTAH‘s discretion. If the property is reshot, you agree to make the property available in a timely manner.
If Commercial Photography UTAH still cannot produce images to your satisfaction, your sole remedy is to be refunded up to half of the total price paid for the package. In the event of a refund, every, all and full rights (whether actual, implied, written or verbal) revert to Commercial Photography UTAH. On claiming this resolution, Client surrenders all rights or claims to all images, will immediately remove any and all image from use (at their expense) and may not use any images for any purpose going forward. Any deposit is non-refundable. In the event of an emergency, equipment failure or other unforeseen circumstance, Commercial Photography UTAH will return any money given up to that point but claims no further liability.
WAIVER AND INDEMNIFICATION
Client and it’s agent’s, family members and assignee’s, if any, shall indemnify, and hold harmless, The Photographer, Commercial Photography UTAH and DAVE KOCH from any and all claims for damages arising out of the performance of any of the services contemplated by this Agreement with the exception of intentional or illegal acts.
Upon engaging Commercial Photography UTAH, the parties agree that they fully understand and will be bound only by the terms above. Any other terms must be agreed to in writing. Otherwise, the above terms will be considered the consolidated, exclusive terms between the parties.