PAYMENT
a) The Client shall pay Mark Andreani Photography (part of ANDREANI LTD) within the time stipulated in the estimate. The Client shall be responsible for any sales tax due. Time is of the essence with respect to payment. Materials and rights will be not released until full payment for an assignment has been received.
b) Most projects require an advance part-payment of at least 50% of the total fee, with the balance due on the day of the photoshoot. Advances paid to the photographer shall be applied against the total due. Where an assignment necessitates the payment of an advance payment, no firm booking for or commitment to undertake an assignment can be given by Mark Andreani Photography until such payment has been received, and no materials or images will be released, or licenses granted for the use of images, until the balance of any payment due to Mark Andreani Photography has been received.
RESERVATION OF RIGHTS
Unless specified to the contrary in this contract, any grant of rights shall be limited to the United Kingdom for a period of one year from the date of the invoice and, if the grant is for magazine usage, shall be first UK serial ownership rights in photographic materials, which shall include but not be limited to digital files, transparencies, negatives and prints. The Client shall not modify directly or indirectly any of the photographic materials, whether digitally or by any other form or process now in existence or which may come into being in the future, without the express, written consent of the photographer.
VALUE AND RETURN OF ORIGINALS
All film-based photographic materials shall be returned to Mark Andreani Photography by registered post or courier (which provides proof of receipt) within 30 days of the Client’s completing its use thereof and, in any event, within 45 days of the Client’s receipt thereof. Time is of the essence with respect to the return of photographic materials. Unless a value is specified for a particular image either in this contract or on a delivery memo given to the Client by Mark Andreani Photography, the parties agree that a reasonable value for an original transparency is £1,500. The Client agrees to be solely responsible for and act as an insurer with respect to loss, theft or damage of any image from the time of its delivery by Mark Andreani Photography to the Client until the time of receipt by Mark Andreani Photography.
ADDITIONAL USAGE
If the Client wishes to make any additional uses of the photographs, in addition to the uses originally quoted in the estimate, the Client shall seek permission from Mark Andreani Photography and pay an additional fee to be agreed upon.
AUTHORSHIP CREDIT
Authorship credit in the name of Mark Andreani, including copyright notice, shall accompany the photograph(s) when they are reproduced. The credit line should take the following wording: “Photography © Copyright Mark Andreani-Gowen [year of publication] www.markandreani.com.” Where the photographs are used online, a hyperlink to http://www.markandreani.com should be included.
COPYRIGHT & PERMITTED USE BY MARK ANDREANI PHOTOGRAPHY
The Copyright, Design & Patents Act 1988 allows the creator of an image to be identified as such. The Client also acknowledges Mark Andreani Photography’s right to use, and grants permission for Mark Andreani Photography to use, any images created under this contract for Mark Andreani Photography self-promotion, trade, exhibition, or in any other lawful purpose, in all media and in all manners, without any restriction as to changes and alterations. In doing so the Client waives any right to inspect or approve the photograph(s) or any materials that may be created in connection therewith. The Client releases and agrees to hold harmless Mark Andreani Photography, his assigns, licensees, successors in interest, legal representatives and heirs from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of the photographs, or in any processing or digital manipulation tending toward the completion of the finished materials, unless it can be shown that they and the publication thereof were maliciously caused, produced, and published solely for the purpose of subjecting the Client to conspicuous ridicule, scandal, reproach, scorn and indignity. The Client waives any claims he may have based on any usage of the photographs or future works derived therefrom, including but not limited to claims for either invasion of privacy or libel.
EXPENSES
All expenses referred to in the assignment estimate may vary by as much as ten (10%) percent, in accordance with normal trade practices. In addition, Mark Andreani Photography may bill the Client in excess of the estimate for any overtime or which must be paid by Mark Andreani Photography to assistants and freelance staff for a shoot that runs more than eight (8) consecutive hours.
RESHOOTS
If Mark Andreani Photography is required by the Client to reshoot the assignment, Mark Andreani Photography shall charge in full for additional fees and expenses, unless (a) the reshoot is due to Acts of God or is due to an error by a third party, in which case the Client shall only pay additional expenses but no fees; or (b) if Mark Andreani Photography is paid in full by the Client, including payment for the expense of special contingency insurance, then the Client shall not be charged for any expenses covered by such insurance in the event of a reshoot. Mark Andreani Photography shall be given the first opportunity to perform any reshoot.
CANCELLATION
In the event of cancellation by the Client, the Client shall pay all expenses incurred by Mark Andreani Photography up to the point of cancellation and in addition, and shall pay the full fee unless notice of cancellation was given at least 24 hours prior to the shooting date, in which case 50% of the total shoot cost shall be paid. If notice of cancellation is given up to 3 working days prior to the shoot date, no costs other than any expenses (including booking fees, time spent on pre-production or any non-returnable deposits etc) incurred by Mark Andreani are payable by the Client. For ‘weather days’ (days where the shoot must be postponed or cancelled due to adverse weather), the client shall pay 50% of the full fee for that day if Mark Andreani is on location at the time the decision to cancel the shoot is taken, and 33% of the full fee if Mark Andreani has not yet left for the location, at the time of cancellation due to adverse weather only.
RELEASES
The Client shall indemnify and hold harmless Mark Andreani Photography against any and all claims, costs and expenses, including legal fees, due to uses for which no release was requested or uses which exceed the uses allowed pursuant to a release.
SAMPLES
The Client undertakes to provide Mark Andreani with two samples of the finished materials for which the photography was commissioned.
ASSIGNMENT
Neither this assignment nor any rights or obligations hereunder shall be assigned by either of the parties, except that Mark Andreani Photography shall have the right to assign monies due hereunder. Both the Client and any party on whose behalf the Client has entered into this Agreement shall be bound by this Agreement and shall be jointly and severally liable for full performance hereunder, including but not limited to payment of monies due to Mark Andreani Photography.
ARBITRATION
All disputes shall be settled in accordance with the laws of England and Wales. Judgement upon any arbitration award may be entered in any court having jurisdiction thereof.
MISCELLANY
The terms and conditions of this Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives; this Agreement constitutes the entire understanding between the parties; its terms can be modified only in writing and in a document signed and agreed to by both parties, except that the Client may authorize additional fees and expenses orally; a waiver of a breach of any of its provisions shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof; and the relationship between the Client and Mark Andreani Photography shall be governed by the laws of England and Wales.
