Terms & Conditions for all photographic assignments
All photographic material furnished by James D. DeCamp hereunder, whether they be digital images, transparencies, negatives, prints, multimedia presentations, videos, movies, digital files, or otherwise similar artifacts produced by James D. DeCamp is hereinafter referred to as the “Work”. This agreement incorporates by reference: Article 2 of the Uniform Commercial Code, and the U.S. Copyright Law of 1976, as amended.
1. Payment. Client shall pay James D. DeCamp within thirty days of the date of James D. DeCamp’s billing, which shall be dated as of the date of delivery of the Assignment. The Client shall be responsible for and pay any sales tax due. Time is of the essence with respect to payment. Overdue payments shall be subject to a $25.00 late fee and interest charges of 2.5% percent monthly and no rights to the Work is granted to the Client until timely payment is made in full.
2. Advances. Prior to James D. DeCamp’s commencing the Assignment, Client shall pay James D. DeCamp the advance shown on the front of this form, if any, which advance shall be applied against the total due.
3. Reservation of Rights. Unless specified to the contrary on the front of this form any grant of rights shall be limited to the United States for a period of one year from the date of the invoice and, if the grant is for magazine usage, shall be first North American serial rights only. All rights not expressly granted shall be reserved to James D. DeCamp, including but not limited to all copyrights and ownership rights in photographic materials, which shall include but not be limited to the Work. Client will not make or permit any alterations, additions, or subtractions in respect of the Work, including without limitation any digitization or synthesization of the Work, alone or with any other material, by use of computer or any other method or means now or hereafter known without specific written permission of James D. DeCamp.
4. Value and Return of Originals. All Work shall be returned to James D. DeCamp by registered mail or bonded courier (which provides proof of receipt) within thirty days of the Client’s completing its use thereof and, in any event, within 30 days of Client’s receipt thereof. Time is of the essence with respect to the return of the Work. Unless a value is specified for a particular Work either on the front of this form or on a Delivery Memo given to the Client by James D. DeCamp, the parties agree that a reasonable value for an original Work is $2,500. Client agrees to be solely responsible for and act as an insurer with respect to loss, theft, or damage of any Work from the time of its shipment by James D. DeCamp to Client until the time of return receipt by James D. DeCamp.
5. Additional Usage. If Client wishes to make any additional uses, Client shall seek written permission from James D. DeCamp and pay an additional fee to be agreed upon.
6. Authorship Credit. Authorship credit in the name of James D. DeCamp, including copyright notice if specified by James D. DeCamp, shall accompany the Work(s) when it is reproduced or viewed, unless specified to the contrary on the front of this form. If required authorship credit is omitted, the parties agree that liquidated damages for the omission shall be three times the invoiced amount.
7. Expenses. If this form is being used as an Estimate, all estimates of expenses may vary by as much as ten (10%) percent in accordance with normal trade practices. In addition, James D. DeCamp may bill the Client in excess of the estimates for any overtime which must be paid by James D. DeCamp to assistants and freelance staff for a shoot that runs more than eight (8) consecutive hours.
8. Reshoots. If James D. DeCamp is required by the Client to reshoot the Assignment, James D. DeCamp 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 James D. DeCamp is paid in full by the Client, including payment for the expense of special contingency insurance, then Client shall not be charged for any expenses covered by such insurance in the event of a reshoot. James D. DeCamp shall be given the first opportunity to perform any reshoot.
9. Cancellation. In the event of cancellation by the Client, the Client shall pay all expenses incurred by James D. DeCamp and, in addition, shall pay the full fee unless notice of cancellation was given at least 48 hours prior to the shooting date, in which case fifty (50%) percent of the fee shall be paid. Weather postponements: Unless otherwise agreed, Client will be charged 100% fee if postponement is due to weather conditions on location and 50% fee if postponement occurs before James D. DeCamp’s departure to shoot location.
10. Releases. The Client shall indemnify and hold harmless James D. DeCamp against any and all claims, liability, damage, costs, and expenses, including reasonable legal fees, due to uses for which no release was requested or uses which exceed the uses allowed pursuant to a release.
11. Samples. Client shall provide James D. DeCamp with two copies of any authorized usage.
12. Assignment. Neither this Agreement nor any rights or obligations hereunder shall be assigned by either of the parties, except that James D. DeCamp shall have the right to assign monies due hereunder. Both Client and any party on whose behalf 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 payments of monies due to James D. DeCamp.
13. Arbitration. This Agreement shall be construed for all purposes pursuant to the laws of the State of Ohio. Client and James D. DeCamp agree to arbitrate any claim, dispute, or controversy arising out of or in connection with this Agreement, or any breach thereof, before an agreed-upon arbitrator in the city of Columbus, Ohio, or, if no arbitrator can be agreed upon, before the American Arbitration Association, under its rules. Any dispute involving $3,000 or less may be submitted without arbitration to any court having jurisdiction thereof. Client shall pay all arbitration and court costs, reasonable legal fees and expenses, and legal interests on any award or judgement in favor of James D. DeCamp.
14. 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 by an instrument in writing signed by both parties, except that the Client may authorize additional fees and expenses orally for which could not be confirmed in writing because of immediate proximity of shooting; 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 James D. DeCamp shall be governed by the laws of the State of Ohio.
15. Failure of Due Payment. All accounts more than 30 days past due are subject to a $25.00 service fee plus a finance charge of 2.5% per month until balance is paid in full. James D. DeCamp is the sole holder of all rights of the photographs and media contracted herein. Usage specifications listed above convert to copyright license only upon receipt of payment in full unless otherwise noted. The sale is subject to all the terms and conditions included in this document.
16. Terms Specific to Estimates. All quotes via phone, e-mail or FAX are not final until all elements of the job are presented to the studio to confirm that no other work is required. Any additional work, changes in material, quantity, quality, rights granted or turn around time will change the final quote. All expense estimates are subject to normal trade variance of 15%. Usage specifications listed above convert to copyright license only upon receipt of payment in full. Advance payments, if specified, must be made at least 48 hours prior to assignment commencement. The sale is subject to all the terms and conditions included in this document. If the Client orders the performance of any of the services required to complete the above described assignment, that act constitutes your acceptance by conduct of the terms of both pages of this estimate in their entirety, whether signed by you or not.