Jordan Wise & Company are so excited to get started! Before we do, we need to get the extra fun stuff out of the way. And by that, we mean the legal forms. Please read, make sure everything is in order, and sign! (If you have not yet discussed your project with Jordan, please contact her first to ensure dates are available.)
JORDAN WISE & Co PHOTOGRAPHY LEGAL AGREEMENTS
1) AGREEMENT - This agreement between the undersigned photographer (hereafter “Photographer”) and the undersigned client, (hereafter “Client") governs the assignment described in the accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning that assignment.
2) ESTIMATES - The fees quoted by the Photographer are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. Presented expenses are estimates. Actual expenses, which may be greater or less, will be invoiced.
3) DEFINITIONS - “Publicity” use is when the Client submits photographs to an outside publication (whether print or electronic) for editorial use and the Client (or their client) is not paying for that use. “Advertising” use is when the Client (or their client) is paying for the placement of a photograph in whatever media it appears, such as in a newspaper, magazine, billboard, or website. “Internal Collateral” use is when the photographs appear in a publication that the Client produces, such as a magazine, brochure, pamphlet, poster or web site, and whose audience is limited to the Client’s employees. “External Collateral” use is when the photographs appear in a publication the Client produces, such as an annual report, magazine, brochure or web site, and whose audience is customers, shareholders, or the general public.
4) PAYMENT TERMS - Client is responsible for paying a %50 deposit to secure the date which will be deducted from the total amount. Client will be sent invoice the day that the date is booked. The final amount is due within 30 days of the final day of shooting. Payments must be made to Jordan Wise. Photography will be charged by the amount of time at the shoot. A Day Rate is 6-7 hours. An hour is an hour including set up.
Late payments will be billed a $20.00/month handling fee and 1.5%/month interest, unless communicated to said photographer before or at the time of the signing of this agreement.
5) IMAGES AND COPYRIGHTS - Photographs/images produced by Jordan Wise are protected by Copyright Law (all rights reserved). Upon final payment by clients, clients are allowed to display resulting images for personal and commercial use. Said images may not be altered or reproduced in any manner without prior written permission of Jordan Wise. Clients will receive a high resolution Digital Delivery with printing rights. Clients must obtain written permission from Jordan Wise prior to the clients, their associates, friends or relatives selling the photographs.
6) ADDITIONAL USAGE - If Client wishes to make any additional uses or modifications of the photographs not covered in the initial agreement, Client shall obtain written permission from the Photographer and agrees that there may be an additional fee to be agreed upon.
7) CANCELLATIONS OR POSTPONEMENTS - In the event of a cancellation or postponement of a shoot by the Client or photo subject, Client shall pay all expenses incurred by the Photographer up to the time of cancellation, plus a fee to be agreed upon. If a shoot is canceled within 24 hours of departure for the shoot, Client shall also pay 50% of the anticipated photographic fee and 100% of the anticipated fees of any subcontractors booked for the job.
8) CLIENT REPRESENTATION AND MODEL RELEASE - Client is responsible for the presence of an authorized representative at the shoot to approve Photographer’s interpretation of the assignment. If Client representative is not present, the Photographer’s interpretation shall be deemed acceptable. The Client hereby grants to Jordan Wise and all associates, the irrevocable and unrestricted right to use and publish photographs of the clients or in which the clients may be included, for editorial, trade, advertising or any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. The clients hereby release Jordan Wise and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to Jordan Wise & Co.'s use of said images. Said images will be used only after Client has had sufficient time (2 weeks unless specified) to promote images.
9) INDEMNIFICATION - Client hereby indemnifies and holds Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client's use of Photographer's work. The Photographer also indemnifies and holds Client harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Photographer’s negligence.
10) AUTHORSHIP CREDIT - A credit in the name of Jordan Wise shall accompany his/her photos. When publishing the photos socially or commercially via Social Media Channels, @jordanwise.co should noted as the photographer in the text, as well as tagged in the photograph, where appropriate.
11) TEAR SHEETS - Client will provide Photographer with a printed copy and/or link of any publication his/her photos appear in.
12) TURN AROUND TIME – Normal schedule for web photo gallery or processed JPG files is 21 business days plus any retouching. There is a 30% additional charge for a 14 day turnaround service. (If only a few are needed for press deadlines, contact me and we will work out a rush charge for the amount of photos that need a RUSH.)
13) RETOUCHING – Post-processing of photos include basic cleanup (color correction, toning, removal of simple blemishes) in the file charge. Any additional retouching requested by the Client will be billed at 150.00 per hour.
14) EXPIRATION – Photography estimates are valid for 90 days from the signing of this agreement unless otherwise negotiated by both parties.
15) TRAVEL & ACCOMODATIONS — Upon signing of this form, Client is responsible for Travel Expenses and Accomodations if the commute to shoot location is over 100 miles. Client is responsible for solely Travel Expenses when commute is less than 100 miles.