DEFINITIONS

The “Photographer” means Jordan Hile Photography and its respective successors and permitted assignees.

The “Client” is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party); or whose premises are being photographed.

“Photographs” means all photographic material furnished by the Photographer; whether transparencies, negatives, prints, digital files, or any other type of physical or electronic material.

Final Images to client

Client has reviewed images and accepts image composition, quality and the documentary and artistic value of images photographed by the Photographer or those working on the behalf of the Photographer and accepts the results on an as is basis. The Photographer will charge 100% of his fees, charges, and expenses on any re-shoot requested by the Client. The Client shall hold the Photographer harmless in any disputes arising from these issues.

PAYMENTS, FEES AND CHARGES

The Client shall pay all expenses referred to within the contract or quotation. The Client shall pay invoices upon receipt unless otherwise specified in writing, with agreement from the Photographer. There will be additional charges for any additional services and costs rendered or incurred for performance. All assignments where the total cost estimate exceeds $5000.00 require payment 20% of the fees before commencement. Full payment is otherwise required within 30 days of receipt of the relevant invoice unless otherwise specified by the Photographer.

No use may be made of the Photographs until payment in full is received, without the express written permission of the Photographer.

ALTERATION

No alteration or manipulation of the Photographs may be made without the permission of the Photographer.

EXHIBITION

The Client grants the Photographer permission to display selected images across web, social media and other platforms 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

The Photographer shall not be liable for any legal action, claims and/or damages resulting from or arising out of the publication of the Photographs or any other use by the Client. The Client shall indemnify the Photographer against any claims and/or damages against him including reasonable counsel fees arising from the Client’s use of the Photographs and the Photographer’s use of the materials on the instructions of the Client.

LIMIT OF LIABILITY

The Photographer takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that Photographs have been lost, stolen, damaged or destroyed for reasons within or beyond the Photographer’s control, the Photographer’s liability is limited to the return of all payments received for the Photographs.
The limit of liability for a partial loss of originals shall be a prorated amount of the Photographs lost based on the percentage of total number of originals.

The Client accepts full responsibility for any materials they supply for use in the Photographs and that the materials supplied are insured against loss, damage or liability.

CANCELLATION AND POSTPONEMENTS

The Client is responsible for payment of all expenses incurred up to the time of the cancellation. In addition, the Photographer shall at his discretion be entitled to charge a cancellation fee equal to 20% of the Photographer’s fees. If notice or cancellation is given less than 48 hours before the shoot date, the Client will be charged 100% of the Photographer’s fees unless due to unforeseen circumstances in which the Photographer shall at his discretion be entitled to charge adequately.

ARCHIVING DATA

The Photographs are an original work. The Photographer will not specifically archive copies of the Photographs unless agreed to prior to commencement of work. Each photograph is unique and does not have an exact duplicate, and may be impossible to replace or recreate.

PRIVACY AND CONFIDENTIALITY

The Photographer will keep confidential and will not disclose to any third party or make use of material or information communicated in confidence to him for the purposes of photography except as may be reasonably necessary to carry out the work.

ENTIRE AGREEMENT

This agreement is the entire agreement between the parties with respect to the subject matter and no alteration, modification or interpretation hereof shall be binding unless in writing and signed by both parties. If the parties want to waive one provision of this agreement it does not mean that any other provision is also waived.