C O N T R A C T  :     T E R M S   &   C O N D I T I O N S





All assignments are accepted subject to these terms and conditions; and all
reproduction rights or licenses are limited as follows:


or Photographer's authorized Representative named on the face of this form, and "Client" (the
commissioning party, and it's agent).  This Assignment will be the Photographer's interpretation
rather than literal recreation of Client's concept(s) and/or layout(s).
and expenses apply only to the original layout, job description, reproduction rights licensed and
Period of Use as specified on this form.  Any changes are subject to amendment or separate
agreement.  Client and agent are jointly and severally responsible for payment of fees, charges and
expenses.
Assignment Client will pay all incurred fees, charges and expenses.  If postponed or canceled
without Photographer's prior written consent two business days (48 hours) or more prior to the
shoot date, Client will also pay the following percentages of Photographer's fees:  (a)
postponement, 25% (b) cancellation, 50%.  If postponed or canceled in less than two business
days, Client will pay 100% of Photographer's fee.
A postponement is the rescheduling of the Assignment by the Client to a mutually agreeable date
within 30 calendar days of the original shoot date.
4.  WEATHER DELAYS:  Client will pay 100% of Photographer's Weather Delay Fee per day for
any delays caused by weather, plus all charges and expenses incurred.
5.  CLIENT APPROVAL:  Client is responsible for the presence of it's authorized representative at
the shoot to approve Photographer's interpretation of the Assignment.  If no representative is
present, Photographer's interpretation will be deemed acceptable.  However, if deemed
unacceptable by the Client, Photographer shall have the right of first refusal, but not the obligation
to reshoot according to item #7.
6.  OVERTIME:  In the event that a shoot extends beyond eight consecutive hours Photographer
may charge overtime for crew members at one-and-one-half their hourly rates.
7.  RESHOOTS:  Unless Photographer consents in writing otherwise, (a) Client will pay 100% of
Photographer's fee, charges and expenses for any reshoot requested by the Client, (b) If before
being delivered to the Client the film from the shoot has been lost or is unusable because of defect,
damage, equipment malfunction, processing or other technical error, Photographer will reshoot
without additional fee, provided Client advances and pays all charges and expenses for the reshoot
and the initial shoot, (c) If Photographer charges for special reshoot insurance and collects on the
loss, Client will not be charges for any portion of the reshoot covered by the insurance payment.
A list of insurance exclusions will be provided upon request.
8.  INDEMNITY:  Client will indemnify and hold Photographer and Representative harmless from
any and all claims, liabilities and damages, including reasonable attorney fees and court costs
arising from (a) Client's use of Photographer's photos, including uses for which no release was
requested in writing or for uses which exceed authority granted by talent, or other release or by this
Agreement, and (b) Photographer's or Representative's reliance on, or use of, any instruction or
reassurance, or material provided by the Client.
9.  REPRODUCTION RIGHTS:  Reproduction rights are conditioned on Photographer's receipts
of payment in full and Client's proper use of the copyright notice.  All rights not expressly granted
herein remain the exclusive property of the Photographer.  Unless otherwise stated on the face of
the Agreement, duration of the license is one year from the Agreement Date and limited to use in
the United States of America.  Client may not sell, assign or otherwise transfer this License
without Photographer's prior written consent.  Reproduction of all prints, dupes and slides should
be conducted through this office to ensure highest quality results.
10.  RETURN OF THE PHOTOGRAPHS:  Client assumes all risk for all photographic material(s)
delivered by the Photographer from time of receipt by Client to time of receipt by Photographer.  If
no Return Date appears on the face of this form, Client shall return all these material(s) in
undamaged and unretouched condition within 30 days of publication.
11.  LOSS OR DAMAGE:  If no "actual value" for liquidated damage(s) amount per photograph
appears on the face of this form, or by attachment or by delivery memorandum, then liquidated
damage(s) for loss or damages has been agreed upon by the parties to be $1,500.00 dollars per
original transparency or negative.  In the event of failure to return photographs per item #10,
Photographer shall be entitled to immediate payment in full of above liquidated damages.
12.  PAYMENT AND COLLECTION TERMS:  Invoices are payable upon receipt by Client or it's
Agents.  Photographer will be entitled to collect expenses, including reasonable attorney fees and
costs, required to collect any sums due or to enforce the terms of this Agreement.
13.  SALES TAX:  Unless Client or Agent supplies Photographer with a properly executed resale
certificate, Client must pay all applicable sales use or similar taxes, including and subsequent
assessment made by tax authorities.
14.  MISCELLANEOUS:  Any changes to this Agreement must be in writing and signed by the
party to be bound by the changes.  Unless Client or Agent receives from the Photographer a
properly executed talent or property release(s) Client is responsible for obtaining the release(s).
Any transfer of ownership of original materials must be in writing and signed by the Photographer.
The terms of this Agreement shall be governed by the laws of the state of Photographer's principal
place of business.
15.  TRAVEL DAYS:  All travel days will be billed at 50% daily shooting rate.
16.  CREDIT TO READ:  ©2002 W. H. KLOUBEC / HELIOSTUDIO
17.  PHOTOGRAPHERS ADDITIONS: ALL Electronic rights reserved.


TERMS  ...Whats all this then?

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