TERMS AND CONDITIONS FOR COMMISSIONING AND REPRODUCTION OF ALL PHOTOGRAPHY FROM
Endless Lens Photography
1.
In this Agreement the terms:
(a) “Picture” includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction.
(b) “Reproduction” includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means
(c) “The Client” is the person or organization to whom the invoice is addressed (whether or not the Client is acting for a third party).
(d) “Endless Lens Photography" or “Endless Lens” will be the umbrella business name, and will be used to describe Headshot Coach, Doren Sorell, or Emily Craig, all of which is copyrighted as one entity.
2.
(a) The entire copyright of the pictures is retained by Endless Lens Photography at all times throughout the world. Endless Lens Photography keeps the rights to use any photograph for his own promotion at any time.
(b) Endless Lens Photography supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Endless Lens Photography grant of reproduction rights in respect thereof.
(c) Endless Lens Photography asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
(d) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Endless Lens Photography any fee payable by the Client shall be subject to an increase specified by Endless Lens Photography, and in any event an increase of not less than 25%.
3.
(a) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(b) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights
(c) Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied.
(e) Endless Lens Photography reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client.
4.
The following terms are used when describing the reproduction rights granted by Endless Lens Photography to the Client:
• Actor Headshot usage: self-promotional use by agent and actor/model in his/her capacity as an actor including web, print, Spotlight, CCP and other casting directories, agent mail outs and front of house by employers. Extends to personal social media profiles like LinkedIn/Twitter/Facebook/Instagram etc… if they support the acting/modeling career. Does not include paid-for advertising, i.e. endorsements. All use subject to accreditation.
• Business Headshot usage: self-promotional use by client including web, print etc. Extends to personal social media profiles like LinkedIn/Twitter/Facebook/Instagram etc. Does not include paid-for advertising, i.e. endorsements. All use subject to accreditation.
• Please note: any editorial placement must be cleared with Endless Lens Photography, e.g. If a newspaper or magazine wishes to use your photos, please ask them to contact me to arrange a license and fee for usage.
5.
(a) Once the Client has made a booking for a specific time and date. Any cancellations made within 48 hours of the shoot will be subject to a $50 cancellation charge.
(b) The fee is payable on the day of the session.
(c) Endless Lens Photography reserves the right to rearrange, cancel or postpone a session; in such circumstances, the deposit is fully repayable.
6.
(a) Endless Lens Photography will cull through every shot and deliver what it considers to be the best selection of every situation covered to be delivered in the digital contact sheets, all in full-resolution JPEG or TIFF formats, but will not give RAW files to the client.
(b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Endless Lens Photography.
1 Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
7.
(a) While Endless Lens Photography takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption.
(b) The Client agrees to indemnify Endless Lens Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Endless Lens Photography.
8.
(a) This Agreement shall be subject to and constructed according to United States Law, and parties agree to accept the exclusive direction of the courts of the USA.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
PAYMENT
Payment should normally be made by cash, bank transfer or credit/debit card via PayPal. The details will be supplied by Endless Lens Photography beforehand. All fees should be paid before or on the day of the photo session. Retouches are an additional charge of $45 per photos.