bodyNsoul Standard Terms and Conditions

ALL COMMISSIONS ACCEPTED ARE SUBJECT TO THE TERMS AND CONDITIONS BELOW AND THE REPRODUCTION RIGHTS ARE LIMITED AS FOLLOWS:
1. DEFINITIONS: THIS AGREEMENT IS BETWEEN THE PHOTOGRAPHER (BODYNSOUL PHOTOGRAPHY), AUTHOR OF THE PHOTOGRAPH(S), OR THE AUTHORIZED REPRESENTATIVE NAMED ON THE FACE OF THIS DOCUMENT, AND THE CLIENT WHO IS THE COMMISSIONING PARTY. BODYNSOUL PHOTOGRAPHY IS AN INDEPENDENT CONTRACTOR. CREATIVE FEE IS PAYMENT FOR AGREED UPON COPYRIGHT USE. EXPENSES REFERS TO ALL JOB-RELATED COSTS INCLUDING REASONABLE CHARGES FOR THE USE OF MATERIALS, PROPS, FACILITIES AND SPECIAL EQUIPMENT OWNED BY THE PHOTOGRAPHER, WHICH ARE BILLABLE TO THE THE CLIENT. MARK-UP IS A FEE WHICH IS CALCULATED AS A PERCENTAGE OF THE TOTAL EXPENSES INCURRED, LESS FILM PRICES, TO PRODUCE THE COMMISSIONED PHOTOGRAPH(S).
2. FEES AND EXPENSES: (A) THE CLIENT AND ITS PRINCIPALS, EMPLOYEES, AGENTS AND AFFILIATES ARE JOINTLY AND SEVERALLY LIABLE FOR THE PERFORMANCE OF ALL PAYMENTS OF FEES AND EXPENSES AND OTHER OBLIGATIONS HEREUNDER. ESTIMATED FEES AND EXPENSES ARE FOR ORIGINAL LAYOUT AND JOB DESCRIPTION ONLY; AND FOR THE USES AGREED. ANY CHANGES ARE SUBJECT TO SEPARATE WRITTEN AGREEMENT AND COMPENSATION. (B) HOWEVER, THE INVOICE MAY REFLECT, AND CLIENT IS BOUND BY, ORAL AUTHORIZATIONS FOR FEES OR EXPENSES WHICH COULD NOT BE CONFIRMED IN WRITING BECAUSE OF IMMEDIATE PROXIMITY OF SHOOTING. (C) WHEREAS AN ESTIMATED BUDGET OR A CONFIRMED BID HAVE BEEN APPROVED BY THE CLIENT, AND EXPENSES DO NOT EXCEED THAT BUDGET AS SUBSEQUENTLY INVOICED; OR UNLESS A PRIOR AND SEPARATE WRITTEN AGREEMENT EXISTS STIPULATING THAT LINE ITEM RECEIPTS SHALL BE PROVIDED TO THE CLIENT, THE PHOTOGRAPHER’S INVOICE SHALL CONSTITUTE FINAL VERIFICATION OF EXPENSES. IN THE EVENT OF SUCH A PRIOR AGREEMENT, THE CLIENT WILL BEAR ANY ADDITIONAL BOOKKEEPING COSTS INCURRED BY THE PHOTOGRAPHER TO PREPARE AN ACCOUNTING REPORT. THE CLIENT SHALL NOT BE ENTITLED TO WITHHOLD PAYMENT IN THE INTERIM FOR THE PURPOSE OF VERIFYING EXPENSES AGAINST RECEIPTS.
3. CANCELLATIONS AND POSTPONEMENTS: THE CLIENT IS RESPONSIBLE FOR PAYMENT OF ALL EXPENSES INCURRED UP TO THE TIME OF CANCELLATION OR POSTPONEMENT, PLUS 50% OF THE PHOTOGRAPHER’S FEE. IF NOTICE OF CANCELLATION OR POSTPONEMENT IS GIVEN LESS THAN 48 HOURS BEFORE THE SHOOT DATE, THE CLIENT WILL BE CHARGED 100% OF THE FEE. WEATHER POSTPONEMENTS: UNLESS OTHERWISE ARRANGED, THE CLIENT WILL BE CHARGED 100% OF THE FEE IF POSTPONEMENT IS REQUIRED DUE TO WEATHER CONDITIONS ON LOCATION AND 50% FEE IF POSTPONEMENT OCCURS BEFORE DEPARTURE TO LOCATION.
4. OVERTIME: IF A SHOOT EXTENDS BEYOND EIGHT CONSECUTIVE HOURS THE PHOTOGRAPHER MAY CHARGE FOR SUCH EXCESS TIME OF ASSISTANTS AND FREELANCE STAFF AT THE RATE OF ONE-AND-ONE-HALF TIMES THEIR HOURLY RATE.
5. RESHOOTS: (A) THE PHOTOGRAPHER WILL CHARGE 100% OF THE FEE AND EXPENSES FOR ANY RESHOOT REQUIRED BY THE CLIENT. (B) FOR ANY RESHOOT REQUIRED DUE TO THE FAULT OF A THIRD PARTY, THE PHOTOGRAPHER WILL CHARGE NO ADDITIONAL FEE AND THE CLIENT SHALL PAY ALL EXPENSES. (C) THE CLIENT SHALL NOT BE CHARGED FOR ANY FEES OR EXPENSES COVERED BY INSURANCE IN THE EVENT OF A RESHOOT.
6. CLIENT REPRESENTATIVE: THE CLIENT IS RESPONSIBLE FOR HAVING AN AUTHORIZED REPRESENTATIVE AT THE JOB SITE TO APPROVE THE PHOTOGRAPHER’S INTERPRETATION OF THE COMMISSION. IF THE CLIENT’S REPRESENTATIVE IS NOT PRESENT THE PHOTOGRAPHER’S INTERPRETATION SHALL BE DEEMED ACCEPTABLE.
7. INDEMNITY: THE CLIENT SHALL INDEMNIFY THE PHOTOGRAPHER AND HIS REPRESENTATIVE AGAINST ANY CLAIMS AND DAMAGES, INCLUDING REASONABLE COUNSEL FEES, ARISING FROM THE CLIENT’S USE OF THE PHOTOGRAPHS AND THE PHOTOGRAPHER’S OR REPRESENTATIVE’S USE OF MATERIAL ON INSTRUCTIONS OF THE CLIENT.
8. GRANT OF LICENSE/COPYRIGHT NOTICE: (A) ALL LICENSES AND REPRODUCTION RIGHTS GRANTED FOR THE USE OF COPYRIGHT ARE CONDITIONED ON BOTH RECEIPT OF PAYMENT IN FULL AND USE OF PROPER COPYRIGHT NOTICE BY THE CLIENT. UNLESS OTHERWISE STIPULATED ON THE FACE OF THIS DOCUMENT, DURATION OF GRANT OF LICENSE IS ONE YEAR FROM INVOICE DATE AND LIMITED TO USE IN THE DUTCH LANGUAGE IN SURINAME. ALL RIGHTS NOT EXPRESSLY LICENSED ON THE FACE OF THIS DOCUMENT REMAIN THE EXCLUSIVE PROPERTY OF THE PHOTOGRAPHER. (B) PHOTOGRAPHER’S COPYRIGHT NOTICE, “©2014 BODYNSOUL PHOTOGRAPHY” MUST ACCOMPANY EACH USE AS AN ADJACENT CREDIT LINE. INVOICE AMOUNT WILL BE TRIPLED IF SAID CREDIT IS NOT PROVIDED.
9. ELECTRONIC REPRODUCTION: PHOTOGRAPH(S) LICENSED FOR REPRODUCTION UNDER THIS OR PURSUANT AGREEMENT REGARDING THESE WORKS MAY BE SCANNED AND DIGITIZED FOR PRE-PRESS PURPOSES ONLY. ANY ALTERATION OF, MANIPULATION OF OR DERIVATION FROM THE PHOTOGRAPH(S) MUST BE SPECIFICALLY AUTHORIZED IN WRITING BY THE PHOTOGRAPHER. THE PHOTOGRAPH(S), WHETHER IN TANGIBLE OR DIGITIZED FORM, MAY NOT BE ARCHIVED BY ANY PARTY FOR A PERIOD OF MORE THAN SIXTY (60) DAYS AFTER PUBLICATION OR TERMINATION OF THE LICENSED PERIOD. THE PHOTOGRAPH(S) MAY NOT BE PLACED IN ANY ELECTRONIC CATALOGING OR ELECTRONIC DELIVERY SERVICE WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE PHOTOGRAPHER.
10. REPUBLICATION AND REVISION OF COLLECTIVE WORKS: ALL RIGHTS GRANTED UNDER THIS DOCUMENT FOR PUBLICATION IN A COLLECTIVE WORK EXCLUDE ALL USAGE RIGHTS FOR ANY REPUBLICATION OR REVISION OF THAT COLLECTIVE WORK OR IN ANY LATER COLLECTIVE WORK IN THE SAME SERIES, UNLESS SUCH RIGHTS ARE DIRECTLY GRANTED ELSEWHERE IN THIS DOCUMENT BY LANGUAGE REFERRING SPECIFICALLY TO THIS PROVISION. AMONG THOSE USAGE RIGHTS EXCLUDED BY THIS PROVISION ARE RIGHTS OF PUBLICATION, DISPLAY AND TRANSMISSION IN ANY MEDIA, INCLUDING TRADITIONAL PRINT, ELECTRONIC AND DIGITAL MEDIA, AS WELL AS IN MEDIA NOT YET KNOWN.
11. TERMS OF PAYMENT: INVOICES ARE PAYABLE UPON RECEIPT. A LATE FEE FOR REBILLING WILL BE APPLIED TO ANY UNPAID BALANCES AFTER 30 DAYS.
12. RETURN OF PHOTOGRAPHS: ALL ORIGINALS MUST BE RETURNED TO THE PHOTOGRAPHER UNALTERED AND UNDAMAGED BY THE DATE OF FIRST PUBLICATION; AND NO USE OTHER THAN REPRODUCTION MAY BE MADE WITH THESE ORIGINALS. IF ORIGINAL PHOTOGRAPHIC NEGATIVES OR TRANSPARENCIES ARE LOST OR DAMAGED THE CLIENT SHALL PAY THE PHOTOGRAPHER NO LESS THAN $1,500.00 PER ORIGINAL FOR EACH OCCURRENCE