Terms and Conditions of Business
For the purpose of this agreement, "the Client" shall where the context so admits include "the Agency," "the Advertiser," their respective assignees, sub-licensees and successors in title. "Photographs" means all photographic material furnished by the Photographer, whether physical or electronic material.
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world as described under Republic Act No. R.A. 8293: The Intellectual Property Code of the Philippines.
The License to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer's express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date.
The License only applies to the Client and its benefit shall not be assigned to any third party without the Photographer's permission. Unless otherwise agreed in writing, all further Licenses in respect of the Photographs will be subject to these terms and conditions.
The Client will be authorized to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner, at any time and in any part of the world for the purpose of advertising or otherwise promoting the work, unless otherwise agreed.
After the exclusivity period indicated in the License to Use the Photographer shall be entitled to use the Photographs for any purposes.
The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated in confidence for the purposes of the Photography, save as may be reasonably necessary to enable the Photographer to carry out obligations in relation to the commission.
The Photographer agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which the Photographer was responsible in respect of third party copyright works, trade marks, designs or other intellectual property.
The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot.
In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
A booking deposit fee as agreed is required to confirm and guarantee a definite date and time. The booking fee is therefore not refundable in the event of cancellation. The booking fee is deductible from the final balance of fees owing.
Terms of payment are COD unless otherwise agreed. Upon agreement, payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days the Photographer reserves the right to charge interest at the rate prescribed under Article 2210 of the Civil Code of the Philippines from the date payment was due until the date payment is made.
All expenses and production costs must be paid for in advance of the shoot, unless mutually agreed. Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at its request, the Client shall be liable to pay such extra expenses or fees, at the Photographer's normal rate, in addition to the expenses shown overleaf as having been agreed or estimated.
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation plus any expenses incurred.
The brief shall become binding upon the Client and the Photographer upon acceptance of the Cost Estimate. Any amendment to the Brief shall be submitted to the Photographer in writing. On acceptance, all terms of a Cost Estimate shall be legally binding.
The Cost Estimate shall be based upon the Brief. It is understood that a Cost Estimate can only be made on the information given by the Client at the time and for the purposes stated in the estimate. Any subsequent alteration to the Brief renders the estimate liable to cost variations.
Third Party Terms
Bookings of third party suppliers, including models, are subject to such terms and conditions as these parties may impose and can be made available on request.
Overtime and Delays
In circumstances not under the control of the Photographer, the Client shall shall pay overtime charges, whether specified or not in the Cost Estimate, for work exceeding or outside the agreement.
If the Client is not present during the shoot then the Photographer's interpretation of the brief is deemed acceptable to the Client. There is no right to reject on the basis of style or composition.
Where the Photographs are captured and delivered, the Client shall be responsible for archiving. It is the Client's responsibility to keep a safe copy for the duration of the license. The Photographer is not obligated to archive any shoot material, unless by prior written agreement.
Right to Credit
If the box on the estimate and the license marked "Right to a Credit" has been ticked, the Photographer's name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). This applies to all editorial uses and in other cases if stated on the estimate.
The Photographer's entire liability to the Client is limited to the contractual value of the Cost Estimate accepted for the assignment by the Client. All claims for incidental or consequential damage are excluded.
Force Majeure, Acts of God
Delivery estimates are made by the Photographer in good faith, but in the event of an Act of God or circumstances beyond the reasonable control of the Photographer, the Client shall have no claim for damages consequential or otherwise against the Photographer because of the late or non delivery of the material. Whilst every effort shall be made by the Photographer to carry out the terms of the contract, the Photographer shall not be liable for any loss or damage sustained by virtue of the non-fulfillment thereof as a result of inability to secure labour, materials or supplies, or as a result of any war, Act of God, strike, lockout, electricity blackout, or the like, or through any other cause beyond the Photographer's control.
This agreement shall be governed by the laws of the Republic of the Philippines.
These Terms and Conditions shall not be varied except by agreement in writing signed by both parties.
UPDATED MARCH 19, 2018