Sample photographer contract

DEFINITIONS:

“Photographer” refers to the person or organisation requested to take and supply the photographs.

“Photographs” refers to all photographic material, in film, print or electronic formats supplied by the photographer.

“Client” refers to the person or organisation, its representatives, successors, assignees, agents and affiliates requesting the provision of photographic services and supply of photographs.

FIRST OWNERSHIP OF COPYRIGHT:

The client recognises that the Photographer is the author of the Photographs and the owner of the copyright subsisting in them, irrespective of the stipulations of Sects 21 (1)(c) and 21 (1)(e), with amendments, of the South African Copyright Act No 98 1978 as amended.

USAGE RIGHTS:

An Exclusive License is granted to the Client for the usage specified in the brief, estimate or order confirmation. This Exclusive License is conditioned upon acceptance of each term set forth in this agreement, including but not limited to, receipt of payment in full by the Photographer within the payment period agreed. Unless otherwise stated the duration of the license shall be six times the periodicity of the publication for editorial work, or 90 days, whichever comes first. All rights not expressly granted to the Client remain the exclusive property of the Photographer. The Client may not transfer or assign this Exclusive License without the express written consent of the Photographer.

PAYMENT:

Full payment must be received by the Photographer within 30 days of submission of the photographs or prior to publication, whichever occurs first. If payment is not received by the due date, any use of the Photographs may, at the Photographer's discretion, be considered unauthorised and the Exclusive License withdrawn and become subject to renegotiation. The Client agrees to pay interest at 2% above the prime rate per month or part thereof on overdue payments.

OWNERSHIP OF MATERIALS:

The photographer is the owner of all the Photographs and/or materials supplied to the client.

ECONOMIC RIGHTS:

The Photographer is entitled to an equitable remuneration for all uses of the Photographs irrespective of copyright ownership.

ADDITIONAL EXPENSES:

Where additional expenses are incurred by the photographer due to changes in the original brief by the Client or by circumstances beyond the Photographer's control, the Client agrees to pay such reasonable expenses and/or fees at the Photographer's normal rates.

CANCELLATION FEES:

Client is responsible for all expenses incurred up to the time of cancellation, plus 50% of the Photographer's fee. If cancellation is given less than two (2) business days before the shoot, Client will be charged 100% fee. Unless otherwise agreed, Client will be charged 100% fee if postponement is due to weather conditions on location or 50% if postponement due to weather conditions is before departure.

HOLDING FEES:

Client will return all Photographs to the Photographer in their original unmodified form within 30 days of submission. At the Photographer's discretion a Holding Fee of not less than R20 (twenty) per item per day shall be payable from the return date until time of receipt by the Photographer.

ELECTRONIC STORAGE:

The Client agrees to destroy all digital files within four (4) weeks of publication and further agrees not to permit any alterations, additions, subtractions or part use of by any method without the Photographer's written consent.

CREDIT LINE:

For editorial use, Client agrees to provide a credit line in the form of “© <Year><Photographers Name>” in type no smaller than the nearest text and immediately adjacent to the picture used or the fee is tripled.

EXCLUSIVITY:

The Photographer retains the right to use the Photographs in any manner, at any time and in any part of the world for self promotional purposes. During the period of the Usage License granted in the Usage clause, the Client is authorised to publish the Photographs to the exclusion of all other persons other than the Photographer's right to self promotion as noted above. After the expiry of the the Usage license, The Photographer shall be entitled to use the Photographs for any purpose.

LOSS OR DAMAGE:

The Client agrees to pay an amount of Rand 2000 per item for film or print based Photographs in the event of the loss of or damage to the Photographs. Client agrees to pay Rand 500 or the Photographer's normal costs, whichever is applicable, for reproducing digital media in the event of the loss of or damage to such media.

REJECTION AND KILL FEES:

The Client has no right to reject work on the basis of style or composition unless a rejection fee has been agreed in advance. If the Photographs are no longer publishable, through no fault of either the Photographer or the Client, the Client agrees to pay 50% of the Photographers account and cancel the Exclusive License agreement otherwise the Client shall make full payment.

INDEMNITY:

The Client agrees to indemnify and save harmless the Photographer against all liabilities, claimsand legal costs arising out of the Client's use of the Photographs.

DISPUTE RESOLUTION:

In the event of any unresolvable dispute in the interpretation of the terms of this contract, the Client agrees to submit the dispute to either an arbitration process or mediation process, at the photographers option.

DEFAULT:

In the event of non-payment or other breach of this agreement by the client, the Client shall pay all of the Photographers costs and expenses incurred in enforcement of the terms of this agreement, including the Photographer's attorney's fees.

VARIATION:

No variation of the terms of this contract shall be recognised unless agreed in writing.

APPLICABLE LAW:

This agreement shall be governed by the laws of the Republic of South Africa.

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