When you commission me to photograph your project, you are paying me to create and license to you, work copyrighted by me in my name.
This document outlines our standard terms and conditions, and is an agreement between Dave Adams Photography and the commissioning client only. Unless Multiple-Client (cost-sharing) terms have been mutually agreed upon prior to the commencement of the assignment, any and all 3rd party uses must be separately licensed and may be granted only by the photographer.
Once a assignment has been agreed upon and confirmed by both parties, Client is required and agrees to pay a retainer equal to 50% of the total quoted production/creative fee (as well all photographer incurred travel expenses) prior to the actual commencement of the assignment. This retainer is required,as Dave Adams Photography will refuse any other assignments for the date(s) confirmed. The balance will be invoiced upon completion of assignment to Client and will be payable Net 30-days. Late payments are subject to a 2% per month late fee. The use license for the photos becomes active upon receipt of full payment. See Invoice for specific uses licensed.
If Client cancels within 4 business days of the scheduled start of the assignment (or first travel day), or we are unable to shoot through no fault of Dave Adams Photography, then Client agrees to pay 1/2 of the quoted photography fee plus any expenses incurred by photographer (such as non-refundable tickets or reservations).
If the client, or client’s representative can not, or chooses not to be present at the time of the shoot to approve tests, the photographer’s work will be deemed as acceptable.
Defined as travel in excess of 100 miles one-way from our offices. Client will provide (or
reimburse) the photographer and photographer’s assistant (if applicable); round-trip air transportation unless assignment is better served by utilizing the photographer’s vehicle (in which case customary mileage and fuel charges apply), on site transportation, accommodations, while on a remote location. A flat per diem expense reimbursement is also acceptable in lieu of Client arranging and prepaying lodging if requested. Client agrees to reimburse photographer for any travel related out-of-pocket expenses that has not been provided by client and that will be itemized on final invoice.
Inclement Weather while on out-of-town location;
Weather-delay days are typically billed at $500.00/Day for the photographer, and $200.00/Day per Assistant plus all on-site expenses (or the agreed upon per diem).
Standard Image Licensing / Editorial submissions / 3rd party usage;
Dave Adams as the copyright holder, grants upon full payment of invoice for the assignment, a non-exclusive, non-
transferable license of usage rights to Client, as defined herewith:
Client is licensed to use images for customary self-promotional activities such as inclusion on clients own website, client portfolio, advertisements in trade publications, local magazines, internal documents, and for typical press releases. Client may also submit images for industry-type awards, however we will adhere to the AIA/ASMP awards submission guidelines and licensing.
While we strongly encourage and support our clients in seeking editorial exposure, editorial use licensing can only be granted by the photographer.
This standard license does not include commercial usage such as national advertising campaigns in consumer magazines, product packaging, billboards, or any type of “broadcasting” through electronic media (including TV and on non-company websites like YouTube, Flickr or other “share” type sites). Licensing for such commercial uses are available, but under separate contract.
Again, this license may not be re-sold, re-assigned, sub-licensed, or otherwise shared with any 3rd party for any reason.
It is common during architectural assignments that multiple parties may have use for images, and as such we encourage cost-sharing whenever possible. Any cost-sharing assignments must be arranged before the start of the assignment, and each party will need to sign an individual licensing agreement.
During a cost-sharing assignment, the production/creative fee is divided equally among the participating clients, while the licensing fees are based on each client’s individual needs.
Any party wanting use of the images after date of production, will need to obtain a separate license from photographer, at standard stock- image licensing rates.