TERMS AND CONDITIONS
ALL ASSIGNMENTS AND LICENCES ARE SUBJECT TO THE FOLLOWING AGREEMENT TERMS AND CONDITIONS
1. DEFINITIONS For the purpose of this agreement “Jason Malouin”, "Portrait Store" and the associated parties shall include their respective successors and permitted assignees and where there is no agency or advertiser, all references in this agreement to either shall mean the Client.
“Licence” means those rights in the Photographs licensed to the Client pursuant to clause 2. “Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
2. COPYRIGHT AND LICENCE TO USE
i. COPYRIGHT Unless otherwise stated, Jason Malouin/ Portrait Store is the sole author of the Photographs. The Photographs shall be the Photographer’s interpretation, rather than a literal re-creation of any concepts or layouts provided to the Photographer by the Client or the Client’s representative. Subject to the Licence, Jason Malouin/ Portrait Store retains the entire copyright in the Photographs at all times throughout the world.
ii. LICENCE TO USE The standard license included in all Portrait Store products gives the Client the right to nonexclusive, unlimited, lifetime usage across all media in all territories. The Licence cannot be transferred without Jason Malouin/ Portrait Store written consent. No License or Usage consent is granted until is payment is final.
3. OWNERSHIP OF MATERIALS Title to all Photographs remains the property of the Photographer. If in any case the client has imagery from Jason Malouin/ Portrait Store which is agreed to be returned, shall return all in an undamaged, unaltered and un-retouched condition within 30 days after first publication or use of the Photographs.
4. LOSS OR DAMAGE Reimbursement by the Client for loss or damage of each original photographic transparency or film negative shall be in the amount of Two Thousand Dollars ($2,000). Jason Malouin/ Portrait Store and the Client agree that the said amount represents the fair and reasonable value of each item.
5. EXCLUSIVITY The Client will be authorised to publish the photographs to the exclusion of all other persons. However Jason Malouin/ Portrait Store 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 purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence To Use, the Photographer shall be entitled to use the photographs for any purposes.
6. INDEMNITY Jason Malouin/ Portrait Store shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the Photographs or other use by the Client. The Client shall indemnify Jason Malouin/ Portrait Store against any claims and/or damages including reasonable Counsel fees arising from the Client’s use of the Photographs and Jason Malouin/ Portrait Store use of the material or the instructions of the Client.
7. PAYMENT The Client shall pay all expenses referred to herein. Many Sessions are paid in full up front in order to secure your booking. All other assignments require a Booking Deposit of 50% of the Fees (and 50% and of the Production Expenses - if any) before a project is Scheduled. The remainder payment (50% of Fees and 50% of Production Expenses - if any) is required within 14 days of receipt of the relevant invoice. Final Images will be released to the Client after Final Payment is made.
8. CLIENT APPROVAL The Client is responsible for having its authorised representative present during all “shooting” phases of the Assignment to approve the Photographer’s interpretation of the Assignment. If no representative is present, the Photographer’s interpretation shall be accepted. The Client shall be bound by all approvals and job changes made by the Client’s representatives. Unless a rejection fee has been agreed in advance there is no right of rejection.
9. OVERTIME In the event any Assignment extends beyond the scheduled time, the Photographer may charge overtime for crew members and assistants at the standard production per hourly rate.
10. CANCELLATIONS AND POSTPONEMENTS The Client is responsible for payment of all Production Expenses incurred up to the time of the cancellation. If notice of cancellation is given less than 24 hours before the shoot date/ time, the Client forfeits the Booking Deposit. If a Cancellation or Postponement is requested more than 24 hours from Commencement of the Project, the Date and Time can be changed without extra charge or loss of deposit (not including external Production Expenses - e.g. venue hire, prop hire, travel/ accommodation bookings, etc.)
Weather postponements: Unless otherwise agreed, the Client will be charged 100% of the fee if the postponement is due to weather conditions on location and 50% of the fee if postponement occurs before departure to the location.
11. RESHOOTS Jason Malouin will charge I00% of their fees, charges and expenses on any re-shoot requested by the Client.
12. ENTIRE AGREEMENT This agreement is the entire agreement between the parties with respect to the subject matter and no alteration, modification or interpretation hereof shall be binding unless in writing and signed by both parties.
13. QUOTES A quote is valid for 30 days from the date of issue. Final billing will reflect actual, not estimated expenses plus applicable taxes. Fees and expenses quoted in this estimate are for the original layout and job description only and for the uses specified.