“The Photographer” is John Myers
Acceptance of Terms and Conditions:
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
The content and images used on this website are the property of and copyright by John Myers, dba John Myers Photography. Certain images may be utilized on other websites under the control of the photographer and/or John Myers Photography. No images or content may be copied, duplicated or otherwise taken from the website without express written permission from John Myers Photography and/or the creator of the work.
a. For all non-account Clients, payment for all products and services provided by the Photographer must be made upon completion of the assignment.
b. A retainer of $500 - $1000 of the total amount of the contract may be expected for scheduled events. The retainer will be at the discretion of the Photographer at the time of contract signing and is usually necessary for events that are scheduled some time out.
c. The photographer reserves the right to charge interest on all overdue invoices at a rate of 3% per month.
Retention of Title:
The Photographer reserves the right to retain all of the Client’s materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, the license to reproduce images created by the Photographer will also be revoked until payment has been made.
Payment for services is due upon completion of the work.
Example: A photographer is assigned to a project and arrives at your location to perform work as agreed. Upon completion of the work you will be invoiced and payment is due. Payment can be made by check or other means agreed prior to the shoot.
If a retainer was taken prior to the work, the amount of that retainer will be shown as a credit on the invoice. Retainers may be required for larger projects or projects involving rental equipment or travel beyond 150 miles one-way or overnight travel.
a. Booking Days: The Photographer may be booked by the Day (eight (8) hours) or the Hour.
a. Cancellations: Cancellations forty-eight (48) hours (two (2) working days) in advance will be charged as Half-Day. Twenty-four (24) hours (one working day) in advance will be charged a Full Day Fee. Cancellations of trips, or full week confirmed bookings must be made one week prior to the booking, otherwise a full fee will be charged and full reimbursement will be expected. (e.g. costs incurred from transportation, airplane, etc.)
b. Weather Permit: Type of weather must be specified. A same day cancellation will be charged as a Full Day Fee. Cancellations twenty-four (24) hours in advance will be charged as a Half-Day.
c. In such instances, the Photographer may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees etc), that he may have incurred prior or during the assignment taking place.
Example: A photographer is scheduled to shoot an event and the event is cancelled the day prior to the agreed time. The client contacts the photographer to advise of the cancellation. At that time, the photographer will charge for a full day of the agreed contract amount, plus 100% of any rental fees or other actual expenses. If the photographer has completed any portion of travel, the client will be invoiced for all travel expenses as if the work had been completed.
If the work is cancelled on or before the day of the scheduled work, for any reason by the photographer, the client agrees to reschedule the work, if possible, at their earliest convenience. The client will not be charged for travel or other any other expenses if the work is canceled by the photographer.
The photographer may make additional charges should an assignment overrun which is beyond the control of the Photographer (e.g. including but not limited to, the Client requesting additional photographs over and above the Client’s original brief etc). If the work cannot be completed within the agreed amount of time, John Myers Photography or their agent and the client agree to amend the contract either verbally or in writing, to provide for additional time as required to complete the work.
Example: if a photographer has begun a project and the time agreed in the original contract is not adequate to complete the work, the photographer or the client can verbally request more time be added to the contract. A notation will be made on the invoice reflecting the day, time and identity of the persons who requested and approved the additional time. If the client does not approve the requested change, the work will be considered complete at the expiration of the time allotted to the work in the original contract and payment for the full contracted amount will be due on invoice, regardless of whether images have been created or provided to the client. The client will receive all work product following payment.
Completion of the work:
Work is complete when the photographer provides the client with agreed material purchased. This includes a CD or DVD, access to a web gallery, and or prints containing all of the RAW or JPEG images photographed on behalf of the client. Contact sheets can be provided by request prior to the day of the shoot for an additional charge. Our product is provided in both digital media and print. A web based gallery of images taken for you will be created for the approval purposes unless a contact sheet is requested. A CD or DVD containing copies of the RAW and/or JPEG images will be provided to you at the end of your scheduled shoot. Access to web galleries is restricted to clients only. Images may not be copied from the web gallery or used in any form, without express written permission.
The Client shall be responsible for the behavior of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Client’s behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described above of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.
Delivery of Products and Services:
The supply of products and services are provided by the Photographer on a best endeavors basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavors to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
Prices & Terms:
a. All prices shown within the Photographer’s price list are subject to change without prior notice.
b. The Photographer reserves the right to amend these Terms and Conditions without prior notice.
In accordance with the United States Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. John Myers Photography retains all copyright benefit for all images created by our photographers forever. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorization, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms. This means, if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image at the current market rate as determined by the use at the time.
Example #1: You send a magazine an image created by a photographer from John Myers Photography, the magazine pays you for the image. You owe John Myers Photography 100% of that payment + liquidated damages, on demand.
Example #2: You send an image created by a photographer from John Myers Photography to a commercial web-site for sale to the public or for other financial gain. You owe John Myers Photography 100% + liquidated damages of any and all income derived from use of that image.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. All we ask is a simple copyright statement be placed near or on the image, and notification of use is communicated to John Myers Photography. Non-commercial uses include personal web pages, and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, any other use that would be considered as commercial or financially beneficial to the user.
The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
The above conditions and terms constitute the full conditions and terms of any work agreement made between you (client) and John Myers Photography or any photographer assigned to you by John Myers Photography. By signing a contract for services, you agree to these terms, and agree to indemnify and hold harmless John Myers Photography, their agents and the heirs or assigns.
Edited - 1.22.16