DEFINITIONS:
"PHOTOGRAPHER" refers to Aebe, the photographer, author of the photograph(s)
and owner of the copyright in the work.
"CLIENT" refers to the commissioning party, named on the face of this form as Client,
and its representatives.
"PHOTOGRAPHER FEE" is for the initially agreed-upon copyright use and the estimated
time booked for the "Photo-Session".
"EXPENSES" refers to all job-related costs.
CANCELLATIONS AND POSTPONEMENTS. If Client cancels a commission without a prior
agreement in writing, Client shall pay 50% of the "Photography Fee", except if Client cancels
with less than two business days prior notice, Client shall then pay 100% of "PHOTOGRAPHER FEE".
Client shall also pay Expenses and other Fees which have been incurred for the commission.
If Client postpones a "Photo-Session", Photographer shall be paid 50% of Photographer's
Fee for the postponed day(s).
CLIENT APPROVAL. Client is responsible for the presence of its authorized representative at the
"Photo-Session" to approve Photographer's interpretation. If no representative is present, Client
shall accept Photographer's interpretation. Client is bound by all approvals by its representatives.
COPYRIGHT NOTICE/CREDIT LINE. If non-editorial: The copyright Notice shall contain: © ;
and www.AebePhotography.com; and the year and date of first publication on each use, adjacent
to or within the photograph(s),or invoice fee is tripled.
If editorial: the Copyright Notice shall contain: © ; and www.AebePhotography.com; and the
year-date of the "shoot"(in type no smaller than that of related text) and must appear adjacent to or
within the photograph(s). This copyright notice serves as the agreed-on Photographer Credit Line.
Photographer credit line must accompany use or invoice fee is tripled.
Client acknowledges a triple fee is reasonable for photographer's loss of recognition
and protection resulting from lack of proper copyright notice/credit line.
FEES AND EXPENSES, listed on Assignment Confirmation are estimates. Additional compensation
may be required for any subsequent changes, additions or variations requested by Client.
INDEMNITY.Client shall indemnify and hold Photographer harmless against any and all claims and
expenses, including reasonable counsel fees, arising from Client's use of Photographer's work; and
Photographer's reliance on or use of, any instruction or assurance or material provided or approved
by Client.
INVOICES are payable upon receipt. 4% per month is payable on any balances unpaid after 30 days.
LICENSE OF RIGHTS.The right to use any Copyright is conditional on receipt of payment in full and
on the use by Client of a prescribed copyright notice on all copies of Photographer's work. Unless
otherwise stated on the face of this Licensing Agreement, duration of License is one year from date
of Licensing Agreement and License is for English language use in the United States of America only.
Any Copyright not specifically licensed in writing and signed by Photographer is reserved to the
Photographer. Client may not assign or otherwise transfer this license or any rights or obligations
under this License.
LOSS OR DAMAGE. In the case of loss or damage, Client and Photographer agree that the
reasonable value of original transparencies or negatives produced on commission is $1500.00
each, plus the amount of any sales tax then due. At any time after 30 days of first publication,
in the event of failure to return photographs, Photographer shall have the right to demand
immediate payment in full of this amount.
OVERTIME RATES for Photographer, Photographer's staff and freelance assistants is one and
one-half times their hourly rate. These Rates are payable for work done after 8 consecutive
hours in one day and or for hours between 6 P.M. and 8 A.M. For this calculation only,
Photographer's hourly rate is the "Photography Fee" seperated by the hours hired.
RE-SHOOTS. If before being delivered to Client the film or digital media from the "shoot" has been
lost or is unusable because of defect, damage, equipment malfunction, processing or other
technical error; Photographer shall re-shoot without additional Fee and Client shall pay all Expenses
for the Re-shoot.
RETURN OF PHOTOGRAPHS. Client assumes all risk for all photographic material(s) delivered by
Photographer from time of receipt by Client to time of receipt by Photographer. Client shall return all
such material(s) in undamaged, unaltered and untouched condition by date of first publication.
CLIENT ACCOUNT. You are responsible for maintaining the confidentiality of your password and
for access to your account on http://public.fotki.com/aebephotography/. You agree to accept
responsibility for all activities that occur under your account or password. AebePhotography.com
has the right to refuse service, terminate accounts, remove or edit content, or cancel orders at
our discretion.
ORDERING. Our registration format requests certain contact information from our Client. We collect
information that is personally identifiable through the registration and purchasing process when
processing your order. When a User completes an order, the format will require personally
identifiable information for each User, including: Contact information (examples include name,
home address, email address) Unique identifiers (examples include credit card numbers)
Demographic information (examples include zip code, telephone area code, etc.)
MISCELLANEOUS. Any dispute regarding this agreement, including its validity, interpretation,
performance, or breach, shall be arbitrated in San Antonio, Texas under rules of the American
Arbitration Association and the laws of San Antonio, Texas. Judgment on the Arbitration award
may be entered in the highest Federal or State Court having jurisdiction. Any dispute involving
$5000 or less may be submitted, without arbitration, to any court having jurisdiction thereof.
Any dispute involving over $5000 shall be arbitrated. Client shall pay all arbitration and court
costs, reasonable attorneys' fees plus legal interest on any award or judgment. Client shall
provide to Photographer 5 free copies of each use of Photographer's work by date of first
publication. Photographer can not grant rights on behalf of third parties. Any sale of photographic
material(s) requires a separate signed "Bill of Sale".
Please fill in this contract, and sign them on all tree pages as well. Give it to the photographer before
the photo-session. Or send all 3 pages (signed and filled in) by e-mail. Thank you.
| Name (Full) | ____________________________________________________________ |
| Address | ____________________________________________________________ |
| City / Zipcode / State |
____________________________________ / ______________ / _____ |
| Phone | ____________________________________________________________ |
| ____________________________________________________________ | |
| Date | ____________________________________________________________ |
| Signature | ____________________________________________________________ |