Definition: “Image(s)” means all visual representations furnished to Client (you) by Photographer (me), whether captured, delivered, or stored in any form of media. 

DANIEL CAMER'S PHOTOGRAPHY AGREEMENT (In Plain English):  

[i]  Advances: A 50% non-refundable advance/deposit on the estimated fees payable is required to reserve your shoot.  The advance is payable either via Interac eTransfer, Paypal, or VISA/AMEX/Mastercard.  You are responsible for the 3% fee if paying by credit card or PayPal.  The remaining balance is required either at the beginning of your shoot or before delivery of final photos to you.

[ii]  Fees: All fees quoted are in USD and do not include applicable taxes or billable expenses unless I have otherwise mentioned in writing.  Further, all fees & expenses quoted are an estimate based on your requirements at the time of your quotation.  Any additional requests after your quotation are subject to additional fees & billable expenses. Any discounts given at the time of booking are only applicable for the quoted estimate.  I will retain all receipts for tax purposes.

[iii]  Billables: In addition to the hourly minimum, your shoot is billable from your scheduled start time and date until the shoot has concluded.  Please arrive as scheduled.  Any and all overtime past 8 hours is billed at 2x the hourly rate & is subject to any additional expenses if required.

[iv]  Cancellations and Postponements: In the event of a cancellation, you are responsible for payment of all of Photographer’s expenses incurred up to the time of cancellation of the assignment.  If photoshoot is canceled, in addition to all of Photographer’s expenses, you will also be charged 50% of Photographer’s quoted fees.  If notice of cancellation is given within 7 days before the shoot date, you will be charged the full invoice amount (including but not limited to, Photographer fees, expenses, assistant & freelancer fees and expenses). Postponements: Unless otherwise agreed in writing, you will be charged a 100 percent fee if postponement of the assignment occurs after Photographer has departed for location, and 50 percent fee if postponement occurs before departure to location (or if within 7 days, the full invoice rate will be charged). Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of any third party.

[v]  Payment:  Time is of the essence with respect to payment, and your license commences upon payment in full of Photographer’s invoiced fees.  Nonpayment will result in a revoked license, deeming any use of Images by you as copyright infringement.

 

LEGALESE. PLEASE READ.

 [1]  Unless otherwise specified in any documents furnished by Photographer, you agree to accept Images in the data format, resolution, and color profile that Photographer determines to be suitable to the subject matter of your needs. You are responsible for verifying that the digital data of Images are suitable for reproduction to your desired quality.  You agree that Photographer is not liable for poor reproduction quality.  You further agree that Photographer is not responsible to retain or archive any of the Images after they have been delivered to you.  During the assignment, you are responsible for sending an authorized representative to review the images as they are created.  If no review is made during the assignment, you agree to accept Photographer’s judgment as to the acceptability of the images.

[2]  Photographer owns the full copyrights to ALL Images produced on set by Photographer or anyone else capturing Images on set, and if you would like to reproduce Images outside of the license granted to you in Photographer’s written agreement, please negotiate additional rights with Photographer.  No rights are transferred to you until Photographer is paid the full amount specified in this document and any other appended documents detailing additional fees & expenses.  Usage of any Image without permission will be invoiced at three times Photographer’s usage fee for such usage(s).

[3]  Photo Credit:  Unless otherwise specified in writing by Photographer, usage of Images will be accompanied by written credit in the following format “Photo © Daniel Camer www.thattorontophotographer.ca” in the caption immediately beside or on the image in the same size writing as surrounding text.

[4]  Alterations: you will not make or permit any alterations of Photographer’s images.  This means no manipulating Photographer’s photos in post-production (i.e. changing colours, contrast, brightness, etc.)  Slight cropping for print is acceptable, so long as photo credit remains in or on the image, if present. 

[5]  Indemnification: you will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by you. Unless delivered to you by Photographer, no model or property release exists, and it is your responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Photographer. It is your sole responsibility to determine whether any model or property releases delivered by me are suitable for your purposes. My liability for all claims shall not exceed in any event the total amount paid under this invoice.

[6]  Assumption of Risk: you assume full risk of loss or damage to or arising from materials furnished by you and warrant that said materials are adequately insured against such loss, damage, or liability.

[7]  Transfer and Assignment: you may not assign or transfer this agreement or any rights granted under it.

[8]  Disputes: Except as provided in [10] below, any dispute regarding this agreement shall, at Photographer’s sole discretion, either:

(a) be arbitrated in Toronto, Ontario, under rules of the Canadian Arbitration Association and the laws of Ontario.

(b) be adjudicated in Toronto, Ontario under the laws of Canada and/or of Ontario.

(c) In the event of a dispute, you are responsible for Photographer’s reasonable legal fees, expenses, and legal interest on any award or judgment in favor of Photographer.

[10]  Reshoots will be charged a 100 percent fee and expenses for any reshoot you require.  For reshoots required outside of your control specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance or the fault of a third party, Photographer will not charge additional fees beyond any and all expenses required for the reshoot.