1. This agreement is between [Iain Mackenzie(“Photographer”)] and Client, who retains services of Photographer, as an Independent Contractor to deliver Photographs to Client. Copyright and all film, prints, media, and digital files remain the property of Photographer. The only rights granted to the Photographs are those specifically set forth above under “Rights Granted/Usage License”. All other rights are reserved by Photographer. Rights granted may not be transferred or assigned, in whole or in part, whether voluntary or by operation of law without the express written consent of Photographer. Client waives all defenses arising under section 107 of the Copyright Act, and waives all revision and reproduction rights or privileges under section 201 of the Act. This agreement is not a work made for hire. This agreement shall be governed under the laws of the place of residence of Photographer. Client agrees to personal jurisdiction in the state or country of residence of photographer.
2. The Client hereby agrees not to alter or retouch or employ any other individual or organization to alter or retouch any of the supplied images (including, but not limited to, cropping, sharpening, color correction, retouching, etc), irrespective of format, except with written approval from the photographer
3. The Client grants to Photographer and his/her legal representatives and assigns, the irrevocable right to use and publish photographs, still or moving, of the Client or in which the Client may be included, for the restricted purposes of self-promotion, including advertising the Photographer’s business, in any manner and medium; and to alter and composite the same without restriction and without the Client’s inspection or approval.
If, for whatever reason the client wishes to restrict the photographer from displaying the images from their photo shoot, the client may request to obtain the copyright of the image(s) for an additional fee.
Other terms will be negotiated for commercially contracted shoots. If a client granted a commercial license to the image is found to be using the image for commercial/advertising purposes after the licensed term is over, that client will be billed the cost of the image copyright.
The Client hereby releases the Photographer and his/her legal representatives and assigns from all claims and liability relating to said photographs.
4. The Client, when employing the services of of a Hair and Make-up Artist (HMUA), grants to such HMUA and his/her legal representatives and assigns, the irrevocable right to use and publish photographs, still or moving as supplied by the Photographer, of the Client or in which the Client may be included, for the restricted purposes of self-promotion, including advertising the HMUA's business, in any manner and medium.
5. Rights and Payments:
No rights or licences are granted until payment is received in full.
6. Booking Fee, Payment Policy, Expenses, Postponements and Cancellations:
This contract between the Photographer and the Client shall not become effective until it is signed and the initial amount due has been paid.
The Client will pay 50% of the shooting fee, assignment estimate or advance invoice or an amount as required by the Photographer to secure photographers services.
At the time the contract takes effect, the Photographer shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that the Client cancels the contract or postpones the shoot for any reason, all advances paid to the photographer plus any incurred expenses shall be retained by the Photographer (advances) or claimed from the Client by the Photographer (incurred expenses) in order to offset its loss of business.
If notice of cancellation or postponement is given two business days or less prior to the shoot date, Client will pay 100 percent of the shooting fee, assignment estimate or advance invoice, plus 100% of all incurred expenses.
Unless otherwise agreed, Client will pay 100 percent of the shooting fee and incurred expenses for Weather Delays on location. Client will be charged 100% of shooting fee and expenses for any reshoots required by the client. For reshoots required by an act of God or fault of third party client will pay all additional expenses.
7. (Optional – not necessary for digital delivery) Loss or Damage: In the event of loss or damage of original transparencies or negatives, Client will reimburse Photographer in the amount determined as the photograph’s value, but in all cases the minimum value per transparency or negative will be AED2500.
8. Warrants, Liability & Liability Disclaimer: Photographer warrants that photographs were created by him/her and he/she has authority to license their use to Client. Client will defend Photographer against any and all claims, liability, damages, and costs, including legal fees & expenses, arising out of the creation, use, or misuse of the images. Unless delivered to Client by Photographer, no Model or Property release exists. Client shall pay Photographer’s costs and expenses (including Photographer’s reasonable attorney’s fees and related costs) incurred in connection with enforcing the terms of this Agreement, including those incurred without commencing a court proceeding.
Photographer does not provide liability insurance for the protection of individuals, groups, organizations, business, spectators, or others who may participate in the Photography (hereafter known as the Activity).
In consideration for your participation in said Activity, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Provider, and it’s officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating in the Activity.
This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist. The provisions of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.
I hereby agree on behalf of my heirs, executors, administrators, and assigns, to indemnify the Photographer and it’s officers, board and employees, joint and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating in the Activity.
It is further understood and agreed that said participation in the Activity is not to be construed as an admission of any liability and acceptance of assumption of responsibility by the Provider, its officers, board, and employees, jointly and severally, for all damages and expenses for which the Photographer, its officers, board and employees become liable as a result of any alleged act of any participant.
Non-comercial use license
Iain Mackenzie, the owner ("Owner") of the copyrighted photographs being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes.
You are prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo.
This License may not be transferred to a third party without the written consent of the copyright owner/holder.
Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories.
This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.