Terms & Conditions of Booking and Sale
Preface: There's a large amount of information here. We recommend reading the entire document, however, we have highlighted some critical items in boldface that we suggest you read if nothing else in this contract.
We will always do our best to fulfill and, hopefully, even exceed your photography needs. But it’s often best for everyone to have a few things written down so that we both know what’s what, who does what and when, and what happens if something goes wrong.
As is the industry standard, all our photography is conditioned upon the Terms and Conditions of our business. These terms may vary with each photo assignment. You, the client, are entitled to a copy of this agreement. You will be required to digitally sign this copy of the contract after you read it.
This Agreement is between Panorama Media Group LTD., its employees, affiliates and representatives (“Photographer”) and [You] (“Client”) which includes Client’s principals, employees, affiliates, and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company, or organization. Photographer’s relationship with Client is that of an independent contractor.
“Image(s)” means all visual representations delivered to Client whether captured, delivered, or stored, in photographic, magnetic, optical, electronic, digital, analogue, or any other, media.
2.0 USAGE RIGHTS and OWNERSHIP:
Client acknowledges that Photographer is the author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). All Images, copyrights and moral rights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Client include print for personal use, posting/sharing/publishing on social internet sites such as Facebook, Instagram or Twitter. No sale of photos or electronic publishing and/or Internet use of any kind is permitted where the Client receives compensation without the express written consent of the Photographer. Photographer reserves the right to claim all or partial monies received by Client for the consented or unconsented sale of any and all photos by the Client. By signing this document, Client agrees that $500.00 is a fair amount to be paid to Photographer for unconsented sale of photos.
2.1 IMAGES ARE LICENCED FOR SPECIFIC USE(S) AND ARE NOT SOLD.
2.2 Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified on the reverse side of this Agreement. The term of license begins from the date Photographer receives full payment of invoice. The use of any Image(s) will not constitute a work of joint authorship. Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer. By signing this document, client agrees that $200.00 is a fair amount to be paid to Photographer for any changes made to the copyright metadata, or unauthorized edits in general, on the photos. Unless otherwise agreed, Photographer retains the right to use any Image(s) for their self-promotion.
3.0 PHOTOGRAPHIC INTEGRITY and ALTERATIONS:
Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for colour, contrast, brightness, sharpness, and cropping, are permitted.
3.1 Any alteration or modification of the Image(s) will not constitute a work of joint authorship.
4.0 GENERAL LIABILITY and RELEASES:
The Client will indemnify, defend, and hold harmless, Photographer, their contractors, and representatives, against any claims, liabilities, damages, costs, and expenses, including reasonable legal fees and costs, arising from Client’s use of the Image(s). The photographer is not responsible for obtaining model, property, trademark, or other releases in connection with any Image(s) unless explicitly stated in this Agreement. It is the Client’s responsibility to obtain the necessary permissions for any Image uses that require a release. It is the Client’s responsibility to determine whether any versions delivered by Photographer are suitable for Client’s purposes. In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.
4.1 Where assignments are equal to or greater than 2 hours, client is responsible for arranging and supplying all Photographers, Assistants and Photo Booth Staff assigned with a plate of food and drinks.
Time is of the essence for receipt of full payment under this Agreement. NO RIGHTS ARE GRANTED UNLESS AND UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT INCLUDING OVERTIME FEES. ANY USE PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR SUCH AN UNAUTHORIZED USE WILL BE DOUBLE THE INVOICE TOTAL. Interest is charged based on 100% of the INVOICE TOTAL. Interest is added to the invoice at a rate of 20% MONTHLY without limitation. Once this contract is signed, the Client agrees to pay the deposit fee, whether the event cancelled, postponed, or otherwise.
5.1 PHOTO BOOTH: Where Client requests additional time for the operation of the photo booth DURING AND WITHIN 24 HOURS OF OPERATION, the hourly rate will be charged with the ADDITION OF A 20% surcharge PER HOUR BOOKED (hourly rate plus 20%). Where Client requests additional time for the operation of the photo booth AT LEAST 24 HOURS PRIOR TO THE START TIME, hourly rate will be charged with NO SURCHARGE. It is the Panorama Media Group employee’s discretion whether additional time can or cannot be added onto the contract. Where payment is due on the day of the event, payment must be received IN FULL by completion of the event. It is the Client's sole responsibility to deliver full payment to the Panorama Media Group employee. Where the outstanding amount is not provided, an automatic charge of 20% of the FULL INVOICE TOTAL will be added to the outstanding balance. Until payment is received in full, a further 20% of the FULL INVOICE TOTAL will be added to the invoice MONTHLY without limitation. NO RIGHTS ARE GRANTED UNLESS AND UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT INCLUDING OVERTIME FEES. ANY USE PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE.
5.3 DAMAGE NOTICE: Where loss, theft or damage is incurred of the Photographer's equipment, property or other items in the Photographer's possession by the any person other than the Photographer including, but not limited to, the client, clients relations or a guest attending the event or function, the client will be responsible for paying either the cost of replacement of goods or equipment, or a fee that the Photographer deems suitable to cover loss or damage. Lost, stolen, or damaged Photo Booth props will be billed at a minimum of $50.00.
5.3 Photographer’s invoice will serve as Client’s receipt for work performed and services rendered.
6.0 CREDIT LINE and COPYRIGHT NOTICE:
Placement of a credit line or copyright notice is on photos is only required if the images are being posted for sale or use with monetary gain. If a credit line or copyright notice is not provided, Client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.
7.0 CANCELLATIONS and POSTPONEMENTS:
Once Client and Photographer have agreed to time(s) and date(s) for a photography assignment, Photographer will not accept work from any other client for the same time(s) and date(s). Where Client postpones or cancels an assignment within 7 days of assignment, the full total of the assignment will not be refunded. Where Client postpones or cancels an assignment outside of 7 days prior to the assignment, the collected down-payment will not be refunded, but the outstanding balance will.
7.1 If the same assignment is rescheduled for a later date within two weeks of session or event, full fee and any additional expenses will be charged for the actual shooting plus 20% of invoice total. Any deposits, paid or unpaid, are non-refundable and must be paid regardless of cancellation, or postponement. Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or delay. However, Photographer understands that life doesn’t always happen as planned and consideration will be given in any such circumstance.
7.2 Where the client does not show up at the agreed start time of the booking (no-show), Photographer agrees to remain at the approved location for the entirety of the scheduled time. Photographer will do everything in their power to contact the client. Client agrees that 100% of the invoice total is a fair and just amount to pay despite not attending and not receiving any photos. Where the client shows up late, the Photographer will continue to shoot as usual, in the remaining amount of time and no extra, for no additional charge. Client agrees that 100% of the invoice total is a fair and just amount to pay despite not receiving the full booked time for the session. If the client wishes to add more time to the booking, the client agrees that the per hour invoice total PLUS 50% per hour is a fair an just amount to pay. If Photographer leaves the site prior to the end of booked time, the Client will be responsible for paying $25 per hour that the Photographer attended and no more.
The Client is responsible for sending an authorized representative to the shoot. If no representative is present, the Client must accept Photographer’s judgment as to the execution of the Image(s). (a) If the Client requires a reshoot, Client will pay Photographer an additional fee of one hundred percent of the price stated in the invoice for the original shoot, plus all expenses for the reshoot. (b) If a reshoot is required for reasons beyond the control of Photographer or Client, including, but not limited to, weather conditions, acts of God or the fault of a third party, Photographer will not charge an additional fee, but Client agrees to pay all expenses for the reshoot.
9.0 FAILURE TO PERFORM:
If Photographer is unable to supply their photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond their control, then Photographer will attempt to procure the services of another professional photographer to fulfill their obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability concerning this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement. This limitation of liability will also apply if any Images are lost or damaged through equipment malfunction, or otherwise, without the fault of the Photographer. Should the Photographer have any issue related to illness, mechanical breakdown, accident, act of God or any other cause beyond their control during a scheduled service, Photographer will be paid the full rate of the invoice for services that have been completed, less the amount of services that were left uncompleted. Photographer will do anything within reasonable means to cover the remainder of the service to the satisfaction of the client. Should the client decide not to continue with the service, the Photographer is exempt from all liabilities after that point and will reissue an updated invoice for the services that were rendered.
9.1 In the event that the Photographer is in attendance of the event at an incorrect time or location, Photographer will be responsible for speaking with the Event Contact and arranging a solution to rectify the situation. Photographer will either continue booked work at the new time or delay their time and begin at the initially scheduled time. Alternatively, the Event Contact may propose a new time frame. The solution, once agreed upon by both the Event Contact and the Photographer, will render any previous agreements void. Photographer cannot be held responsible for error once an agreement has been made. In any instance, the Photographer will not exceed the original value of work to be performed.
9.2 Photographer does not, under any circumstances, guarantee the release of all photos taken during any given event, contract or obligation. It is the Photographer's sole discretion to omit, withhold or retain any images that are deemed unsuitable for post-production. Photographer retains the right to refuse access to these, and any other, photos. Photographer cannot guarantee that every part of an event will be photographed or delivered to the client. We will always do our best to capture every moment, but will not be held accountable for missed moments or corrupt files.
9.3 Photographer will, under no circumstances, release any RAW or unedited files to the client or other parties. RAW files are the sole property of the Photographer, including, but not limited to, copyrights and moral rights under any jurisdiction.
10.0 KILL FEE:
Provided that Photographer has executed the photography assignment professionally and competently, Client agrees to pay Photographer all fees and expenses in connection with the said assignment, whether or not the Client uses any Image(s).
11.0 ARCHIVING DIGITAL FILES:
While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client. Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
12.0 DIGITAL FILE QUALITY:
The Photographer is committed to providing high-quality services. Unless otherwise specified on the reverse side of this Agreement, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.
12.1 Photographer uses cameras and monitors that are colour calibrated to industry standards. However, due to variances in other monitors, software and computer platforms, the Image(s) may display differently on different monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities.
12.2 It is Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed adequate, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
13.0 PRINT QUALITY:
Photographer is committed to using high quality products. However, Client is aware that colour dyes, inks, and other materials, used in photography may fade or discolour over time. As such, Client releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any fading or discolouration of any photographic prints.
14.0 HARASSMENT and DISCRIMINATION:
The Management of Panorama Media Group LTD. is committed to providing a work environment in which all individuals are treated with respect and dignity.
14.1 Workplace discrimination and harassment will not be tolerated from:
Employees of Panorama Media Group LTD.
Clients of Panorama Media Group LTD.
Guests in attendance at any event or function where Panorama Media Group LTD. or its companies and affiliates are present.
Any other individuals in contact with an employee of Panorama Media Group LTD. or its companies and affiliates.
14.2 Everyone in our company is dedicated to preventing workplace harassment. Managers supervisors, workers and clients are expected to uphold this policy and will be held accountable by Panorama Media Group LTD. Management Team.
14.3 Workplace harassment means engaging in the course of vexatious comment or conduct against a worker, in a workplace, that is known or ought to reasonably be understood to be unwelcome. Harassment may also relate to a form of discrimination as set out in the British Columbia Human Rights Code, but it does not have to.
14.4 This policy is not intended to limit or constrain the reasonable exercise of management functions in the workplace. Workers are encouraged to report any incidents of workplace harassment. Where it is alleged that a guest at the Client’s event, photoshoot, fundraiser or other booked function was alleged to have harassed or discriminated against an employee of Panorama Media Group LTD., our Management Team will investigate and deal with all concerns, complaints, or incidents of workplace harassment in a timely and fair manner while respecting all parties’ privacy to the best of our abilities. The Client and any applicable management team or government body will be notified of the complaint and will be asked to assist in Panorama Media Group LTD.’s investigation within their own internal company or business.
15.0 ACCEPTANCE OF TERMS:
The Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon and inures to the benefit of Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees are jointly and severally liable for the performance of all payments and other obligations hereunder.
15.1 No amendment or waiver of any items is binding unless outlined in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.
15.2 This Agreement will be deemed to be a contract made under the laws of Canada and the Province of British Columbia, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the district of Vancouver, British Columbia, Canada. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favour of Photographer.
15.3If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
15.4 In addition to oral and written agreements, use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.