- DEFINTION: This agreement is between “SkyView Aerial Imaging” (author of the photographs) or authorized “Representative” named on the face of this letter and the “Client” who is the commissioning party which the advertising agency represents for the purpose of this agreement.
- CLIENT REPRESENTATION: The Client is responsible for presence of an authorized representative at the shoot to approve the Photographer’s interpretation of the assignment. If the Client representative is not present, the Photographer’s interpretation shall be deemed acceptable.
- RESHOOTS: (a) The Photographer will charge 100% fee and expenses for any reshoot required by the Client. (b) For any reshoot required because of an act of God or the fault of a third party, Photographer will charge no additional fee and Client shall pay all expenses. (c) If the Photographer charges for special contingency insurance and is paid in full for the shoot, the Client shall not be charged for any expenses covered by Insurance. A list of exclusions form such insurance will be provided on request.
- INDEMNITY: The Client shall indemnify the Photographer and Representative against any claims and damages, including reasonable counsel fees, arising from the Client’s use of the photographs and the Photographer’s or Representative’s use of material or instructions of the Client.
- GRANT OF RIGHTS AND COPYRIGHT NOTICE: Grant of any reproduction rights is conditioned upon receipt of payment in full and use of proper copyright notice. All rights not expressly granted remain the exclusive property of the Photographer. Unless otherwise stated on the face of this invoice, duration of the grant of rights is one year from invoice date and limited to use in the United States of America.
- TERMS OF PAYMENT: Invoices are payable upon receipt. A re-billing fee of $75.00 is applied on any balances unpaid after 30 days, and for each additional 15 days a $30 fee will apply.
- MISCELLANEOUS: The Client may not assign or transfer the rights licensed herein. Any modifications of these terms must be in writing and signed by each party. This agreement is made under and shall be governed by the laws of the state in which the Photographer’s principle place of business is located.
- PROPERTY RELEASE: Payment of invoice will further constitute a property release if the owners of the property are named on the invoice.
- CHANGES IN TERMS AND CONDITIONS: Any changes to the above T&C must be made in writing and signed by both parties, BEFORE the invoice will be issued.
