Terms and Conditions
Definitions:
"The Company" refers to Allabria LLC dba "Images by Nick", a California Limited Liability Corporation, its affiliates and subsidiaries. “Photographer” is an employee, member or affiliate of Company. “Licensee” is any person, body of persons, firm, or Company with whom the Company enters into a contract for the sale of photographs, images or files by Photographer, or photographic services including photo restoration and recovery and any other photography or image creation services that Company may, from time to time, offer. “Artifacts” are photographs, images and files taken or created by Photographer. "Subject" refers to any person or persons represented in whole or in part in the Artifacts. "The Event" refers to any occasion, session, gathering or other event or function where Photographer is engaged in creating Artifacts.
Acceptance of Terms and Conditions:
All contracts and transactions between Photographer and Licensee whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Company and all or any of its Licensees.
Website:
The content and Artifacts used on this website are the property of and copyright by the Company. Certain Artifacts may be used on other websites under the control of Photographer and/or the Company and/or its Licensees. No Artifacts or content may be copied, duplicated or otherwise taken from the website without express written permission from the Company.
Payment Terms:
a. Except as otherwise explicitly agreed payment for all products and services provided by the Company must be made in full prior to delivery of the Artifacts or provision of services.
b. For authorized account holders, payment of the Company’s invoice must be made within 30 days of the date of that invoice. The Company reserves the right to withdraw account facilities and services without notice should Licensee fail to pay the Company’s invoice(s) within 30 days.
c. A non-refundable reservation fee of 40% of the total amount of the contract may be requested for scheduled events. The fee will be at the discretion of the Company at the time of contract signing and is usually necessary for events that are scheduled in the future.
d. The Company reserves the right to charge interest on all overdue invoices at a rate of 3% per annum or annual inflation rate whichever is higher.
Retention of Title:
Except as explicitly agreed the Company retains copyright, title, ownership and moral rights to all Artifacts. The Company also retains all rights not expressed in the agreement including advertising rights.
Artistic Style:
On its own behalf, and on behalf of the Subject: Licensee acknowledges that it is familiar with Photographer's portfolio and is requesting Services with knowledge of Photographer's style; that Photographer's work is constantly evolving; that Photographer's services are of unique and artistic nature; that the images may be different from images created by Photographer in the past; and that in creating the images Photographer shall use his/her personal artistic judgement to create images consistent with his/her personal vision of the Event, which vision may be different from the Licensee's and/or the Subject's vision of the Event. Accordingly, Licensee acknowledges that the images shall not be subject to rejection on the basis of taste of esthetic criteria.
License:
Company grants to Licensee a one time Royalty Free license to the specific Artifacts delivered as part of this contract. Licensee may not transfer this license to other parties without written permission from the Company. Licensee agrees that altering the Artifacts is prohibited without first receiving written permission from the Company. Licensee may display the Artifacts in public forums (including but not limited to websites, posters, wall hangings etc.) provided that he/she clearly indicates that the published Artifacts are the work of Photographer and the property of the Company and that all copyright and ownership is retained by the Company. Licensee agrees that selling the Artifacts in any form is prohibited without first receiving written permission from and agreeing suitable compensation to the Company.
Booking:
a. Booking Days: Photographer may be booked by the Day (eight (8) hours), Half-Day (four (4) hours), or the Hour. The minimum hourly booking is one (1) hour for studio shoots or two (2) hours for location shoots.
b. Confirmed Bookings: All day bookings are computed at eight (8) working hours. Before 8:00 AM and after 6:00 PM or after eight (8) consecutive working hours, time and a half will be charged. After ten (10) consecutive working hours, double time will be charged, unless arrangements have been made in advance. Sunday and legal holidays are billed at time and a half.
c. Preparation & Wrap Time: Preparation time is billed by the hour with a two (2) hour minimum.
d. Travel Time: Travel time is computed at Half-Day rate if booking time is less than a half-day and travel time exceeds sixty (60) minutes for out-of-town locations, travel time to and from bookings is charged at half the day rate.
e. Travel costs: Travel costs will be passed on at par for ticketed travel. Travel by vehicle will be charged at the IRS published mileage rate for local travel and at par for travel at a distant location in rented vehicles.
Cancellation Fees:
a. Cancellations: Cancellations forty-eight (48) hours (two (2) working days) in advance will be charged as Half-Day, twenty-four (24) hours (one working day) in advance will be charged a Full Day Fee. Cancellations of trips, or full week confirmed bookings must be made one week prior to the booking, otherwise a full fee will be charged and full reimbursement will be expected. (e.g. costs incurred from transportation, airplane, etc.)
b. Weather Permit: Type of weather must be specified. A same day cancellation will be charged as a Full Day Fee. Cancellations twenty-four (24) hours in advance will be charged as a Half-Day.
c. In such instances, the Company may charge in full for its expenses including but not limited to hire of specialist equipment, props, and model fees, that may have been incurred prior or during the Event.
Example: A photographer is scheduled to shoot an event and the event is cancelled the day prior to the agreed time. Licensee contacts the photographer to advise of the cancellation. At that time, the photographer will charge for a full day of the agreed contract amount, plus 100% of any rental fees or other actual expenses. If the photographer has completed any portion of travel, Licensee will be invoiced for all travel expenses as if the work had been completed.
If the work is cancelled on or before the day of the scheduled work, for any reason by the photographer, Licensee agrees to reschedule the work, if possible, at their earliest convenience. Licensee will not be charged for travel or other any other expenses if the work is canceled by the photographer.
Overruns:
The Company may make additional charges should an assignment overrun which is beyond the control of Photographer including, but not limited to, Licensee requesting additional photographs over and above Licensee’s original brief, Subjects not being available or ready at scheduled time, or Licensee having failed to procure required photography permits. If the work cannot be completed within the agreed amount of time, the Company or their agent and Licensee agree to amend the contract either verbally or in writing, to provide for additional time as required to complete the work.
Example: if a photographer has begun a project and the time agreed in the original contract is not adequate to complete the work, the photographer or Licensee can verbally request more time be added to the contract. A notation will be made on the invoice reflecting the day, time and identity of the persons who requested and approved the additional time. If Licensee does not approve the requested change, the work will be considered complete at the expiration of the time allotted to the work in the original contract and payment for the full contracted amount will be due on invoice, regardless of whether images have been created or provided to Licensee. Licensee will receive all work product following payment.
Completion of the work:
Work is complete when the Photographer provides Licensee with agreed material purchased. This may include a CD, DVD, or Blu-Ray, access to a web gallery, and or prints containing all of the final images created on behalf of Licensee. Artifacts may be delivered in digital or print form as agreed. A web based gallery of images may be established for approval purposes or a contact sheet may be produced if requested. Digital images may be delivered electronically or on physical media including CD, DVD and Blu-Ray as agreed. Access to web galleries will be restricted to Licensee only unless otherwise explicitly agreed. Images may not be copied from the web gallery or used in any form without express written permission.
Conduct:
Licensee shall be responsible for the behavior of any persons accompanying them to an assignment. Photographer reserves the right to terminate any assignment without notice if he/she deems Licensee’s behavior to be unruly or unsafe. In such instances, The Company reserves the right to charge full fees and expenses as described above of these Terms and Conditions. Licensee will fully reimburse The Company for any loss/damage they cause to property or equipment.
Delivery of Products and Services:
The supply of products and services are provided by The Company on a best endeavors basis. The Company shall use reasonable endeavors to meet agreed deadlines where applicable. The Company shall not be liable for any delays in meeting any of its obligations which were due to causes beyond its reasonable control including but not limited to postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit or force majeure.
Prices & Terms:
a. All prices shown within The Company's price list are subject to change without prior notice.
b. The Company reserves the right to amend these Terms and Conditions without prior notice.
Taxes:
California sales tax will be charged on all Artifacts liable for tax at the time of sale.
Example: Physical artifacts including prints, frames etc. will be liable for California sales tax. Digital artifacts delivered electronically are not generally liable for California Sales tax. In certain circumstances the Company may deliver CDs, DVDs or Blu-Ray discs containing backup copies of electronic images, for backup purposes, without charge. Professional services are not generally liable for California Sales tax.
Copyright:
In accordance with the United States Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. The Company retains all copyright benefit for all images created by our photographers forever. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorization, Licensee is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer. The license to reproduce such images is granted to Licensee under the understanding that all invoices are paid within the Company's stated payment terms. If any of the images created by Photographer is used for any commercial purpose or for other financial gain, at any time, without permission in writing from The Company, Licensee agrees to pay the Company for the use of the image at the current market rate as determined by the use at the time.
Example #1: You send a magazine an image created by a photographer from Images by Nick, the magazine pays you for the image. You owe The Company 100% of that payment + liquidated damages, on demand.
Example #2: You send an image created by a photographer from Images by Nick to a commercial website for sale to the public or for other financial gain. You owe The Company 100% + liquidated damages of any and all income derived from use of that image.
If Licensee wishes to own the copyright of images created by the Photographer an additional fee will be paid by Licensee to the Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
Note: License for the use of images will generally be granted for non-commercial use at no cost as long as credit for the work is given. All we ask is a simple copyright statement be placed near or on the image, and notification of use is communicated to The Company. Non-commercial uses include personal web pages, and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, any other use that would be considered as commercial or financially beneficial to the user.
Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
The above conditions and terms constitute the full conditions and terms of any work agreement made between you (Licensee) and The Company or any photographer assigned to you by The Company. By signing a contract for services or purchasing Artifacts for download or delivery, you agree to these terms, and agree to indemnify and hold harmless The Company, their agents and the heirs or assigns.