Disclaimer

All photographs and content on this website remain the property of Jesse De Combes (Jesse D Photography). Images may not be downloaded, copied, reproduced or used anyway without prior written consent.

Print purchases entitle the purchaser to the ownership of the image but not to the copyrights of the image which still remain with Jesse D Photography even after purchase.

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Terms & Conditions

Here’s a look at my general Terms and Conditions. Remember that these may not all apply in every situation and are subject to change, depending on the job at hand. The following is for informational purposes and should be used as a basic guideline only. Should [You] ("Client") wish to alter any of these terms & conditions , please give prior notice in order to draw up a new agreement.

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1. DEFINITIONS

This Agreement is between Jesse De Combes (“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 organisation. Photographer’s relationship with Client is that of an independent contractor.

“Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other media.

2. 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). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) granted explicitly by Photographer to Client appear on this Agreement. No electronic publishing, or Internet use, of any kind, is permitted unless explicitly stated.

IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.

Client understands and agrees that it is not buying the Image(s) but is paying only for a licence to use the Image(s) as specified on this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee.

Unless otherwise agreed, the term of licence begins from the date Photographer receives full payment of the invoice.
Unless otherwise agreed, any rights granted are always limited, non-exclusive, non-sublicensable, non-transferable and non-assignable. Image(s) may not be used in a logo, corporate identity, trademark or other service marks.
The use of any Image(s) by Client 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.

Unless otherwise agreed, Photographer retains the right to use the Image(s) for her self-promotion.

3. PHOTOGRAPHIC INTEGRITY and ALTERATIONS

The 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.

Any alteration or modification of any Image(s) will not constitute a work of joint authorship.

4. GENERAL LIABILITY and RELEASES

Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).

The client will indemnify, defend, and hold harmless, Photographer, her contractors, and her representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).

The photographer is not responsible for obtaining model, property, trademark, copyright, or any other releases in connection with the Image(s) unless expressly stated in this Agreement. It is Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.

Should Photographer agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release.

5. PAYMENT

Time is of the essence for receipt of full payment under this Agreement.

NO RIGHTS ARE GRANTED UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT, INCLUDING, IF APPLICABLE, ANY LATE-PAYMENT CHARGES. UNLESS OTHERWISE AGREED, THE USE OF ANY IMAGE(S) BEFORE 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.

Where usage rights before full payment are granted, Photographer reserves the right to rescind any such usage rights if Client fails to make timely payment.

6. CREDIT LINE and COPYRIGHT NOTICE

Placement of a credit line or copyright notice is required only if specified prior to the shoot. If a credit line or copyright notice is required but not actually 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. CANCELLATIONS and POSTPONEMENTS

To do my best work, I focus (no pun intended) on only one client per day. 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, Client will pay all expenses incurred by Photographer up to the time of postponement or cancellation, plus all fees for any subcontractors booked for the assignment, and:

(a) Thirty-five percent of Photographer’s fees for delay, or cancellation, less than twenty-four hours from the scheduled time, or
(b) Fifty percent of Photographer’s fees for postponement, or cancellation, after Photographer, has departed for location.

If the same assignment is rescheduled for a later date, full fee and any additional expenses will be charged for the actual shooting.

Any deposits paid on booking become non-refundable for cancellation, or postponement, less than two business days from the date of photography.

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.

8. RESHOOTS

The client is responsible for sending an authorized representative to the shoot. If no representative is present, Client must accept Photographer’s judgment as to the creation of the Image(s).

If Client requires a reshoot, Client will pay Photographer an additional fee of one hundred percent of the cost stated in the quote or invoice for the original shoot, plus all expenses for the reshoot.

If a reshoot is required due to factors beyond the control of Photographer, including but not limited to, weather conditions, acts of God, or the fault of a third party, Photographer will not charge an additional fee and Client agrees to pay all expenses for the reshoot.

9. FAILURE TO PERFORM

If Photographer is unable to supply her photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond her control, then Photographer will attempt to procure the services of another professional photographer to fulfil her 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 Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.

10. 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 a said assignment, whether or not Client uses any Image(s).

11. 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 the licence. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.

The client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and her contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.

12. DIGITAL FILE QUALITY

The photographer is committed to providing high-quality services. Unless otherwise specified, 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.

Photographer uses cameras and monitors that are colour calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors.

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 suitable, 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. 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 ensures 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.

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 authorisations 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.

If any provision of this Agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

In addition to oral and written agreements, use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.

This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.

 

Questions?!

If you have any questions please get in touch with photographyjessed@gmail,com

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