S.D. Ayres Photogaphy Terms and Conditions of Service
Here’s the boring but necessary stuff you need to know on how we operate. S.D Ayres Photography encourages everyone to read this BEFORE working with us!
If the Client utilizes any of the services of S.D Ayres Photography (hereafter the “Company”), verbally, or otherwise, they are bound to the Terms and Conditions as outlined herein. It is the responsibility of the Client to assume that a Terms and Conditions exits, and that it should be read and understood prior to utilizing the Company services.
Any fees quoted by the Company are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses, which may be greater or less, will be invoiced.
“Publicity” use is when the Client submits photographs to an outside publication (whether print or electronic) for editorial use, and the Client (or their client) is not paying for that use. “Advertising” use is when the Client (or their client) is paying for the placement of a photograph in whatever media it appears, such as in a newspaper, billboard, or website. “Collateral” use is when the photographs appear in a publication that the Client produces, such as in a magazine, annual report, brochure, pamphlet, poster, or web site, and whose audience is employees, customers, shareholders, or the general public. “Photographs” are images created as a part of the project as agreed to by the Company and the Client.
Unless otherwise agreed upon, the Client shall make full payment on receipt of invoice before final images are released.
Invoiced orders payment terms are net 30 days. Late payments will be billed a $50 handling fee per month and 2% per month interest. Advance payment may be required prior to the shoot. Please make cheques payable to Carsten Arnold Photography.
Grant of any usage rights is conditioned upon receipt of payment in full. Non-payment constitutes Canadian and International Copyright infringement.
All of the Photographs created by the Company (both moving and still) are the sole and exclusive property of the Company. Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full. All rights not expressly granted shall be reserved by the Company. Modification of Photograph(s) and/or incorporation of Photograph(s) in any layout or concept shall not constitute Joint Work.
The Client does not own the Photographs and may not transfer them to other parties without the express written consent of the Company.
If the Client wishes to make any additional uses of the Photographs not covered in the initial agreement, the Client shall obtain permission from the Company and pay an additional fee to be agreed upon.
Cancellations and Postponements
If cancellation or rescheduling is necessary, please give us a minimum of 24 hours notice, otherwise the full amount of the shoot will be charged for expenses incurred and lost business opportunity. If a shoot is cancelled due to poor weather there is no additional charge, unless the Company has incurred expenses up to the time of cancellation.
Preparation for Photography
It is essential that the location to be photographed is prepared and ready upon the arrival of the Company. A location that has not been prepared will not be photographed and must be rescheduled.
If the location is not ready to be photographed when the Company arrives, we may choose to wait until the location is ready. Waiting, cleanup and staging assistance time, is invoiced on an hourly basis, or portion thereof, and added to the invoice. If the Company cannot complete the shoot during the allotted time and rescheduling is necessary, time and all expenses will be billed to the Client.
Travel – A travel fee applies for areas outside of Metro Vancouver. Travel fees may apply to Richmond, South Delta, West Vancouver, North Vancouver, Vancouver West, Langley, Fort Langley, South Surrey, Cloverdale, Aldergrove. Travel fees are charged out on a per kilometre rate, calculated both ways from the office of the Company.
Tolls – A toll fee/s may be applied to the Client’s invoice if the Company has to incur this expense when travelling to the Client’s location.
Parking – A parking fee may be applied to the Client’s invoice if the Company has to incur this expense to photograph the Client’s location.
Retouching – All final photos are colour corrected as per the Company calibrated monitors. The Company is not responsible for the Client’s monitor or printer colour interpretation. Any additional retouching requested by the Client will be invoiced.
The Client is responsible for the presence of an authorized representative at the shoot to approve the Company’s interpretation of the assignment. If a Client representative is not present, the Company’s interpretation shall be deemed acceptable.
The Client hereby indemnifies and holds the Company harmless against any and all liabilities, claims, and expenses, including reasonable lawyer’s fees arising from the Client’s use of the Company’s work. The Company similarly indemnifies the Client harmless against any and all liabilities, claims, and expenses, including lawyer’s fees, arising from the Company’s negligence.
Estimates are valid for 30 days.