PHOTOGRAPHY TERMS OF BUSINESS

In this agreement the terms

 

(a) Image includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving, video, or any other item which may be offered for the purposes of reproduction

(b) reproduction includes any form of publication or copying of the whole or part of any image and whether altered by printing, photography, slide projection (whether to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means

(c) the Client is the person or organization to whom the invoice is addressed (whether the Client is acting for a third party).

Responsibilities of the Client

  (a) Two (2) weeks’ notice is required for the specified shoot

  (b) If the client forgoes the photoshoot La Mejor Website is under no obligation to honor this time and the client accepts, they have forfeited their allocation for the session.

  (c) Foodie Shots is not responsible for the provision of food or product for the specified shoot

  (d) Client is aware the food provided for the session may or may not be able to be used for consumption.

  1. Copyright

  (a) The entire copyright in the images is retained by the photographer always representing La Mejor Website throughout the world.

  (b) La Mejor Website supplies the technical and artistic ability to illustrate an idea photographically and sells the right to reproduce those images in each context. No property or copyright in any images shall pass to the Client whether on its submission or on La Mejor Website grant of reproduction rights in respect thereof.

  (c) La Mejor Website asserts both its moral and legal right to be identified as the author of its work.

  (d) Unless otherwise agreed in writing if any image reproduced by the Client omits the copyright notice or credit line specified by La Mejor Website any fee payable by the Client shall be subject to an increase specified by La Mejor Website, and in any event an increase of not less than 25%

  (e) Unless otherwise specified, the copyright notice should read © Foodie Shots Photography

 

Reproduction

  (a) Reproduction rights (when granted) are strictly limited to the use and period of time specified on La Mejor Website invoice. An agreement must be reached with Foodie Shots Photography before the images are used for a different purpose or after the license to use has expired.

  (b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.

  (c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.

  (d) Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied.

  (e) Foodie Shots Photography reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client.

 

The following terms are used when describing the reproduction rights granted by Foodie Shots Photography to the Client

  (a) Internal Use: The right to use the images only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site.

  (b) PR and Press distribution: The right to use the images as described in 4(a); plus a license for third parties to reproduce such images in print or electronic media in an editorial context where no fee has been paid to guarantee publication.

  (c) Specified Use Only: The right to use the images once only for the purpose as described on the invoice.

  (d) Editorial: One reproduction only of images supplied within one print edition of the specified title in an editorial context only.

  (e) Personal or professional Use: use for own private, portfolio or personal and professional purposes, and must obtain permission from the photographer to use them for any publishing (including newspapers/ magazines/online publication etc.), commercial

purposes, or competitions as I/we do not own the copyright or license to use the photograph(s) for this purpose or any purpose outside of the license terms agreed.

 

Editing

 (a) Foodie Shots Photography will edit and deliver what it considers to be the best of every situation covered. LA Mejor Website makes no undertaking to keep any files not intended for use.

(b) No addition to, deletion from or alteration to or adaptation of an image may be made without the written permission of La Mejor Website.

 

7. (a) While La Mejor Website takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any image or its caption.

  (b) The Client agrees to indemnify Foodie Shots Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by La Mejor Website.

  (c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that La Mejor Website gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any image. If the image issued or reproduced by or with the authority of the Client then the Client shall indemnify Foodie Shots Photography against any loss or damage, proceedings, or costs where such rights, releases or consents have not been obtained.

In the event representatives of La Mejor Website feel a personal risk or property risk they will not be expected to continue offering their services nor will be liable to reproduce the event later.

This Agreement shall be subject to and constructed according to the law in California and the parties agree to accept the exclusive direction of Los Angeles County Courts. No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

 

Payments terms

As per invoice are to be adhered to or La Mejor Website have the right to refuse service. All payments must be in full previous start photoshoot. We accept debit and credit cards.

 

Cancellation

We understand things can change. If you need to cancel the subscription due to extreme circumstances, we will charge a 50% cancellation fee. Those who have paid upfront will receive a refund of the remaining 50% after cancellation fee.

 

Client Privacy

La Mejor Website will not disclose any client business information such as statistical data or other financial information obtained throughout the course of the contract. This information may be required to assess the value of services provided.

 

Timeframe of images

Delivery of pictures will be delivered immediately; edited pictures might take up to 2 weeks.

 

Delivery Method

Images will be delivered via online USB drive or SD Card. A total of 10 images will be provided fully edited. For studio sessions this is strictly one lifestyle session and 4 e-comm products or 10 e-comm products. On location Cafe/restaurants you can capture up to two (2) dishes excluding beverage and will receive a maximum of 10 images depending on complexity of the dish. This is at the discretion of the photographer. Any other item of photography is out of scope and can be discussed as a separate job.

 

Extra Edited Images

Can be purchased TBD.

 

License

The Client can use the images for the purpose of promoting its sole business. The license does extend to social media, online media, the publication of magazines or for billboards. A separate license can be purchase to account for the preparation and higher level of responsibility required.

 

Delivery of Work.

The photography captured during the photoshoot will be entirely delivered to the client right after the session, client have the option of 10 professional retouched pictures included in the cost of the photoshoot. The client has a maximum of 48 hours to send the selected images for editing. The editing progress might require time depending of the difficulty of the photos selected.