Veronica Rodriguez

TERMS & CONDITIONS.

DEFINITIONS

For the purposes of this agreement the ‘’Client” is the party commissioning the ‘’Photographer’’.

“Product/Service” is the particular product or service that the Imagery will be used to promote/endorse. “Imagery” means all material furnished by the Photographer, whether electronic or physical, negatives or prints, still or moving image.

‘’Fees’’ means Photographer’s Fees as set out in the quote and Invoice.

“Expenses’’ means any costs necessary to produce the images aside from Fees.

‘’Invoice’’ means the document prepared by the photographer invoicing the Fees and reconciled Expenses.

“Usage Licence’’ is the licence granting specific reproduction rights to the Photographs and outlined on the invoice.

By hiring Veronica Rodriguez for photographs, products, services, etc. you, the Client, agree to the following terms and conditions in perpetuity.

APPLICATION OF TERMS

These terms and conditions will prevail over any varying terms or conditions in Clients purchase order or other document supplied by the Client or Client’s third parties, or implied by law, trade custom or course of dealing.

COPYRIGHT

The Photographer owns the entire copyright of the images, at all times throughout the world, unless agreed on a All Rights basis and a fee paid by the Client. The Client is not allowed to pass on or sell the images to a third party without prior written consent by the Photographer or the Copyright is purchased.

Fees are based on a Usage Licence specified at the time of commissioning.

RIGHT TO CREDIT

The photographer must be credited in all editorial uses and in other cases if stated on the estimate. If published or used on social media, a photography credit must be given to Veronica Rodriguez within the comments section and also tagged on the image ‘@vr_interior_photography’.

If an image is used without licence (an infringement) the photographer reserves the right to charge 100% uplift for non credit in addition to the licence fee which would have been applicable. As this is a breach of moral rights to be identified as the author of the works.

LICENCE TO USE IMAGES

The licence becomes active once full payment of the relevant invoice is received.

Licence Usage: The Client is entitled to use the images on own website, social media and own marketing material. The images are to be credited to the Photographer.

The Client is not allowed to share the images with other parties without written consent from the photographer. Sharing images without such written consent will constitute as a breach of Copyright.

Permission from the Photographer is needed if the pictures are to be printed in magazines or books.

The Photographer retains the right in all cases to use the Imagery at any time (unless an embargo is agreed with Client at time of confirming the job) for the purposes of promoting her work, this includes but is not limited to the photographers printed portfolios, picture libraries, all online usage including websites, blogs, social media by photographer, awards and printed editorial in magazines and books.

After the exclusivity period indicated in the Usage Licence the Photographer shall be entitled to use and licence others to use the Photographs for any purposes. Fees negotiated for any further uses licenced will not be conditional on the exercise of the further rights granted and will be payable when invoiced. Any usage extensions must be negotiated with the Photographer.

RELEASES & MEDIA PASSES.

The Client is responsible for obtaining the relevant property releases and permissions required to facilitate the photo-shoot and usage of images. The Client will indemnify the Photographer for any damage, legal cost and expenses that may arise as failure to obtain such clearances and permissions.

RETOUCHING

Post-production of images will include a white balance, colour corrections and basic spot removal. Any extra re touching required will incur a fee. Please see price list.

DELIVERY OF IMAGES

The images will be supplied to the Client using ‘We Transfer’, a digital file transfer service. In the case of large digital files TIFF being required, they can be copied onto a media device and posted to the Client.

ASSUMPTION OF RISK

The Client is responsible for the safe keeping of the images and assumes all responsibility for any loss or damage once the images have been transferred to the client.

STORAGE OF IMAGES.

The Photographer will store the images for two years.

CANCELLATION & RESCHEDULING.

Once a booking is made, the Photographer reserves the right to charge a cancellation/rescheduling fee. A cancellation or rescheduling fee of 30% of booking fee applies if notice is given within 7 days of the scheduled booking.

A fee of 50% of the booking fee is applied if notice is given within 3 days.

A fee of 100% of the booking fee is applied if notice is given within 2 days.

PAYMENT & LATE PAYMENT FEES.

Payment is required within 15 days from invoicing. In the event of payment being late, without prior notification, the Photographer reserves the right to apply a fee of £10 per day being late to the original invoice.

INDEMNITY

The Photographer shall only be responsible for obtaining clearance in respect of third party copyright works, trademarks, designs or other intellectual property if this has been expressly agreed in writing before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. By scheduling a shoot with the photographer, the Client and property owner agree to property photography release without signature. Client or representative of Client should be present at the shoot to give access to property and discuss shots needed and other considerations and requests. If the Client cannot be present, then a written brief to specify exact shots desired must be delivered no later than 24 hours prior to the shoot. Directions or briefs will not be accepted over the phone.

LIABILITY

Photographer’s liability in any case is limited to professional fees, which have been agreed. Photographer or Agent shall not be liable to Client for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims that arise out of or in connection with the Shoot.

THIRD PARTIES & LICENCING IMAGES

INCLUDING THIRD PARTIES

In some instances it is possible to share the costs of the shoot with third parties and include them in the commission for an extra fee, at a discounted rate. This is at the discretion of the photographer. Including third parties in the commission has to be confirmed before the commission takes place. The photographer reserves the right to not allow shared commissions.

LICENCING IMAGES AFTER THE COMMISSION

The reproduction by whatever means of the whole or part of any Image including, without limitation, slide projection, artist's reference, artist's illustration, layout or presentation of Images is strictly forbidden without our specific written permission.  You must inform the photographer of your proposals as to when and how an Image is intended to be used.  The photographer will then consider whether she would wish to grant a licence and, if so, on what terms.

Unless a third party has been included in the commission (at a discounted rate), all third party contractors, partners and suppliers are required to arrange their own licence per image after the shoot. Permission is always sought from the commissioning client to avoid conflicts of interest. The licence fee per image depends upon the usage requirements.

The minimum fee per image is £ 250 limited to professional consultants involved within the construction industry such as engineers, planning consultants etc. This licence is normally provided in perpetuity on the condition the photographer is credited. UK use only.

If a credit is not possible, the licence fee increases by 100%.

Companies such as product manufacturers or companies in the corporate sector who have more complicated usage requirements and larger audiences will be required to pay fees according to usage, duration and territory. For example if they need to share the image with distributors in different countries and use the image without credit. Please enquire with the photographer according to usage requirements. Licence fees are linked to usage, each company may have unique requirements with different media usages and different regions.

CONFIDENTIALITY

It shall be the sole responsibility of the Client to arrange for the Photographer or any third party involved to enter into any confidentiality agreement. The Photographer cannot be held liable for any breach of confidentiality by any third party.

APPLICABLE LAW

This agreement shall be governed by the laws of England & Wales and are subject to the exclusive jurisdiction of the English Courts, to whom all parties submit.

VARIATION

These Terms and Conditions shall not be varied except by agreement in writing.