INTRODUCTION
This agreement constitutes an order for Product Photography /Videography services from Roger Seepersad (The Studio) and you (The Client). This includes the taking of pictures and / or videos at the dates and times agreed upon by both parties and specified in this contract.It is understood that the rights to any and all negatives, raw digital files, proofs, prints and videos generated from the event will remain the property of the Studio.
IN CASE OF EMERGENCY
We take extreme care in capturing, developing, processing, storing and delivering your images. However, in the event that the Studio is unable to comply with the obligations of this contract, for any reason, but not limited to events outside of the Studio's control, The Studio's liability shall be limited to a refund of all payments collected. This covers fire or other casualty, acts of God, nature, or terror, illness or injury. This limitation on liability shall also apply in the event that photographic / video materials are damaged in processing, lost through camera or computer malfunction, or otherwise lost or damaged Should the shoot be cancelled or postponed by the Client, all fees and deposits paid to the Studio are nonrefundable, unless the Studio is able to rebook the date and time committed for you, for an equal (or greater) contract.
OTHER PHOTOGRAPHERS/VIDEOGRAPHERS
It is difficult for the Studio to produce our best work when you have friends who are “helping” to get some pictures for you. It is understood and agreed that the Client will be responsible for asking anyone present to give the Studio exclusive access during the shoot. Of course, we don’t expect you to ask your guests or employees to put their cameras away and not take personal shots. We also understand that there may be times when pressand local media are allowed to work. We just ask that they do not hinder us from performing our job.
HOUSE RULES
If your shoot is at some official location and they have a “no photography policy” that we didn’t know about, the photographer is limited by the guidelines of site management. The Client agrees to accept the technical results of any imposition on the photographer. Negotiation with the officials for moderation of guidelines is The Client’s responsibility.
TRAVEL
The cost of your package will cover our travel costs for anywhere we can reach with our cars in Trinidad. Any other costs must be covered by You.
THE FEES
The Service Fee is the total amount due for the photography and / or video coverage you have chosen which covers photography, videography and basic post production. A deposit of 50% of the Service Fee is required in advance of the event. The remaining 50% of the Service Fee must be paid upon receipt of the images. The Print Fee covers the prints, and any other physical products you may order based on the event photos. The Print Fee must be paid upon the receipt of these products.
THE DEPOSIT
Upon the signing of this agreement by both parties, the Studio will reserve the time agreed upon and will not make another reservation for the specific time. For this reason, all deposits are non-refundable, even if the date is changed or the event becomes cancelled for any reason. A deposit of 50% of the Service Fee agreed upon, is due at the signing of this agreement and no photography, or reservation of the Studio’s time will take place,until the deposit is made.
DIGITAL FILES
Unless specifically requested, and agreed to in this contract, all images will be produced digitally. The Studio will provide the Client with the selected, and processed images at web quality via a secure online gallery, and the higher resolution files would be sent via email.
COPYRIGHT
Copyright remains with the Studio. Except as otherwise specifically provided in writing, all Photographs, Video footage and rights contained therein, including copyright, remain the sole and exclusive properties of the Studio. Except as otherwise specifically provided in writing, these properties may be used on the Studio's website, advertising, social media, or other promotional uses thought proper by the Studio, but will not be used for any financial gain without your permission and the permission of any property owners. The Studio agrees to release the rights to the Client to use the digital images / videos supplied for internal use only. Image files may be freely shared within your organization. However, DVDs provided to you will be copy-protected. The Studio agrees to provide the Client with prints as requested in this contract. The Client agrees that, except as otherwise specifically provided in writing, the Studio is the exclusive provider of printed materials from coverage of the event. Except otherwise specifically provided in writing, the materials (prints, videos, digital files) provided to the Client, may not be reprinted, sold, licensed, used to create derivative works, used in any form of promotional media or advertising, or any other form of media, regardless of financial gain. The Client agrees that any prints our other media provided, may only be displayed in the Client’s home or place of business and may not be duplicated. If you require any further prints or digital copies, The Studio is obligated to provide them to you, up to two (2) years after originally delivered, at additional cost to You, determined by the Studio.
LIABILITY
You assume full liability for your principles, employees, agents, affiliates, successors and assigns (including without limitation, messengers and freelance researchers) for loss, damage or misuse of the Photographs / Video. The Client shall indemnify The Studio and it’s photographers and videographers against all claims, liability, damages and expenses incurred by The Studio and it’s photographers and videographers in connection with any third party claim arising out of use of said material.