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Standard Terms and Conditions for Photography Assignments.

ALL ASSIGNMENTS ARE ACCEPTED SUBJECT TO THE TERMS AND CONDITIONS BELOW,
AND THE REPRODUCTION RIGHTS OR LICENSE ARE LIMITED AS FOLLOWS:


1. Definitions
For the purpose of this agreement "the client" shall be where the context so admits include their respective assignees, sublicencees and successors in title. "photographs" means all photographic material furnished after the assignment by Stef Libbrecht whether transparencies, negatives, prints or any other type of physical or electronic material.

2. Copyright
The copyright in the photographs is owned by and retained by Stef Libbrecht at all times throughout the world. The Client agrees that Stef Libbrecht is the sole author of the photographs.

3. Cancelations and postponement
(a) Fees: In the event that the client does not provide mutually agreed prior notice of Postponement and Cancellation, Client will pay 50% of Photographer's fee. If the notice of cancellation or postponement is given less than two business days before the shoot date, the client will pay 100% of the fee.
(b) Weather delay: Unless otherwise indicated on the face of the attached form, Client will be charged 100% fee if postponement is, due to weather conditions on location and 50% fee if postponement occurs before departure to location.
(c) Charges and expenses: Client will pay for all charges and expenses incurred as a result of cancellation, postponement, or weather delay.

4. Reshoots
The Photographer will charge 100% fee, charges and expenses for any reshoot required by Client.

5. Overtime: In the event that a shoot extends beyond eight consecutive hours Photographer may charge for overtime for assistants and freelance staff at
the rate of one-and-one-half times their hourly rate.

6. Licence to use
Unless otherwise stated on the face of the attached form(s) or corresponding Photographer's invoice, the duration of any license is one year from the date of the Photographer's invoice. Except as expressly licensed by Photographer in the Photographer's invoice, Stef Libbrecht reserves all other rights in and to the Image(s) of every kind and nature.

The client shall provide Photographer with two (2) copies without chargeof each use of each image.

7. Photographers promotional use
Where an exclusive licence is granted, Stef Libbrecht will at all times retain the right to use the photographs in any manner and in any part of the world for the purpose of advertising and promoting his work.

8. Ownership of materials
Title to all Photographs remains the property of Stef Libbrecht. When the Licence has expired the photographs will be returned to Stef Libbrecht.

9. No Alteration
No alteration or manipulation of the image may be made without the permission of Stef Libbrecht.

10. Clients materials
The client accepts full responsibility for any materials that they supply for use in the photographs and that the materials are adequately insured against loss, damage or liability.

11. LOSS OR DAMAGE: IN CASE OF LOSS OR DAMAGE OF ANY ORIGINAL IMAGE(S), CLIENT AND PHOTOGRAPHER AGREE THAT THE
REASONABLE VALUE OF EACH ORIGINAL FILM IMAGE IS 1,500.00 EURO. Client agrees to pay Photographer 1,500.00 EURO for each lost or damaged Original
Film Image if lost or damaged after client takes possession of said original film and Photographer agrees to limit Photographer's claim to that amount without regard to the actual value of the image.

12. Payment
Payment by the client will be required for the right to use the photographs as provided within 30 days of the issue of the relevant invoice. Late payment fees will become applicable for any unpaid money after that time. Where the work is estimated to exceed 3,000.00 EURO inc. materials & printing, a payment of 50% of the estimated total will be paid before the work commences.

13. Indemnity
Stef Libbrecht shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the photographs or other use by the client. The client shall indemnify Stef Libbrecht against any claims and/or damages against him as a result of the clients use of the photographs.

14. Client Approval
If the client is not present during the actual photography sessions then Stef Libbrecht interpretation of the assignment will be accepted. Unless a rejection fee is agreed in advance then there is no right of rejection.

15. Cancellation and postponements
Once Stef Libbrecht has been commissioned, The Client is responsible for payment of all expenses incurred up to the time of cancellation and Stef Libbrecht will be entitled to charge a fee for cancellation or postponement at their discretion.

16. Right to a credit
Stef Libbrechts' name will be printed in reasonable proximity to all published reproductions of the photographs unless agreed otherwise prior to the work commencing.

17. Client Confidentiality
Stef Libbrecht will keep confidentiality and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography save as may be reasonably necessary to enable him to carry out the work.

18. Variation
These terms shall not be varied except by agreement in writing.


19. MODIFICATIONS, GOVERNING LAW AND MISCELLANEOUS: No waiver or modification may be made to any one provision of the attached form(s)
or any corresponding invoice unless in writing and signed by Photographer. Waiver of any provision of the attached form(s) shall not be deemed to be a
waiver of any other provision of the attached form(s). Client's reproduction or use of any Image(s) in any manner whatsoever constitutes acceptance of the
terms stated on the attached form(s) and consequent Photographer's Invoice.

The formulation, interpretation, and performance of the attached form(s) shall be governed by the laws of the state of Photographer's principle place of business; Belgium. The attached form(s) shall be construed in accordance with theterms and shall not be construed more favorable for or more strongly against Photographer or Client.

FORM: Standard Terms. This form last revised 2008/07/06/. These terms apply as applicable to all photography, design and publishing project

SIGNATURES

 

 

Stef Libbrecht - Business and industrial Photographer, specialized in Maritime transport & Logistics (Stock) Photography