Hence forth the following definition of words will apply:
- “Photographer” refers to the person or organisation requested to take and supply the photographs. In this instance the Photographer is Tessa Barnes who also owns all copyright on all Photographs produced by the employees and subcontractors of Tessa B Photography whilst in her employee.
- “Photographs” refers to all photographic material, in film, print or electronic formats supplied by the photographer.
- “Client” refers to the person or organisation, its representatives, successors, assignees, agents and affiliates requesting the provision of photographic services and supply of photographs.
- “the site” or “site” = http://tessabarnes.com
- “we” or “us” = Tessa Barnes or Tessa B Photography,
- “member” or “members” = Any person registered as a member on the site
- “you” or “your” = You as a member of the public making use of this site
- ”the company” or “company” = Tessa B Photography
- USAGE RIGHTS AND LICENSING
- An Exclusive License is granted to the Client for the usage specified in the brief, estimate or order confirmation. This Exclusive License is conditioned upon acceptance of each term set forth in this agreement, including but not limited to, receipt of payment in full by the Photographer within the payment period agreed.
- Unless otherwise stated the duration of the license shall be six times the duration of the publication for editorial work, or 90 days, whichever comes first.
- All rights not expressly granted to the Client remain the exclusive property of the Photographer.
- The Client may not transfer or assign this Exclusive License without the express written consent of the Photographer.
- FIRST COPYRIGHT OWNERSHIP
The client recognises that the Photographer is the author of the Photographs and the owner of the copyright subsisting in them, irrespective of the stipulations of Sects 21 (1)(c) and 21 (1)(e), with amendments, of the South African Copyright Act No 98 1978 as amended.
- In accordance with section 21 (1)(e) of the South African Copyright Act No 98 of 1978 as amended, the provisions of Section 21 (1)(c) shall NOT apply to the photograph(s) to be made in terms hereof and the photographer will be the author of the work(s) and the copyright subsisting therein.
- Tessa Barnes supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given context. No property or copyright in any images shall pass to the Client whether on its submission, or on Tessa Barnes’ grant of reproduction rights in respect thereof.
- Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied.
- RAW or unedited images are not supplied. An application for the supply of RAW images can be made and temporary specific usages right may be purchased per image.
- An application for the supply of images for commercial use can be made and temporary specific usages right may be purchased per image.
- Unless otherwise agreed, a standard first payment of fifty percent (50%) of the daily fee and 100% of out of town expenses and 100% of any hire costs, including fees payable for any technicians essential to the shoot are payable before the assignment.
- Full payment must be received by the Photographer no later than the date of the event/booking.
- Final photographs will not be released before full payment has been made unless agreed before the shoot has commenced.
- If payment is not received by the due date, any use of the Photographs may, at the Photographer’s discretion, be considered unauthorised and the Exclusive License withdrawn and become subject to renegotiation.
- The Client agrees to pay interest at 2.5% above the prime rate per month or part thereof on overdue payments.
- All Photographs commissioned for personal use which will not be used in a publication must be paid for in full before usable copies of the photographs would be released to the client.
- ADDITIONAL EXPENSES
Where additional expenses are incurred by the photographer due to changes in the original brief by the Client or by circumstances beyond the Photographer’s control, the Client agrees to pay such reasonable expenses and/or fees at the Photographer’s normal rates.
- THE BRIEF
It is the client’s responsibility to give the photographer a full written brief. Where specific details are missing in the brief, the client undertakes to accept the photographer’s interpretation.
- THE ASSIGNMENT
The client is responsible for having a representative present at all times when the assignment is being executed to approve style and content. Where no representative is present, the client shall accept all decisions made by the photographer in relation to execution of the brief.
- DAILY RATES
It is always best to identify the extent of usage for the images before entering the agreement because this greatly affects price. Usages not requested at the time of the shoot can be renegotiated at a later stage.
- POSTPONEMENT AND CANCELLATION FEES
- The client is responsible for all expenses incurred up to the time of cancellation, plus 50% of the Photographer’s fee.
- If cancellation is given less than two (2) business days before the shoot, the client will be charged 100% fee.
- If postponement given less than two (2) business days before the shoot, the client will be charged 50% fee, but this will be waived if the shoot is re commissioned, unless otherwise agreed.
- The client will be charged 100% fee if postponement is due to weather conditions on location or 50% if postponement due to weather conditions is before departure. The client is responsible for taking out weather insurance.
- CREDIT LINE
For editorial use, Client agrees to provide a credit line in the form of “© Tessa Barnes Photography” in type no smaller than the nearest text and immediately adjacent to the picture used, unless agreed in writing prior to the shoot taking place.
The Photographer retains the right to use the Photographs in any manner, at any time and in any part of the world for self-promotional purposes. During the period of the Usage License granted in the Usage clause, the Client is authorised to publish the Photographs to the exclusion of all other persons other than the Photographer’s right to self-promotion as noted above. After the expiry of the Usage license, The Photographer shall be entitled to use the Photographs for any purpose including selling the photographs at his discretion unless requested not to in writing.
The Client has no right to reject work on the basis of style or composition unless a rejection fee has been agreed in advance.
- DISPUTE RESOLUTION
In the event of any irresolvable dispute in the interpretation of these terms, the Client agrees to submit the dispute to either an arbitration process or mediation process, at the photographer’s discretion.
- SHELF FEES
- If the client decides to shelve the project after the brief has been met and work has been delivered by the deadline date, full payment must be made.
- If the Photographs are not publishable, through no fault of the Photographer, the Client agrees to pay 100% of the Photographers account.
The Client agrees to indemnify and save harmless the Photographer against all liabilities, claims and legal costs arising out of the Client’s use of the Photographs. The client indemnifies the photographer against any claims brought against the photographer by any third party during the shoot.
In the event of non-payment or other breach of these terms by the Client, the Client shall pay all of the Photographers costs and expenses incurred in enforcement of the terms of this agreement, including the Photographer’s attorney’s fees.
No variation of these terms shall be recognised unless agreed in writing.
- MODEL RELEASE
In consideration of any remuneration received of which is acknowledged, The Client hereby gives the Photographer, his/her assigns, licensees, and legal representatives the irrevocable right to use the Client’s name (or any fictional name), picture, portrait, or photograph in all forms and media and in all manners, including composite or distorted representations, for advertising, trade, or any other lawful purposes, and waive any right to inspect or approve the finished product, including : written copy, that may be created in connection therewith. The Client acknowledges that he/she is of full age. This release will relates to all photographs taken of the Client or Client’s subjects. Copyright remains the intellectual property of the Photographer.
- APPLICABLE LAW
This agreement shall be governed by the laws of the Republic of South Africa, with the exception listed in Clause 2. FIRST COPYRIGHT OWNERSHIP above.
- OWNERSHIP of the websites
Site copyright © 2019 Tessa B Photography owned by Tessa Barnes. All rights reserved. The information and materials contained in this site, including text, photographs, graphics, links or other items, are provided on an “as is” and “as available” basis.