Commercial Photography Services Agreement
These are the terms and conditions we accept photography contracts under. We assume you have read through and agree to all terms below when you hire AeroMedia for your photography needs. If there is anything you disagree with, or need modified, please let us know prior to us commencing work on your project.
AeroMedia
5875 Walden Ridge Drive, SLC, UT 84123
(801) 819-8141
[email protected]
Terms for Commercial Photography
Agreement: This contract is between AeroMedia, hereinafter referred to as the “Licensor” or “Photographer”, and the CLIENT, inclusive of its heirs, successors, and representatives. Any titles or headers in this Agreement are strictly for clarity and do not influence the content.
1. Definitions and Terms
This Agreement is by and between AeroMedia (Licensor / Photographer) and CLIENT (Client), its heirs, successors and representatives. Licensor is an independent contractor, and that neither Licensor, nor Licensor’s employees or contract personnel are, or shall be deemed to be, employees of Client. “Image” or “Photograph” refers to the visual, in any form, including as digital information, supplied by Licensor to Client. “Service” refers to the photography, related digital or other post-production services Client is commissioning Licensor to perform. “Written consent” includes email correspondence if receipt of the email correspondence is confirmed. “Property” is the subject intended for photography, representing real assets owned or overseen by the Client. “Proofs” are preliminary, mostly unedited visuals sent to the Client to select their preferred final images.
AeroMedia Summary of Deliverables is available.
2. Direction and Interpretation
If the Client wishes to direct or approve the Photographer’s interpretation of the project, an authorized representative must be present during the shoot. In the absence of an authorized representative or specific written instructions, the Photographer’s interpretation of the project will be considered as correct, acceptable and final.
3. Photo Ready
“Photo-ready” refers to the state of the property as prepared by the Client, indicating it is set for photography. The Photographer’s role is to photograph the property as presented. Final responsibility for preparing the scene lies with the Client. Post-shoot software edits may incur additional charges.
4. Rejection
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of format, style, or composition. Disputes may lead to re-edit, reshoot, or partial refund with rights reversion.
5. Delivery and Usage
Images are delivered via online services (e.g., Dropbox, Google Drive, PixieSet). JPG format, 4000px long side, 72 dpi. Additional sizes/crops available upon request. No raw/unedited files provided. Proofs are not for public use.
6. Revisions & Additional Editing Fees
Two rounds of basic revisions are included per image. Additional or complex edits billed at $125/hour, minimum 30 minutes.
7. Alteration of Images
Client may only resize or crop unless otherwise agreed. No altering metadata or advanced edits without prior consent. Violations may breach the DMCA.
8. Payment
50% retainer + 100% travel required to reserve date. Final balance due within 14 days of invoice. Usage rights commence only upon full payment.
9. Rights
Licensor retains full copyright and all usage rights unless explicitly transferred. Client usage limited to licensed terms.
10. Licenses
Licenses are non-exclusive, U.S.-based, and valid for 3 years. Expired licenses require cessation of use. Client responsible for all deletion/removal costs.
11. Full Ownership
Licensor has full rights to all images and to enter this Agreement.
12. Release
No third-party model/property/trademark releases are implied without written proof.
13. Reshoots
Client pays for reshoots unless due to technical fault. If so, reshoot is done at no service charge but Client must cover expenses.
14. Contract Term
Terms remain valid for duration of the image license. Client loses all rights to images when license lapses.
15. Assignment
Client may not assign rights or obligations without Licensor’s written consent.
16. Termination & Cancellation
Photographer Cancellation: Refunds all fees, no additional liability.
Client Cancellation:
- 120 hrs: 10% + expenses
- <120 hrs: 25% + expenses
- <72 hrs: 50% + expenses
- <24 hrs: 100% + expenses
17. Client Confidentiality
Client confidentiality is protected. NDA-level discretion provided. Tail numbers will be blurred as requested.
18. Limitation of Liability
Client indemnifies Licensor for all damages or legal claims related to use. Licensor is not liable for incidental or consequential damages.
19. Force Majeure
Delays from uncontrollable events are excused for both parties.
20. Severability
Invalid clauses do not affect the remainder of the Agreement.
21. Default
Utah law governs this Agreement. Disputes handled in Utah. Prevailing party may recover legal fees.
22. Modification & Miscellaneous
This Agreement is the entire understanding. No changes valid unless written and signed by both parties.
Thank you for choosing AeroMedia. We’re proud to deliver high-caliber aviation photography that respects your brand and your business.
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