PHOTOGRAPHY LICENSE TERMS AND CONDITIONS
“The Photographer” is Ginger Ovnicek. “The Client” is any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Acceptance of Terms and Conditions:
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
The content and images used on this website are the property of and copyright by Ginger Ovnicek, dba Capture the Moment (CTM) Photography. Certain images may be utilized on other websites under the control of the photographer and/or CTM Photography. No images or content may be copied, duplicated or otherwise taken from the website without express written permission from CTM Photography and/or the creator of the work.
a. For all non-account Clients, payment for all products and services provided by the Photographer must be made upon completion of the assignment.
b. For authorized account holders, payment of the Photographer’s invoice must be made within 30 days of the date of that invoice. The Photographer reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Photographer’s invoice(s) within 30 days.
c. A deposit of 50% of the total amount of the contract may be expected for scheduled events. The deposit will be at the discretion of the Photographer at the time of contract signing and is usually necessary for events that are scheduled some time out.
d. The photographer reserves the right to charge interest on all overdue invoices at a rate of 3%
Retention of Title:
The Photographer reserves the right to retain all of the Client’s materials in her possession until all monies owed to the Photographer have been paid in full. Furthermore, the license to reproduce images created by the Photographer will also be revoked until payment has been made.
Payment for services is due upon completion of the work.
Example: A photographer is assigned to a project and arrives at your location to perform work as agreed. Upon completion of the work you will be invoiced and payment is due. Payment can be made by check or other means agreed prior to the shoot.
If a deposit was taken prior to the work, the amount of that deposit will be shown as a credit on the invoice. Deposits may be required for larger projects or projects involving rental equipment or travel beyond 150 miles one-way or overnight travel.
a. Booking Days: The Photographer may be booked by the Day (eight (8) hours), Half-Day (four (4) hours), or the Hour. The minimum hourly booking is two (0.5) hours.
b. Confirmed Bookings: All day bookings are computed at eight (8) working hours. Before 8:00 AM and after 6:00 PM or after eight (8) consecutive working hours, time and a half will be charged, unless arrangements have been made in advance.
c. Travel Time: Travel time is computed at Half-Day rate if booking time is less than a half-day and travel time exceeds sixty (60) minutes or out of Fremont County for out-of-town locations, travel time to and from bookings is charged at half the day rate, unless arrangements have been made in advance.
Cancellations less than twenty-four (24) hours (one working day) in advance may be charged a full session fee. Cancellations of trips, or full week confirmed bookings must be made one week prior to the booking, otherwise a full fee will be charged and full reimbursement may be expected. (e.g. costs incurred from transportation, airplane, etc.)
Completion of the work:
Work is complete when the photographer provides the client with agreed material purchased. This includes a CD or DVD, access to a web gallery, and or prints containing all of the RAW or JPEG images photographed on behalf of the client. Contact sheets can be provided by request prior to the day of the shoot for an additional charge. Our product is provided in both digital media and print. A web based gallery of images taken for you will be created for the approval purposes unless a contact sheet is requested. Access to web galleries is restricted to clients only. Images may not be copied from the web gallery or used in any form, without express written permission.
The Client shall be responsible for the behavior of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if she deems the Client’s behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to charge her full fees and expenses as described above of these Terms and Conditions. The Client will fully reimburse the Photographer or her agents for any loss/damage they cause to property or equipment.
Delivery of Products and Services:
The supply of products and services are provided by the Photographer on a best endeavors basis. The Photographer will not be liable for delays that are beyond her reasonable control. The Photographer shall use reasonable endeavors to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of her obligations which were due to causes beyond her reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
Prices & Terms:
a. All prices shown within the Photographer’s price list are subject to change without prior notice.
b. The Photographer reserves the right to amend these Terms and Conditions without prior notice.
In accordance with the United States Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. Ginger Ovnicek & CTM Photography retains all copyright benefit for all images created by our photographers forever. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorization, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer unless written authorization is given by the photographer. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms. This means, if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image at the current market rate as determined by the use at the time.
Example #1: You send a magazine an image created by a photographer from Capture the Moment Photography, the magazine pays you for the image. You owe Ginger Ovnicek Photography 100% of that payment + liquidated damages, on demand.
Example #2: You send an image created by a photographer from Ginger Ovnicek Photography to a commercial web-site for sale to the public or for other financial gain. You owe Ginger Ovnicek Photography 100% + liquidated damages of any and all income derived from use of that image.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. All we ask is a simple copyright statement be placed near or on the image, and notification of use is communicated to Ginger Ovnicek & CTM Photography. Non-commercial uses include personal web pages, and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, any other use that would be considered as commercial or financially beneficial to the user.
The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
The above conditions and terms constitute the full conditions and terms of any work agreement made between you (client) and Ginger Ovnicek Photography (CTM Photography) or any photographer assigned to you by Ginger Ovnicek & CTM Photography. By signing a contract for services, you agree to these terms, and agree to indemnify and hold harmless Ginger Ovnicek & CTM Photography, their agents and the heirs or assigns.