If there has been a proposed estimate it is good for 30 days. If your assignment is a rush assignment please use the directed web page of this web site or estimate to calculate price.  If this form is signed and faxed back to Stanwycks Photography LLC, it is noted that the the outlined pricing, terms and business practices has been read and that this page has also been read outlining usages, rights and terms. Once approved and accepted by client, time is booked disabling other assignments at contracted time. If inclement weather prevails, said assignments or aerial flights will be cancelled with up to a 30% creative fee to client. If shoot time is cancelled by client, without inclement weather, kill fees will be applied at a rate of 75% and or deposit including creative fees with prior notice of up to 3 days. 100% of kill fees will be applied same day scheduled fees. All negatives or digital files remain the property of studio and on file for up to two years.  Buyouts of  images to be determined after said digital  or film images are processed and usages are determined. Image(s) values are established by recurrent value that said images produce for said client depending on what venues client chooses to pursue. Package pricing with time limited usage fees can sometimes be more cost effective than client perusing a buyout for said images.

1.) DEFINITIONS: This agreement is by and between, VICKI STANWYCKS Photographer/Stanwycks Photography L.L.C./Headshots International/ Neworleansphoto.com/ and the commissioning party, (“Client”, named on the face of this Agreement, including Client’s Representatives).  Photographer’s relationship with Client is that of an independent contractor. “Image” or “Image(s)” refers to the photographic or any other form of images/materials delivered by Photographer to client.  Photographer/studio shall be considered the sole author of the image(s).  The image(s) shall be the photographer’s interpretation, rather than a literal re-creation of any concepts or layouts provided by client or client’s representative.  “Assignment” refers to the Photography Assignment described on the face of this Agreement to perform pursuant to this Agreement. 

2.) FEES, CHARGES AND EXPENSES: Client and Client’s representatives are jointly and severally responsible for full payment of all fees, charges and expenses.  The rights licensed, fees charges and expenses listed on this Agreement only apply to the original Assignment description.  Additional compensation is required for any subsequent changes, additions or variations requested by Client.

3.) POSTPONEMENTS AND CANCELLATIONS: If Client postpones or cancels any scheduled assignment or “shoot date”, in whole or in part, without first obtaining Photographer’s written consent, Client shall pay Photographer 75% of Photographer’s fees and, or, deposit fee with notice  for no less than three days prior to assignment date. If client postpones or cancels with less than 1.25  business days prior written notice to Photographer, Client shall pay 100% of Photographer’s shoot fees.  Client shall in any event pay all expenses and charges incurred in connection with any postponed or canceled assignment or shoot date.

4.) WEATHER DELAYS: Client will pay 100% of Photographer’s daily weather delay fees (as set forth in estimate) for any delays due to weather conditions or Acts of God, plus all charges and expenses incurred.

5.) CLIENT APPROVAL: Client is responsible for having its authorized representative present during all “shooting” phases of the assignment to approve Photographer’s interpretation of the assignment.  If no representative is present, Photographer’s interpretation shall be accepted without question by said client.  Client shall be bound by all approvals and job changes made by Client’s representatives prior to shoot and or during assignment commencement, before, during and after.

 6.) OVERTIME: In the event any Assignment extends beyond eight  (8) consecutive hours in one day,  Photographer will charge overtime for photo crew members at the rate of one and one half (1-1/2) times their hourly rate or fee as deemed per outlined rates in estimate or shooting scheduled fees.

7.) RESHOOTS: Client will be required to pay 100% of Photographer’s fee, charges and expenses for any reshoot requested by Client.  If the Image(s) becomes lost or unusable by reason of defects, damage, equipment malfunction, processing, or other technical error prior to delivery of the Image(s) to the Client, Photographer will reshoot without additional fees, provided Client advances and pays all charges and or expenses for the reshoot, and pays all fees, charges and expenses for the initial Assignment. Photography is not an exact science and things can go wrong with equipment, third party services, photographic and digital media venues, e.g.. the internet, airborne express, lab, etc... and is by this agreement held harmless if any such instances occur including time sensitive assignments. However, Stanwycks photography holds true to the code of ethics set forth by the Professional Photographers of America.

 8.) INDEMNITY: Client shall indemnify, defend and hold Photographer and Photographer’s representatives harmless from any and all claims, liabilities, damages, and expenses including actual attorneys’ fees and court costs arising from Client’s use of the Image(s) or from Photographer’s reliance on any representations, instructions, or materials provided or approved by the Client.

 9.)  RIGHTS LICENSED: The right to reproduce or use any Image(s) in any manner is conditioned on Photographer’s receipt of full payment and on use of copyright notice on all copies of said Image(s).  Unless otherwise expressly stated on the front of this Agreement, the duration of any license is one-year from the date of Photographer’s invoice and is for English language use in the United States of America only.  All rights of every kind and nature in any and all media whether now known or hereafter developed, that are not expressly licensed or transferred in this Agreement are reserved by Photographer; including, without limitation, the right to use any Image in whole or in part in any form of derivative or collective works of any nature whatsoever. Photographer has the right to use created images, any Image in whole or in part in any form of derivative or collective works of any nature whatsoever for the purpose of self promotion, throughout multi media venues as deemed necessary for promoting further work in and only a respectable manner. Photographer/Studio may not sell any image for profit to any venue unless otherwise granted permission by said client or unless assignment is photographed with future photographic stock options as deemed by photographer and client.  No usage license is valid unless signed by Photographer/Studio.  No rights licensed may be assigned or transferred in any manner without Photographer/Studio prior written consent.

10.) RETURN OF IMAGES (if so deemed) Client assumes all risk for all Image(s) delivered by Photographer to Client from the time of Client’s receipt, to the time of the safe return receipt of the Image(s) to the possession and control of Photographer.  If no return date appears on the front of this Agreement or on any related delivery memo, Client shall return all Image(s) in an undamaged, unaltered and unretouched condition within 30 days after first publication or use of the Image(s)

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 IMAGE IS $1,500.00.  Once original Image(s) are lost or damaged it is extremely difficult and impracticable to fix their exact individual value.  Accordingly, Photographer and Client agree that the reasonable liquidated value of each original Image is $1,500.00.  Client agrees to pay Photographer $1,500.00 for each lost or damaged original Image and Photographer agrees to limit Photographer’s claim to that amount without regard to the actual value of the Image.

12.) PAYMENT AND COLLECTION TERMS: Invoices from Photographer are payable upon receipt by Client. Depending on said assignment pre & post production expenses must be advanced to photographer to pay for start up supplies as are necessary.  Any checks submitted for payment to Photographer by client, and returned for insufficient funds, will be charged a $200.00 fee plus damages incurred to photographer.  In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover their actual attorneys’ fees, court costs and the maximum interest rate allowable by law. No lawsuits pertaining to any matter arising under or growing out of this Agreement shall be instituted in any other state other than the state of Photographer’s principal place of business, New Orleans, Louisiana, USA.

13.)  SALES, USE, OR TRANSIT TAX: Client is responsible for full payment of all applicable sales, use or similar taxes and for any subsequent assessment made by sales, use or other tax authorities in connection with the Assignment and/or the Image(s).

14.)  RELEASES: NO MODEL, PROPERTY OR OTHER RELEASE EXISTS FOR ANY IMAGE(S) UNLESS PHOTOGRAPHER SUBMITS A SEPARATE SIGNED RELEASE TO CLIENT. Clients if contracted to photograph said subjects must sign model releases. It is the clients responsibility to make sure all said subjects from said firms sign such releases. In the event that this request is not obtainable Photographer/Studio is not held responsible for such usages and is held harmless from and said uses by said client.

15.)  ELECTRONIC DATA: Client shall not electronically or by any other means, methods or processes, whether now known or hereafter developed, in any manner use, scan, reproduce or copy any Image in whole or in part except as may be otherwise expressly stated on the front of this Agreement.  Client shall not electronically or by any other means, methods or processes, whether now known or hereafter developed, in any manner retain, store, use or alter any Image created by studio in whole or in part by any other individual, except as may be otherwise expressly stated on the front of this Agreement or later agreement in the case of image buyouts.

16.) MODIFICATIONS, GOVERNING LAW AND MISCELLANEOUS:    This Agreement sets forth the entire understanding and agreement between Photographer and Client regarding the Assignment and/or the Image(s).  This Agreement supersedes any and all other prior representations and agreement regarding the Assignment and/or the Image(s), whether written or verbal.  Neither Photographer nor Client shall be bound by any, term, condition, representation, warranty, or provision other than expressly stated in this Agreement. Purchase orders shall be refereed to this document and included.  No waiver or modification may be made to any term or condition contained in this Agreement unless in writing and signed by Photographer/Studio.  Waiver of any one provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement unless stated by photographer/Studio.  Any objections to the terms of this Agreement must be made in writing and delivered to Photographer within ten (10) days of the receipt of this Agreement by Client or Client’s representative, or this Agreement shall be binding.  No Image(s) however may be used in any manner without Photographer’s prior written consent, and Client’s holding, reproduction or use of any Image(s) n any manner constitutes Client’s complete acceptance of this Agreement.  The formation, interpretation, and performance of this Agreement shall be governed by the law of the State of Photographer’s principal place of business, excluding the conflict of laws, rules in the state of photographer’s principal place of business.  All paragraph captions are for reference only, and shall not be considered in construing this Agreement.  This Agreement shall be construed in accordance with its terms and shall not be construed more favorable for or more strongly against Photographer/Studio or Client.

17) All images photographed by Stanwycks Photography, Headshots International, Neworleansphoto.com are made with technical knowledge, skill, experience and the proper educational background to produce photographs of commercial nature. Photographer/Studio only photographs assignments as deemed professional with usages that are only of respectable content. Any assignments that do not incorporate respectable content with respect to art are not accepted. We reserve the right not to accept assignments that are outlined in this manner;  if at commencement requests are made that are not in the outlined mention --respectful content-- the Photographer/Studio reserves the right to walk away from site, job or location with full mandatory payment for rates initially outlined not including expenses. When photographer of Stanwycks Photography LLC is contracted to shoot pictures of said assignment and "other" persons including photographers, people, anyone is photographing the same subjects and "set ups" as contracted photographer/studio, we reserve the right to leave said assignment without completed photos and  payment is mandatory to photographer/studio as outlined above.