We still believe that a verbal agreement and handshake ought to make for good business. Still, since all frustration comes from unmet expectations we figure starting to meet those expectations by providing some legalese, aka, “Visual Works Terms and Conditions”. As with all aspects of our business, flexibility is the name of the game. In the decades we’ve done imaging for clients, we’ve never had a problem with any of this. So here you go, our current terms and conditions mentioned on your invoice. Questions? Just let us know. No doubt we can work something out.

1. DEFINITION: This agreement is between the author of the imaging content, named variously as but not limited to “Director”, “Photographer”, “Videographer”, “Director of Photography”, “DP”, or authorized “Representative” and the “Client” who is the commissioning party which may or may not be represented by an advertising agency represents for the purpose of this agreement.
2. QUOTED FEES AND EXPENSES: The fees and expenses quoted are for the original layout and job description only and for the uses agreed. Any changes are subject to separate agreement. The Client, and its advertising agency where applicable, are jointly and severally responsible for payment of fees and expenses. Any changes in scope of work made during the shoot can be agreed to verbally. That will constitute an agreement in change of either fees or expenses, and will be reflected in the final invoice.
3. CANCELLATIONS AND POSTPONEMENTS: The Client is responsible for payment of all expenses incurred up to the time of cancellation or postponement, plus 50% of the Director’s fee(s). If notice of cancellation or postponement is given less than two business days before the shoot date, the Client will be charged 100% of the fee(s). Weather postponements: Unless otherwise arranged, the Client will be charged 100% the fee(s) if postponement is required due to weather conditions on locations and 50% the fee(s) if postponement occurs before departure to location.
4. CLIENT REPRESENTATION: The Client is responsible for presence of an authorized representative at the shoot to approve the Director’s interpretation of the assignment. If the Client representative is not present, the Director’s interpretation shall be deemed acceptable.
5. OVERTIME: In the event that a shoot extends beyond twelve consecutive hours, the Director may charge for such excess time of assistants and freelance staff at the rate of one-and-one-half their hourly rate.
6. RESHOOTS: (a) The Director will charge 100% fee and expenses for any reshoot required by the Client. (b) For any reshoot required because of an act of God or the fault of a third party, Director will charge no additional fee and Client shall pay all expenses. (c) If the Director charges for special contingency insurance and is paid in full for the shoot, the Client shall not be charged for any expenses covered by Insurance. A list of exclusions form such insurance will be provided on request.
7. INDEMNITY: The Client shall indemnify the Director and Director’s Representatives, Agents, Contractors, et al, against any claims and damages, including reasonable counsel fees, arising from the Client’s use of the photographs and the Director’s and Director’s Representatives, Agents, Contractors, et al, use of material or instructions of the Client.
8. GRANT OF RIGHTS AND COPYRIGHT NOTICE: Grant of any reproduction rights is conditioned upon receipt of payment in full and use of proper copyright notice. All rights not expressly granted remain the exclusive property of the Director. Unless otherwise stated on the face of this invoice, duration of the grant of rights is one year from invoice date and limited to use in the United States of America.
9. RETURN OF VISUALS: Unless otherwise stated, all original data or film (if used) must be returned to the Director in its original unaltered condition by date of first publication and no other use, other than reproduction, may be made with these originals. If data or physical imaging deliverables are lost or damaged while in the custody of the Client, the Client agrees to pay the Photographer $1,500 per original physical deliverable. If images are digital, client must delete all files and associated imagery after terms have expired.
10. TERMS OF PAYMENT: Invoices are payable upon receipt. A re-billing fee of $75.00 is applied on any balances unpaid after 30 days, and for each additional 30 day period in which an unpaid invoice is rebilled.
11. MISCELLANEOUS: The Client may not assign or transfer the rights licensed herein. Any modifications of these terms must be in writing and signed by each party. This agreement is made under and shall be governed by the laws of the state of Colorado.
12. PROPERTY RELEASE: Payment of invoice will further constitute a property release if the owners of the property are named on the invoice.
13. CHANGES IN TERMS AND CONDITIONS: Any changes to the above T&C must be made in writing and signed by both parties, BEFORE the invoice will be issued.
14. ETC: Did we miss anything? Need something specific, or an amendment? Just let us know and we can work out the details. No need for pole vaulting over mouse turds, right?