Terms of service.

The subject of the agreement is the creation and release of photographs for the contractually agreed purpose.

Agreement - An agreement between Sabine Zoltnere (hereafter “Photographer”) and the client (hereafter “Client”), governs the assignment described in an accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning that assignment.

Estimates - The fees quoted by the Photographer are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses, which may be greater or less, will be invoiced. VAT is not included in the estimate. Any applicable VAT will be added at the time of invoice.

Definitions - “Publicity” use is when the Client submits photographs to an outside publication (whether print or electronic) for editorial use and the Client (or their Client) is not paying for that use. “Advertising” use is when the Client (or their Client) is paying for the placement of a photograph in whatever media it appears, such as in a magazine, billboard, website, or similar. “Collateral” use is when the photographs appear in a publication that the Client produces, such as a magazine, annual report, brochure, pamphlet, poster, or website, and whose audience are employees, customers, shareholders, or the general public.

Payment - The client shall make payment within 14 days of the invoice. Late payments will be billed a €50.00/month handling fee and 10%/month interest. An advance payment may be required to initiate production.

Expenses - Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.

Copyright - All of the Photographs created by the Photographer (both moving and still) and their copyright are the sole and exclusive property of the Photographer. Grant of any usage rights to the Client is conditional upon receipt of payment in full. All rights not expressly granted shall be reserved by the Photographer. If Client wishes to make any additional uses of the photographs not covered in the initial agreement, Client shall obtain permission from the Photographer and pay an additional fee to be agreed upon.

Cancellations, weather, postponements - In the event of a cancellation or postponement of a shoot by the Client at any time after shoot confirmation, the Client shall pay all expenses incurred by the Photographer up to the time of cancellation.  If a shoot is canceled less than 48h before the agreed start time, the client will be charged 50% of the estimate. If a shoot is postponed due to weather, the Client will be responsible for all crew fees and expenses incurred on each Weather Day. In the unlikely event that a re-shoot is necessary, further costs may apply and can be discussed at a later time if needed.

Client Representation - The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer’s interpretation of the assignment. If a Client representative is not present, the Photographer’s interpretation shall be deemed acceptable.

Indemnification - Client hereby indemnifies and holds the Photographer harmless against any and all liabilities, claims, and expenses, including reasonable lawyer’s fees, arising from Client’s use of Photographer’s work. The Photographer similarly indemnifies and holds Client harmless against any and all liabilities, claims, and expenses, including reasonable lawyer’s fees, arising from Photographer’s negligence.

Turnaround time – Shoot processing for client review, select(s) processed for release, and all retouched files will be delivered in a timely fashion, within a mutually agreed upon schedule.

Post-production – 2 rounds of amends included in the fee. Any additional retouching required by the Client, not written in the “Job Description”, will be billed at 100.00€ per hour.

Expiration – Estimates are valid for 15 days unless signed by both parties.