Terms and Conditions

We will always do our best to fulfill and hopefully even exceed your photography and travel information needs. But it’s often best for everyone to have a few things written down so that we both know who, what, where, when and how.

As is the industry standard, all our photography is conditioned upon the Terms and Conditions of our business. These terms may vary with each photo assignment. Photography clients will always receive exact details in advance of your proposed photography project. A Terms and Conditions list, which is not as ominous as it may sound, will be included with every estimate and proposal.

––––––––––––––––––––––––––––––

You may already have a relationship with an advertising agency, graphic design company, marketing agency or public relations agency. That’s great because we’re not any of those things. We produce photography and travel itineraries and we’re happy to help you with either related issues. But we’re not qualified to help with such things as advertising layouts, website design, graphic design, marketing or public relations campaigns.

––––––––––––––––––––––––––––––

1. DEFINITION:

“Image(s)” means the photographic material, whether still or moving, created by Photographer and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.

2. USAGE RIGHTS and OWNERSHIP:

Henderson Productions (Photographer) is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Client appear in a formal agreement to be signed by both parties.  No electronic publishing, or Internet use, of any kind is permitted unless specifically stated.

OUR IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.

Clients understand and agree that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified in a mutual agreement.  Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee.

Unless otherwise agreed, any rights granted are always limited, non-exclusive, non-sublicensable, non-transferable and non-assignable. Image(s) may not be used in a logo, corporate identity, trademark or other service mark.

The use of any Image(s) by any Client will not constitute a work of joint authorship.

Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.

Unless otherwise agreed, Photographer retains the right to use the Image(s) for his self-promotion.

3. PHOTOGRAPHIC INTEGRITY and ALTERATIONS:

No one is authorized to make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for color, contrast, brightness, sharpness, and cropping, are permitted.

Any alteration or modification of any Image(s) will not constitute a work of joint authorship.

4. GENERAL LIABILITY and RELEASES:

Photographer is not responsible for obtaining model, property, trademark, copyright, or any other, releases in connection with the Image(s) unless specifically stated in a mutual agreement. It is Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.

Should Photographer agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release.

UNLESS OTHERWISE AGREED, THE USE OF ANY IMAGE(S) PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE.

Where usage rights before full payment are granted, Photographer reserves the right to rescind any such usage rights if Client fails to make timely payment.

6. CREDIT LINE and COPYRIGHT NOTICE:

Placement of a credit line or copyright notice is required only if specified in a mutual agreement.  If a credit line or copyright notice is required but not actually provided, Client agrees that the amount of DOUBLE THE INVOICE TOTAL is the fair and reasonable compensation that will be paid to Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.