If you need photographs taken or would like to use any of the images on this website, please email me. Just let me know who you are and what you require, and I will do my best to accommodate your wishes and budget. I am always flexible and customer satisfaction is a must!
My hourly rate for shoots is €100 per hour. This includes digital processing (Photoshop) but not value added tax/goods and services tax, which comes to an additional 9% in accordance with Dutch fiscal law. My value added tax identification number is NL001473769B29.
All the images on this website are available as digital files at €65 per file and as A3 prints from €120 (including sales tax but excluding P & P) for a 40 x 30 cm image. Larger prints can also be ordered.
Terms and conditions
This Agreement is between Annie Wright Photography (“the Photographer”) and ….. (“the Client”) which includes the Client’s principals, employees, affiliates and representatives. The Client agrees that he or she has the legal authority to enter into this Agreement either individually or on behalf of his or her employer, company or organisation. The Photographer’s relationship with the Client is that of an independent contractor.
“Image(s)” means the photographic material, whether still or moving, created by the Photographer pursuant to this Agreement and includes, but is not limited to, digital files, prints, negatives or transparencies that were captured, recorded, stored or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.
- USAGE RIGHTS and OWNERSHIP:
The Client acknowledges that the 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 the Photographer without limitation. All usage rights to the Image(s) specifically granted by the Photographer to the Client are stated in the estimate and invoice. No electronic publishing, or Internet use, of any kind is permitted without the Photographer’s consent.
- IMAGES ARE LICENSED FOR SPECIFIC USE(S):
The Client understands and agrees that he or she is not buying the Image(s) but is paying only for a licence to use the Image(s) as specified on the estimate and invoice. The term of licence begins from the date the Photographer receives full payment of invoice.
Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. No Image(s) may be used in a logo, corporate identity, trademark or other service mark, without the Photographer’s express consent. This may also involve a fee.
The use of any Image(s) will not constitute a work of joint authorship.
Copyright metadata contained within any digital file may not be altered, or removed, without the Photographer’s express consent.
Unless otherwise agreed, the Photographer retains the right to use the Image(s) for self-promotion.
- PHOTOGRAPHIC INTEGRITY and ALTERATIONS:
The Client will not 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 Photographer’s express consent. Normal reproduction adjustments for colour, contrast, brightness, sharpness, and cropping, are permitted. Any alteration or modification of any Image(s) will not constitute a work of joint authorship.
- GENERAL LIABILITY and RELEASES:
The Client will indemnify, defend, and hold harmless, the Photographer, her contractors, and her representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising from the Client’s use of any Image(s).
The Photographer is not responsible for obtaining model, property, trademark, or other releases in connection with the Image(s) unless specifically stated in the estimate. It is the Client’s responsibility to obtain the necessary permissions for any Image use that requires a release.
Time is of the essence for receipt of full payment under this Agreement.
No rights are granted unless and until the Photographer has received full payment. Unless otherwise agreed, the use of any Image(s) prior to full payment will be considered an unauthorised use. The Client agrees that the reasonable and stipulated amount that will be paid to the Photographer for such an unauthorised use will be double the invoice total.
All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.
The Photographer does not provide any receipts to the Client. The Photographer’s invoice will serve as the Client’s receipt for work performed and services rendered. Bank transfer fees are the responsibility of the Client.
- CREDIT LINE and COPYRIGHT NOTICE:
Placement of a credit line and/or copyright notice is always required.
- CANCELLATIONS and POSTPONEMENTS:
Where the Client postpones or cancels an assignment without due cause, the Client will pay all expenses incurred by the Photographer up to the time of postponement or cancellation, plus all fees for any subcontractors booked for the assignment, and:
(a) Thirty-five per cent of the Photographer’s fees for postponement, or cancellation, less than twenty-four hours from the scheduled time, or
(b) Fifty per cent of the Photographer’s fees for postponement, or cancellation, after the Photographer has departed for location.
If the same assignment is rescheduled for a later date, full fee and any additional expenses will be charged for the actual shooting.
Any deposits paid on booking become non-refundable for cancellation, or postponement, less than two business days from the date of photography.
Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or postponement.
The Client is responsible for sending an authorised representative to the shoot. If no representative is present, the Client must accept the Photographer’s judgment as to the creation of the Image(s).
If the Client requires a reshoot, the Client will pay the Photographer an additional fee of one hundred per cent of the fee stated in the quote or invoice for the original shoot, plus all expenses for the reshoot.
If a reshoot is required due to factors beyond the control of the Photographer, including but not limited to, weather conditions, acts of God, or the fault of a third party, the Photographer will not charge an additional fee and the Client agrees to pay all expenses for the reshoot.
- FAILURE TO PERFORM:
If the Photographer is unable to supply her photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond her control, then the Photographer will attempt to procure the services of another professional Photographer to fulfil her obligations. If that does not succeed, the Photographer will return any fees paid by the Client and will have no further liability with respect to this Agreement, and the Photographer will not be responsible or liable for any other damages beyond the amount concerned.
This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of the Photographer.
- KILL FEE:
Provided that the Photographer has executed the photography assignment in a professional and competent manner, the Client agrees to pay the Photographer all fees and expenses in connection with said assignment, whether or not the Client uses any Image(s).
- ARCHIVING DIGITAL FILES:
While the Photographer may choose to archive the Image(s), it is the Client’s responsibility to properly store and archive the Image(s) for the duration of the term of licence. The Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to the Client.
The Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. The Client hereby releases the Photographer and her contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by the Photographer becoming unusable.
All digital files created by, or on behalf of, the Client that contain any Image(s) will be deleted or destroyed within ten days after the expiration date of licence.
- DIGITAL FILE QUALITY:
The Photographer is committed to providing high quality services. Unless otherwise specified on the estimate or invoice, the Photographer may deliver, and the Client agrees to accept, the Image(s) encoded in an industry-standard data format that the Photographer may select, at a resolution that the Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.
It is the Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, the Photographer’s sole obligation will be to replace or repair the data, but in no event will the Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
- ACCEPTANCE OF TERMS:
This Agreement is binding upon, and inures to the benefit of, the Client and the Photographer, as well as their respective principals, employees, representatives, and successors. The Client and his or her principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.
No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. Email and electronic signatures will be considered legal and binding. However, the invoice may reflect, and the Client is bound by, the Client’s oral authorisations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.
This Agreement will be deemed to be a contract made under the laws of the Netherlands, and for all purposes will be interpreted in its entirety in accordance with these laws. The Client specifically and irrevocably confers personal jurisdiction over it by the courts of Amsterdam, the Netherlands. The Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favour of the Photographer.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
In addition to oral and written agreements, use of any Image(s) by the Client will constitute acceptance of all the above terms and conditions.
This Agreement constitutes the entire and only agreement between the Photographer and the Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.