This agreement constitutes an order for commercial photography and / or videography services, including the taking of pictures and / or video as agreed to by both parties: The Studio (James O’Connor) and The Client (You!). Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints or video thereof shall remain the property of The Studio and may be used for the Studio's advertising, web site portfolio, display or other promotional purposes thought proper by The Studio to promote the Studio's products and services and will not be used for financial gain without your permission and the permission of any property owners / decorators who's work may be represented therein and is subsequently protected by international copyright law.

If The Studio cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to Photographer's illness or injury, then The Studio will return all fees to the Client(s) but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic / video materials are damaged in processing, lost through camera or computer malfunction, or otherwise lost or damaged without fault on the part of The Studio. Client(s) agree that an entire event or production cannot be replicated, reenacted or repeated for the purpose of a re-shoot and limits The Studio's liability to the amount paid by the Client (typically the deposit) under this contract.

If the date of your shoot is important - secure it with a deposit. On signing of this agreement by both parties hereto, The Studio will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable even if the date is changed or if the shoot becomes cancelled for any reason. A deposit of 50% of the estimate provided is due at the signing of this agreement and no photography will take place and no rights are granted until timely payment of the deposit is made.

The service fee is the total amount due for the photography and / or video coverage you have specified which covers shooting and basic post production. Other reasonable charges include travel to your shoot (if it’s in another country).

Client will be responsible for expenses incurred while carrying out the process of generating images. These expenses include but are not limited to: an assistants’ fees, hotel fees, rental car expenses, rental car fuel expenses, photographer’s and assistants’ meals. The Invoice may reflect, and Client is bound by, oral authorizations for fees and/or expenses that could not be confirmed in writing due to immediate proximity of the creating the Photographs for the commission.

While the deposit must be paid as soon as you’re ready to secure your date, all remaining fees must be paid upon receipt of the photography / video (digital files).

All Commercial Photography is provided as high-resolution digital files. These files are the maximum quality jpeg camera files, unless a requirement for RAW files is specified prior to the shoot. Usage of these files is limited to the PR environment (news, press release, internal corporate communication) by The Studio’s base hourly rate. Usage of any image / video outside of that environment (for example, advertising, point-of-sale display etc.) is not covered by that rate and must be negotiated separately according to The Studio’s usage / pricing calculator available on the web site.

If your shoot is at some official location and they have a “no photography policy” that I haven’t been informed about then we have a problem! The Studio is limited by the guidelines of official personnel or event site management. The Client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is The Client’s responsibility.

Copyright remains with The Studio. Except as otherwise specifically provided in writing, all Photographs, Video footage and rights contained therein, including copyright, remain the sole and exclusive properties of The Studio.

The Client is responsible for sending an authorized representative to the contracted location where The Studio will make Photographs / Video for the Client. If no representative is present, the Client must accept The Studio’s judgment as to the creation of the Photographs / Video.

The Client assumes full liability for its principles, employees, agents, affiliates, successors and assigns (including without limitation messengers and freelance researchers) for loss, damage or misuse of the Photographs / Video. Client shall indemnify The Studio and it’s photographers and videographers against all claims, liability, damages and expenses incurred by The Studio and it’s photographers and videographers in connection with any third party claim arising out of use of said material hereunder.

No model or property releases exist on any of the Photographs or Video unless The Studio specifies the existence of such release in writing. Client will indemnify and defend The Studio and it’s photographers and videographers against all claims, liabilities, damages, costs and expenses, including reasonable legal fees and expenses arising out of any use of any of the Photographs or Video for which The Studio furnished no release, or any of the Photographs or Video altered by Client or at the Clients request. The Studio and it’s photographers’ and videographers’ liability for all claims shall not, in any event, exceed the fee of one dollar.