4th January 2007, 09:43 AM
On issue of charging usage fee, loading.
Taken from ppas.sg website standard business practise page.
A good reference to set pricing on usage of photograph.
TERMS OF TRADE
DEFINITION - For the purpose of this agreement "the Client" shall, where the context so admits, include their respective assignees; sub-licensees and successors in title.
"Photographers" means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
1. TERMS OF PAYMENT
Down payment in the sum specified on the front page is due upon the signing of this agreement. Balance is due upon presentation of the invoice. The Photographer reserves the right to charge a 2% surcharge per month on the amount out standing after 45 days.
2. COPYRIGHT AND OWNERSHIP
Ownership of and all local and international copyright in t he photographs is retained by the Photographer save for express agreement in writing to the contrary. Rights to the photographs may not be released or assigned to any third party unless a mutual agreement has been reached between the Photographer and the Client. When the license has expired and/or upon publication, the Photographs must be returned to the Photographer in good condition within 30 days. The Clients has the option to purchase all rights to the original photographs.
No usage rights will be granted until full payment has been made or if any of the terms of this agreement have been breached. Usage is for Singapore only, unless otherwise stated in the agreement. A reasonable duration of one calendar year is granted for first usage, after which time an additional charge will apply. Additional charges will also apply for usage not stated in the contract. Usage outside Singapore : If used in the same media but in the following regions:
A. The rest of Asia and the Pacific,
C. The Americas
The following additional charges will apply.
50% of the original photography fee if used in one of the regions.
75% of the original photography fee if used in two of the regions
100% of the original photography fee if used worldwide.
For additional or extended usage in the same media in Singapore , 30% of the photography fee will be charged for each new media placement. Other media usage:
e.g.: An additional charge of 50% of the photography fee will be charged if used in a TV commercial, 20% for audio- visual use, etc. Digital or other electronic usage will be negotiated on an individual basis.
4. CANCELLATION AND POSTPONEMENT
The Client is responsible for the payment of all expenses incurred up to the time of cancellation and 50% of the Photographer's fees, unless mutually agreed otherwise. For cancellation with less than 48 hours notice, the Clients will pay 100% of the Photographer's fees. Weather postponement: If less than 12 hours notice is given prior to the location departure, the Client shall pay 50% of the Photographer's fee, after departure 100%.
The Clients shall pay all quoted expenses and all expenses arising from any alteration of the original job description.
6. MODEL RELEASES AND FEES
If required by the Client, the photographer will provide PPAS approved model release forms for the talent to sign. The Client shall be responsible for all payments to all required talent.
No charges will be made for re-shooting if due to the photographer's negligence or technical error. For any re-shoot required due to third party negligence (e.g. processing lab or delivery service) a re-shoot will be done under the photographer's direction at no additional photographic fee but Clients will pay all expenses. Full photographic charges and expenses will be charged for all other reasons. These would include change of concepts and/or layout by the Agency or Client during or after the completion of the assignment.
8. OVERSEAS ASSIGNMENTS
100% of the Photography fees and expenses will be charged for pre-production time spent on over seas assignments.
50% of photography fees and full expenses will be paid for travel days, standby and agreed upon rest days.
9. OVERTIME, NIGHT AND WEEKEND ASSIGNMENTS
In the event an assignment extends beyond nine consecutive hours, including meal time, the photographer may charge f or such excess time of assistants and freelance staff at the rate of 150% of their hourly rates. All photography work commissioned between the hours of midnight and 06:00a.m. , Saturday afternoons, Sunday and official Holidays will be charged at a mutually agreed upon higher fee.
10. CLIENTS REPRESENTATION
The Client is responsible for the presence of an authorized representative at the shoot. In the absence of an authorized representative, the Photographer's interpretation is deemed to be acceptable and final.
The Photographer cannot be held responsible for any circumstances beyond his or her control while on assignment (e.g. strikes, earthquakes, war and civil unrest). In such cases, a contingency payment may be due.
The Client shall be responsible for insurance coverage against non-delivery, loss or damage to material furnished by the client.
The Client shall indemnify and hold the photographer harmless against all claims, liability, damages and expenses incurred directly or indirectly in correction with any third party claim arising from the usage of the photographs.
14. APPLICABLE LAW
This Agreement shall be governed by the laws of The Republic of Singapore or the Country in which the Photographer resides at the time of the assignments.
* * * These terms and conditions or terms of trade, should be included (usually printed on the reverse side on all assignments correspondence such as quotations, job confirmation orders (commissioning agreements), purchased orders, delivery orders, invoices etc. The clients must acknowledge his or her acceptance of the terms of trade by signature on the commissioning agreement etc. before the assignment begins.
The content and wording of these terms of trade have been sourced from many professional photographic institutes, organizations and associations throughout the world whose members use them in their daily work. In compiling these terms of trade, the PPAS has also taken into consideration existing Singapore photographer/client relationships in terms of business practices, copyright, media usage etc. Your committee feels that by cultivating a close and fraternal relationship with our brethren in the advertising and publishing fields, we should be able to establish a symbolic business outlook which will ultimately benefit the entire industry.
20th August 2007, 12:23 AM
20th August 2007, 07:06 PM
Re: On issue of charging usage fee, loading.
when you invoice him or offer a quotation, you should list out the usage right limited to which media and which country for a limited period of time.
the simplest way to do it is to let them sign and affixed a company stamp over it.
otherwise, a simple contract on usage right will also do. templates are available all over the internet.