BEYOND THE LENS

Appendix

Published by The Association of Photographers Limited

81 Leonard Street, London EC2A 4QS, UK. Tel +44 (0)20 7739 6669.

Website: www. t h e - a o p . o rg Email general@aophoto.co.uk

© The Association of Photographers 2003

All rights re s e rved. Making copies for distribution in any form or by any means is strictly prohibited. The subscriber is licensed

for personal use only.

This book is intended as a guide for those people involved in photography and it is not intended to take the place of legall

advice. The authors, publisher and consultants can take no responsibility for the consequence of any reliance placed on its

contents.

i i iBeyond the Lens: Contents

APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7 5

Agent/Photographer agreement template . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7 7Estimate template. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7 9Invoice template . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 0Licence to Use template . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 1Terms and Conditions (England & Wales) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 2Terms & Conditions (Scotland) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 3Terms & Conditions (Eire) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 4Assisting Photographers Invoice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 5Assisting Photographers Terms & Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 6Delivery Note . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 7Standard Model Release Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 9Model Release (adult short)*. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9 0Model Release (adult long)* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9 1Model Release (minor short)* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9 2Model Release (minor long)*. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9 3Property Release* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9 4

* R e p roduced courtesy of Getty Images

i v Beyond the Lens: Contents

1 7 7Beyond the Lens: AppendixAgent/Photographer Agreement - available free of charge from www.the-aop.org

c o n t i n u e d / . .

1 7 8 Beyond the Lens: Appendix Agent/Photographer Agreement - available free of charge from www.the-aop.org

1 7 9Beyond the Lens: AppendixEstimate template - available free of charge from www.the-aop.org

1 8 0 Beyond the Lens: Appendix Invoice template - available free of charge from www.the-aop.org

1 8 1Beyond the Lens: AppendixLicence to Use template - available free of charge from www.the-aop.org

1 8 2 Beyond the Lens: Appendix Terms & Conditions (England & Wales) - free of charge from www.the-aop.org

TERMS AND CONDITIONS [England & Wales]

1. DEFINITIONSFor the purpose of this agreement "the Agency" and "the Advertiser" shall where the context so admits include their respectiveassignees, sub-licensees and successors in title. In cases where the Photographer's client is a direct client (i.e. with no agency orintermediary), all references in this agreement to both "the Agency" and "the Advertiser" shall be interpreted as references to thePhotographer's client. "Photographs" means all photographic material furnished by the Photographer, whether transparencies,negatives, prints or any other type of physical or electronic material. 2. COPYRIGHTThe entire copyright in the Photographs is retained by the Photographer at all times throughout the world.3. OWNERSHIP OF MATERIALSTitle to all Photographs remains the pro p e rty of the Photographer. When the Licence to Use the material has expired thePhotographs must be returned to the Photographer in good condition within 30 days.4. USE The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of thePhotographs before payment in full of the relevant invoice(s) without the Photographer's express permission. Any perm i s s i o nwhich may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is putinto receivership or liquidation. The Licence only applies to the advertiser and product as stated on the front of the form and itsbenefit shall not be assigned to any third party without the Photographer's permission. Accordingly, even where any form of 'allmedia' Licence is granted, the photographer's permission must be obtained before any use of the Photographs for otherpurposes eg use in relation to another product or sublicensing through a photolibrary. Permission to use the Photographs forpurposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutuallya g reed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of thePhotographs will be subject to these terms and conditions.5. EXCLUSIVITYThe Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including thePhotographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and inany part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated inthe Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.6. CLIENT CONFIDENTIALITYThe photographer will keep confidential and will not disclose to any third parties or make use of material or inform a t i o ncommunicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enablethe Photographer to carry out his/her obligations in relation to the commission.7. INDEMNITYThe Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costsarising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third partycopyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtainingsuch clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible forobtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising outof any failure to obtain such clearances.8. PAYMENTPayment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If theinvoice is not paid, in full, within 30 days The Photographer reserves the right to charge interest at the rate prescribed by the LatePayment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.9. EXPENSESWhere extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or theAdvertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at thePhotographer's normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.10. REJECTIONUnless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.11. CANCELLATION & POSTPONEMENTA booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, chargea fee for cancellation or postponement.12. RIGHT TO A CREDITIf the box on the estimate and the licence marked "Right to a Credit" has been ticked the Photographer's name will be printed onor in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf the Photographer alsoa s s e rts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs andPatents Act 1988 or any amendment or re-enactment thereof.13. ELECTRONIC STORAGESave for the purposes of re p roduction for the licensed use(s), the Photographs may not be stored in any form of electro n i cmedium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image mayonly take place with the permission of the Photographer.14. APPLICABLE LAWThis agreement shall be governed by the laws of England & Wales 15. VARIATIONThese Terms and Conditions shall not be varied except by agreement in writing.

NOTE : For more information on the commissioning of photography refer to Beyond the Lens produced by the AOP.

1 8 3Beyond the Lens: AppendixTerms & Conditions (Scotland) - free of charge from www.the-aop.org

TERMS AND CONDITIONS [Scotland]

1. DEFINITIONSFor the purpose of this agreement "the Agency" and "the Advertiser" shall where the context so admits include their respectiveassignees, sub-licensees and successors in title. In cases where the Photographer's client is a direct client (i.e. with no agency orintermediary), all references in this agreement to both "the Agency" and "the Advertiser" shall be interpreted as references to thePhotographer's client. "Photographs" means all photographic material furnished by the Photographer, whether transparencies,negatives, prints or any other type of physical or electronic material. 2. COPYRIGHTThe entire copyright in the Photographs is retained by the Photographer at all times throughout the world.3. OWNERSHIP OF MATERIALSTitle to all Photographs remains the pro p e rty of the Photographer. When the Licence to Use the material has expired thePhotographs must be returned to the Photographer in good condition within 30 days.4. USE The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of thePhotographs before payment in full of the relevant invoice(s) without the Photographer's express permission. Any perm i s s i o nwhich may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is putinto receivership or liquidation. The Licence only applies to the advertiser and product as stated on the front of the form and itsbenefit shall not be assigned to any third party without the Photographer's permission. Accordingly, even where any form of 'allmedia' Licence is granted, the photographer's permission must be obtained before any use of the Photographs for otherpurposes eg use in relation to another product or sublicensing through a photolibrary. Permission to use the Photographs forpurposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutuallya g reed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of thePhotographs will be subject to these terms and conditions.5. EXCLUSIVITYThe Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including thePhotographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and inany part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated inthe Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.6. CLIENT CONFIDENTIALITYThe photographer will keep confidential and will not disclose to any third parties or make use of material or inform a t i o ncommunicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enablethe Photographer to carry out his/her obligations in relation to the commission.7. INDEMNITYThe Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costsarising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third partycopyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtainingsuch clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible forobtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising outof any failure to obtain such clearances.8. PAYMENTPayment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If theinvoice is not paid, in full, within 30 days The Photographer reserves the right to charge interest at the rate prescribed by the LatePayment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.9. EXPENSESWhere extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or theAdvertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at thePhotographer's normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.10. REJECTIONUnless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.11. CANCELLATION & POSTPONEMENTA booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, chargea fee for cancellation or postponement.12. RIGHT TO A CREDITIf the box on the estimate and the licence marked "Right to a Credit" has been ticked the Photographer's name will be printed onor in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf the Photographer alsoa s s e rts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs andPatents Act 1988 or any amendment or re-enactment thereof.13. ELECTRONIC STORAGESave for the purposes of re p roduction for the licensed use(s), the Photographs may not be stored in any form of electro n i cmedium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image mayonly take place with the permission of the Photographer.14. APPLICABLE LAWThis agreement shall be governed by the laws of Scotland15. VARIATIONThese Terms and Conditions shall not be varied except by agreement in writing.

NOTE : For more information on the commissioning of photography refer to Beyond the Lens produced by the AOP.

1 8 4 Beyond the Lens: Appendix Terms & Conditions (Eire) - available free of charge from www.the-aop.org

TERMS AND CONDITIONS [Eire]

1. DEFINITIONFor the purpose of this agreement ‘”the Client” shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the Photographer's client is a direct client (i.e. with no intermediary), allreferences in this agreement to "the Client" shall be interpreted as references to the Photographer's client. "Photographs" meansall photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physicalor electronic material. 2. COPYRIGHTThe entire copyright in the Photographs is retained by the Photographer at all times throughout the world.3. OWNERSHIP OF MATERIALSTitle to all Photographs remains the pro p e rty of the Photographer. When the Licence to Use the material has expired thePhotographs must be returned to the Photographer in good condition within 30 days.4. USE The Licence to Use comes into effect from the date of payment of all sums due by the Client to the Photographer for use of theLicence. No use may be made of the Photographs before payment in full of all sums due without the Photographer's expresspermission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the duedate or if the Client is put into receivership or liquidation. The Licence only applies to the Client and product as stated on the frontof the form and its benefit shall not be assigned to any third party without the Photographer's permission. Accordingly, evenw h e re any form of 'all media' Licence is granted, the photographer's permission must be obtained before any use of thePhotographs for other purposes eg use in relation to another product or sublicensing through a photolibrary. Permission to usethe Photographs for purposes not agreed must be sought and will normally be granted upon payment of a further fee, whichmust be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences inrespect of the Photographs will be subject to these terms and conditions.5. EXCLUSIVITYThe Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer.However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of theworld for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence toUse the Photographer shall be entitled to use the Photographs for any purposes.6. CLIENT CONFIDENTIALITYThe photographer will keep confidential and will not disclose to any third parties or make use of material or inform a t i o ncommunicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enablethe Photographer to carry out his/her obligations in relation to the commission.7. INDEMNITYThe Photographer agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failureby the Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trademarks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this hasbeen expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and willindemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain suchclearances.8. PAYMENTPayment by the Client shall be within 30 days of the date of the Photographer’s invoice and in default of payment interest shall becharged on all sums due from the 31st day of the date of the Photographer’s invoice at the rate of 8% per annum until paymentis received in full.9. EXPENSESWhere extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, oro t h e rwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at thePhotographer's normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.10. REJECTIONThe Client may not reject a photograph on the basis of style or composition unless he pays a fee acceptable to thePhotographer.11. CANCELLATION & POSTPONEMENTA booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, chargea fee for cancellation or postponement.12. RIGHT TO A CREDITIf the box on the estimate and the licence marked "Right to a Credit" has been ticked the Photographer's name will be printed onor in reasonable proximity to all published reproductions of the Photograph(s)13. ELECTRONIC STORAGESave for the purposes of re p roduction for the licensed use(s), the Photographs may not be stored in any form of electro n i cmedium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image mayonly take place with the permission of the Photographer.14. APPLICABLE LAWThis agreement shall be governed and construed in accordance with the laws of Ireland. Both parties submit to the non-exclusivejurisdiction of the courts of Ireland.15. VARIATIONThese Terms and Conditions shall not be varied except by agreement in writing.

NOTE : For more information on the commissioning of photography refer to Beyond the Lens produced by the AOP.

1 8 5Beyond the Lens: AppendixAssisting Photographers Invoice - purchasable by the pad from www.the-aop.org

1 8 6 Beyond the Lens: Appendix Assisting Photographer Terms & Conditions

ASSISTING PHOTOGRAPHER TERMS & CONDITIONS

BookingsBookings are usually verbal and both photographer and assistant should understand if the work is provisional or confirmed.On confirmation the following should be agreed:

• Dates, start times, and daily hours• Venue and travel arrangements• Special requirements (clothing, equipment knowledge, etc.)• Fee• Expenses and overtime (where appropriate)• Weather contingency for location work• Possible overlaps with assistant’s other confirmed jobs• Invoicing details (invoice client or photographer?)• Contact names and numbers

If an assistant has a provisional booking with another photographer, that photographer must be given the option to confirmbefore another booking is accepted.

Cancellation and PostponementCancellation by an assistant is not acceptable without unavoidable reason, e.g. illness, and the substitution of another assis-tant must not be made without the photographer’s prior knowledge and consent. The photographer has the right to approveany replacement before commencement of the shoot.

Where a booking is confirmed which may overlap a previously confirmed job, the photographer must be informed imme-diately and given the option to book another assistant.

Cancellation fees for freelance assistants are only payable for confirmed bookings, although once the booking is confirmed,an assistant should not be cancelled unless the job itself is cancelled. Freelance assistants should be regarded as chargeableitems, and therefore covered by expenses when the photographer is charging the client a cancellation fee. In the case of apostponement, where a new date is given and confirmed, fees may become payable to cover costs and inconvenience, bymutual agreement between the photographer and assistant.

Fees and Payment

F e e sThese are charged at a daily rate. A normal day is any 9-hour period worked between 7am and 9pm, and rates are depen-dant on knowledge, experience, and the type of work the photographer is doing, e.g. advertising or editorial. Overtime maybe charged for weekends, public holidays and in addition to the standard 9 hours, at a rate previously agreed with the pho-tographer.

PaymentPayment should be made at the end of the shoot unless otherwise agreed at the time of booking. If immediate payment isnot agreed, then credit terms of 30 days should be the maximum given. Assistants should give an invoice clearly stating thefollowing:

• Assistant’s name, address, and Tax Schedule D Number (where applicable)• Shoot/booking dates • Assistant’s invoice number• Photographer’s name and order number• Client/Agency/Product• Fee• Expenses itemised• Total owed• Payment terms• VAT number (if registered)

All expenses incur red on behalf of the photographer or client should be agreed in advance and are payable immediately theshoot is completed. Fees and mileage for the use of an assistant’s car should be agreed at the time of confirmation.

Location WorkThe photographer is responsible for the cost of accommodation and meals whilst on location, but personal expenses (e.g.telephone calls) are the responsibility of the assistant. Medical and travel insurance should be discussed with the photogra-pher before the shoot begins.

Weather-permitting bookings should be agreed with the assistant at the time of confirmation, but postponement due tobad weather will result in the assistant, as a photographer’s expense, being paid 50% of the fee. The photographer or theclient may have weather insurance to cover these events.

1 8 7Beyond the Lens: AppendixDelivery Note - purchasable by the pad from www.the-aop.org

1 8 8 Delivery Note Terms & Conditions - purchasable by the pad from www.the-aop.orgBeyond the Lens: Appendix

1 8 9Beyond the Lens: AppendixStandard Model Release Form - purchasable by the pad from www.the-aop.org

1 9 0 Beyond the Lens: Appendix Model Release: Adult Short - reproduced courtesy of Getty Images

1 9 1Beyond the Lens: AppendixModel Release: Adult Long - reproduced courtesy of Getty Images

1 9 2 Beyond the Lens: Appendix Model Release: Minor Short - reproduced courtesy of Getty Images

1 9 3Beyond the Lens: AppendixModel Release: Minor Long - reproduced courtesy of Getty Images

1 9 4 Beyond the Lens: Appendix Property Release - reproduced courtesy of Getty Images