home . contact . articles . links . photo journal . contact sheets

TERMS AND CONDITIONS

Following ‘Terms and Conditions’ apply to all transactions between the Client and Restell-Photography, unless stipulated differently in a separate Contract. Verbal agreements do not apply.

1. INTRODUCTION

The client commissions Restell-Photography to create digital photographs, or alternatively, negatives, transparencies (slide/Dias), or prints, hereafter referred to as ‘Photographs’. The Client agrees, that all Photographs may be digitally altered after they have been created.

2. FEES

All fees are subject to separate quotations for each job and assignment. All expense estimates may vary by as much as ten (10%) percent in accordance with normal trade practices. In addition, Restell-Photography may bill the Client in excess of the estimates for any overtime which must be paid by Restell-Photography to freelance staff, e.g. stylists, make up artists, etc. for a shoot that runs more than eight 8 consecutive hours or is carried out on weekends, public holidays or public non-working hours. In case the Client purchases a bulk of shooting days, the Client is entitled to get a mass volume discount. If not stated differently in the quotation, shooting days must be carried out within 3 months after signing the quotation.

3. QUOTATIONS

All quotations made by Restell-Photography are subject to vary by as much as 10%. Quotations are valid for a 15 day period.

4. COPYRIGHT

All copyrights and usage rights are stipulated for each job and quotation separately. For ongoing and recurring cooperations, a ‘Photography Service Contract’ can be signed between the Client and Restell-Photography which clarifies the copyright and usage right situation. If the quotation does not clarify the copyright and usage right situation, Restell-Photography shall be the sole owner. Restell-Photography retains for life the display rights of the Photographs for promotional usage, use in photographic competitions and any publication of an original manuscript or portfolio presentation for trade or other use. Additionally, Restell-Photography retains for life the right to use the Client’s Company Name for promotional reference.

5. PAYMENT TERMS

Client must deliver payment within 14 days of the invoice date. A 2% service charge will be additionally charged on the unpaid balance 30 days from the invoice date and at the end of every 30 period thereafter. Adjustments of these terms must be requested in advance of work completed by Restell-Photography for Client. Prior to Restell-Photography’s commencing the photo shoot, Client shall pay Restell-Photography the deposit shown on the quotation, which advance shall be applied against the total due.

6. CLIENT LIABILITY

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. Client shall indemnify Restell-Photography against all claims, liability, damages and expenses incurred by Restell-Photography in connection with any third party claim arising out of use of said material hereunder.

7. CANCELLATIONS

(1) If client or any other party which acts on behalf of the client delays the production and/or delivery, the finishing date will be delayed correspondingly at no financial liability to Restell-Photography.
(2) In the event of cancellation or postponement of the booking for any cause other than that of Restell-Photography, client shall pay all expenses incurred up until that time.
(3) In the event of cancellation by the Client, the Client shall pay all expenses incurred by Restell-Photography and, in addition, shall pay the full fee unless notice of cancellation was given at least 48 hours prior to the shooting date, in which case fifty (50%) percent of the fee shall be paid.
(4) For weather delays involving shooting on location, Client shall pay the full fee if Photographer is on location and thirty (30%) percent of the fee if Photographer has not yet left for the location.

8. THIRD PARTIES

The Client may not assign or transfer this agreement to a third party. No waiver is binding unless set forth in writing. Restell-Photography is not responsible for the acts of third parties that lead to complications in or prevent completion the commissions.

10. RELEASE FROM LIABILITY

If third parties take legal actions against the client because of the photographs, the Client will take full responsibility. It is up to the sole judgment and decision of the Client to show the photographs, and therefore the Client is liable for any claims for third parties.

11. CONTRACT TERMINATION

This contract may be cancelled by both parties at all times. Client agrees to pay Restell-Photography full quotation amount once project commenced and pay all occurred expenses up to the moment of termination.

12. MODEL AND PROPERTY RELEASES

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

13. AUTHOR OF WORK

Restell-Photography is the sole creator and author of the photographs. The Photographer creating the Photographs is either under a full-time or part-time employment with Restell-Photography. After the photography shooting, the photographs may be digitally altered (digital imaging) by Restell-Photography or another service provider if necessary. If any third party alters or influences the photographs, Restell-Photography will state that on the quotation or invoice.

14. MISCELLANY

The terms and conditions of this Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives; this Agreement constitutes the entire understanding between the parties; its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize additional fees and expenses orally; a waiver of a breach of any of its provisions shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof; and the relationship between the Client and Restell-Photography shall be governed by the laws of the People Republic of China.

15. APPLICABLE LAW AND COURT OF JURISDICTION