Terms and Conditions
A. Definitions: "Photographer" refers to either Gary Yeo, or any photographer deployed under SG Media, depending on which photographer was in charge of the project. "Client" refers to the commissioning party, its representatives, successors, assigns, agents and affiliates.B. Payment: FULL PAYMENT MUST BE RECEIVED BY PHOTOGRAPHER WITHIN THIRTY (30) DAYS OF DELIVERY.
C. Grant of Rights: Grant of reproduction rights hereunder is conditioned upon Client's written acceptance of each term set forth in this agreement, including but not limited to, receipt of payment within thirty (30) days of delivery by Photographer. All rights not expressly licensed to Client in writing remain the exclusive property of Photographer. Unless otherwise agreed to in writing, duration of license is 2 years for PR and Marketing usage for non event photography photoshoots with no limit on duration on event photography shoots .Photographer retains full commercial rights to the photos and the Client is not to resell the photos for commercial gain.
D. Space Rates: All usage is quoted as a minimum against space. Any additional space rate will be billed.
E. Return of Photographs: Destruction of Digital files & Return of Media: Client assumes all risk for all photographic material supplied by Photographer from time of receipt by Client to time of actual receipt of photographs by Photographer. Client agrees to return all such material in undamaged, unaltered and unretouched condition within thirty (30) days of receipt, or if a License is granted, within three (3) months of receipt by client or by first publication date, whichever is sooner, or such other period as is stated in writing herein. Client agrees to destroy all digital files within one week of reproduction. If the files were sent on digital media, all such material must be returned in undamaged condition within thirty (30) days of receipt.
F. Copyright Protection/Credit Line: For Editorial use, credit line in the form: ©SG Media, in type no smaller than that of related text must appear adjacent to or within the photograph(s) or fee is doubled; Client acknowledges that such a double fee is fair and reasonable for photographer's loss of recognition and lack of copyright protection resulting from lack of, or improper, copyright notice/credit line.
G. Indemnity: Client hereby indemnifies and holds Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney s fees, arising from Client's use of Photographer's work or service. Client assumes insurer's liability (a) to indemnify Photographer for all loss, damage, or misuse of any photographs: and (b) to return all photographs prepaid, fully insured, undamaged, by bonded messenger or overnight delivery service.
H. Loss or Damage: The parties acknowledge that it is difficult if not impossible to determine the exact value of each photograph subject to this agreement because of the duration of copyright protection and its present and potential value. Therefore, the parties have agreed that the reasonable value for loss or damage of each photograph is a sum no less than SGD$1500.00 per image. Client further acknowledges that its acceptance of this liquidated damage amount is a material consideration for photographer agreeing to deliver to Client the photographs subject to this agreement. In the event that Client infringes on Photographer's copyright in and to the works delivered herewith, then Photographer shall be entitled to obtain immediate injunction relief to prevent further infringement and that Photographer shall not be required to post a bond to obtain injunction relief, or if a bond is not waiveable, such bond shall not exceed SGD$100.00. Photographer shall be entitled to recover the greater of Photographer's actual damages, or statutory damages in a sum not to exceed SGD$20,000.00, in cases of non-willful infringement.
I. Default: In the event of non-payment or other breach of this Agreement by Client, Client shall pay all of Photographer's costs and expenses incurred in connection with enforcement of the terms of this agreement, including Photographer's reasonable attorney's fees.
J. Releases: Photographer is not responsible for obtaining model, property, or other releases in connection with any of the photographs licensed herein unless specifically stated herein.
K. Miscellaneous: Client may not assign or transfer this license. No alterations may be made in any of these provisions without the express written consent of the Photographer.
L. Reshoots: Client will be charged 100% fee and expenses for any reshoot required by Client. For any reshoot required because of an act of God or the fault of a third party, Photographer will charge no additional fee and Client will pay all expenses. If Photographer charges for special contingency insurance and is paid in full for the shoot, Client will not be charged for any expense covered by insurance. A list of exclusions from such insurance will be provided on request.
M. Cancellations: Cancellations and postponements: Client is responsible for payment of all expenses incurred up to the time of cancellation, plus 50% of Photographer's fee. If notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100% fee. Weather postponements: Unless otherwise agreed, Client will be charged 100% fee if postponement is due to weather conditions on location and 50% fee if postponement occurs before departure to location.
N. Governing Law: This agreement shall be deemed to be a contract made under the laws of the Republic of Singapore. In the event of any award or judgment in favor of Photographer, or any settlement between Photographer and Client, arising from effecting and protecting Photographer's rights and benefits hereunder and/or any aspect of this agreement, Client shall pay all costs and expenses incurred by Photographer and/or Photographer's legal counsel related thereto, including, but not limited to, reasonable legal fees, arbitration and court costs, associated expenses, and legal interest on such award, judgment, or settlement.
FULL PAYMENT DUE WITHIN THIRTY (30) DAYS OF DELIVERY
Make check payable to:
SG Media
60 Jalan Simpang Bedok
Singapore 488200