Terms Of Engagement Explained
AGREEMENT Overview: This agreement contains the entire understanding between Magical Memories and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. MAGICAL MEMORIES is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to MAGICAL MEMORIES.
IMAGES and COPYRIGHTS: the photographs produced by MAGICAL MEMORIES are protected by Federal Copyright Law and may not be reproduced in any manner without MAGICAL MEMORIES's explicitly written permission. Upon final payment by the client, the client has limited copyright ownership of the resulting images which may be used only for personal use and may not be copied, or reprinted without express permission of MAGICAL MEMORIES. The Client must obtain written permission from, and compensate MAGICAL MEMORIES prior to the CLIENT, or its friends/ relatives publishing or selling the images for profit.The photographs produced by MAGICAL MEMORIES are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without MAGICAL MEMORIES explicitly written permission. Commercial use of images is strictly prohibited. Images may not be entered into any contest or submission without prior written authorization. Screen grab downloads, printing of digital images and scanning of prints for digital imagery use is illegal and punishable by law. Disks provided to Client with web sized watermarked images are not to be reproduced and are for displaying on social networking sites, email, and online forums only. Watermarks are not to be cropped out unless payment is received to do so. We give our permission for MAGICAL MEMORIES to use any photograph taken by MAGICAL MEMORIES in competitions, exhibitions, editorial, reproduction and other advertising purposes.
MODEL RELEASE. The CLIENT(s) & Subject(s) hereby grant to MAGICAL MEMORIES and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same; and to copyright the same. The CLIENT hereby releases MAGICAL MEMORIES and its legal representatives and assigns from all claims and liability relating to said photographs.
LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents him from photographing the event, MAGICAL MEMORIES will make every effort to reschedule the event. If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for the photographic shoot.
RETAINER & PAYMENT SCHEDULE: A deposit is preferable but not compulsory. However full payment is expected prior to the photographic shoot on the day of engagement.
The Fine Print
- Copyright remains the property of Magical Memories.
- Session fee covers immediate family only.
- Any digital negatives supplied on disc may be printed and shared for personal use but are provided under a signed contract that they will not be resold, used commercially or manipulated in any way.
MY COMMITMENT TO PROTECT YOUR PRIVACY
MAGICAL MEMORIES seeks to provide the best possible service to its customers by providing the best possible range and quality of photographic products and services.
Photography and Digital Production Fees & Expenses Explained
Photographic estimates will generally have two overall components, each of which can be broken down into a further number of elements. These two components are;
Photographic & Creative Usage Fees
There are two main types of fees to consider: Photography fees, and Creative Usage (or Licensing) fees.
Photography fees reflect the photographer's experience and creativity, the complexity of a project covering issues such as location logistics, scheduling requirements, or the need for special equipment or skills, as well as covering the actual time requirements for the project.
With more complex jobs, pre-production and post-production fees may be listed as seperate items. Pre-production tasks include client meeting, set building, research, site visits, prop sourcing, and any other element required prior to actually beginning the photography. Post-production covers elements such as further client meetings, digital enhancement and retouching, returning props, or returning a shoot location to its original appearance.
Creative Usage fees are based upon the intended usage of the images, and reflect the overall value gained from the work. They are determined by the geographical range of intended use, the period of time over which they are to be used, the variety of ways the images are intended to be reproduced, and the time over which exclusive use of the images are required. Generally, the wider ranging the rights that are sought, the higher the fee, however for projects with small usage requirements, these rights are included within the Photography Fee.
Similar to advertising slots on television, an ad slot during peak viewing time will be more expensive than a slot at 3am, however there is a much greater benefit in advertising during peak time.
Photography Fees and Creative Usage Fees may be listed as a single item or separately as required.
Production fees cover all the time required after a photographic shoot, to prepare and output the images in the desired formats. A number of these items will sometimes fall between Fees and Expenses, such as where a physical items is to be produced, i.e. a photographic print or CD.
A standard set of Production Fees are outlined below;
Capture charges for digital photography are similar to film & processing charges for film photography. For every 1 hour photographing in studio or on site, a photographer will typically spend 1 - 2 hours processing and preparing images for delivery. Image capture is a fee charged per image, which includes downloading, editing, transfers, archiving, evaluation, and batch processing, as well covering the cost of equipment to carry out these steps. Capture charges are not charged for images deleted in camera, or images the photographer edits as being unsuitable for processing.
Proof sheets are created if a client wishes to review the images from a photoshoot so that they may make a selection of the best images for Master File preparation. Clients may specify how many images they wish on a single proof sheet (remembering that the more images, the smaller the will appear and the more difficult it will be to accurately review them). Clients may also choose between A4 or A3 proof sheets.
Master File Preparation
These files are the highest quality output, and include; conversion to TIFF, individual colour correction, dust and spot removal, and sharpening, as well as any required black and white conversion or web resizing. Without any additional file preparation, RGB Master Files are suitable for; conversion into good CMYK files for offset printing, resizing for website use, or the creation of quality prints. Basically they are ready to go.
Retouching is for any additional work the client wishes carried out to fix a problem with subject matter, enhance the appearance of the image or subject, or make creative manipulations to the image. For example, retouching can be anything from deep etching (cutting out) a subject for overlay onto a different background, removing a distracting telegraph pole from an architectural image, or smoothing skin and enhancing the appearance of a portrait subject.
Expected retouching time is generally estimated on a per image basis.
Standard turnaround is 3 - 5 working days. An additional fee based upon applicable production fees(capture and file preparation fees) may be payable for faster turnaround, as this may require additional equipment, staff, or simply extremely long hours to achieve.
CD & DVD Burning
Fees are charged for CD or DVD burning to cover the time and expense involved in preparing and burning the disks.
Expenses cover all other items that may be required for a photographic project. Expenses may include assistants, stylists, models, travel costs, couriers, communications, extra insurances, location access, and photo finishing (such as framing or mounting), to name just a few.
The range of expenses applicable to a particular project are entirely dependent upon the brief, and the desired outcomes. It is worth consulting with your photographer as to the best way of obtaining the photographic results you are seeking.
Assistants are usually hired for job required considerable equipment use or where the photographer may require additional help. An assistant will help many jobs move more quickly, and thereby represent an overall cost savings for the client. With some shoots, it is simply impractical or impossible to do without an additional set of hands available. Assistant fees will often vary depending upon the experience and specific technical knowledge they provide (and that are required for the shoot).
Stylists are professionals who specialise in preparing photographic subjects for a shoot, and they come in a variety of flavours.
Food stylists are often hired to either prepare food and / or make food look good (and suitable for photographing), or to create the set in which the food will be photographed.
Hair & Makeup stylists are exactly that. They make portrait subject look good, or will prepare the hair and makeup to suit the particular style required by the brief.
General stylists are usually responsible for preparing and dressing sets in any number of ways. They will usually source and arrange suitable props and materials as required by a project brief.
All stylists work very closely with the photographer, and aid the photographer in creating a great final image.
Many other resources may be required for a photographic project, from models and makeup artists, to the hiring of helicopters and cherry pickers.
Speak to me and I will try to accommodate whatever it is that you are trying to achieve on the day.