Terms and Conditions

 

1. Definitions
For the purpose of this agreement ‘client ‘ shall where the context so admits include their respective assignees, sublicenses and successors in title. ‘Photographs’ means all photographic material furnished by Texas Property Photos whether transparencies, negatives, prints or any other type of physical or electronic material.

2. Copyright
The copyright in the photographs is owned by and retained by Texas Property Photos at all times worldwide.  The Client agrees that Texas Property Photos is the sole author and copyright holder of the photographs.

3. License to Use
The License shall be for the time and use as agreed and shall come into effect from the date of payment of the relevant invoice(s). Photographs may not be used before full payment of the relevant invoice(s) without Texas Property Photos's explicit permission in writing. The License only applies for the use as agreed (paid for) and excludes any form of electronic or other storage uses. The License cannot be transferred without Texas Property Photos's explicit permission in writing.

4. Photographer’s Promotional Use
Wherever an exclusive license is granted, Texas Property Photos will at all times retain the right to use the photographs in any manner and in any part of the world for the advertising and promoting.

5. Ownership of Materials
Title to all Photographs remains the property of Texas Property Photos. When the License has expired, the photographs will be returned to Texas Property Photos.

6. No Alteration
No alteration or manipulation of the image may be made without the permission of Texas Property Photos.

7. Clients’ Materials
The Client accepts full responsibility for any materials that they supply for use in the photographs and that the materials are adequately insured against loss, damage or liability.

8. Payment
Payment by the client will be required for the right to use the photographs as provided within 14 days of the issue of the relevant invoice.  Late payment fees of 3.0% per week compounded weekly will become applicable for any unpaid money after 14 days of the invoice.  A down payment or complete prepayment may be required depending on the type of work requested.

9. Indemnity
Texas Property Photos shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the photographs or other use by the client. The client shall indemnify Texas Property Photos from any claims and/or damages for them as a result of the clients use of the photographs.

10. Client’s Approval
If the client is not present during the actual photography sessions then Texas Property Photo's interpretation of the assignment will be accepted. Unless a rejection fee is agreed in advance, there is no right of rejection.

11. Cancellation and Postponements
Once Texas Property Photos has been commissioned, the Client is responsible for payment of all expenses incurred up to the time of cancellation and Texas Property Photos will be entitled to charge a fee for the cancellation or postponement at his discretion.

12. Right to a Credit
Texas Property Photo's name will be printed in reasonable proximity to all published reproductions of the photographs unless agreed otherwise prior to the work commencing.

13. Archiving
The photographs are an original work and Texas Property Photos will not archive copies of the photographs unless specifically requested in writing prior to the work commencing. Each photograph is unique and does not have an exact duplicate and may be impossible to replace or recreate.

14. Client Confidentiality
Any material or information communicated to Texas Property Photos for the purposes of the photography will be kept confidential and not be disclosed to any third parties save as may be reasonably necessary to enable him to carry out the work.

15. Variation
These terms shall not be varied except by agreement in writing.

16. Applicable Law
This agreement is governed by the laws of the United States of America