ASSIGNMENT ESTIMATE/CONFIRMATION/INVOICE

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Assignment Estimate/Confirmation/Invoice
Client __________________________________________________________________

Date____________________

Address _______________________________________________________________

Estimate

________________________________________________________________________

Confirmation

Client Purchase Order Number____________________________________________

Invoice

Client Contact ___________________________________________________________

Job Number_____________

Assignment Description __________________________________________________________________________________

_________________________________________________________________________________________________________________________________
_________________________________________________________Due Date ________________________________________
Grant of Rights. Upon receipt of full payment, Photographer shall grant to the Client the following exclusive rights:
For use as _________________________________________________________________________________________________
For the product, project, or publication named _________________________________________________________________
In the following territory _____________________________________________________________________________________
For the following time period or number of uses_________________________________________________________________
Other limitations _____________________________________________________________________________________________
This grant of rights does not include electronic rights, unless specified to the contrary here___________________________
in which event the usage restrictions shown above shall be applicable. For purposes of this agreement, electronic
rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media
as computer disks, CD-ROM, computer databases, and network servers.
Credit. The Photographer shall shall not
receive adjacent credit in the following form on reproduction _______________________________________________________
Fee/Expenses. The Client shall pay the Balance Due, including reimbursement of the expenses as shown below, within
thirty days of receipt of an invoice. A reuse fee of $__________ shall be paid in the following circumstances:_____________
______________________________________________________________________________________________________________________________________________________________________________________________________________________
Expenses
Assistants
Casting
Crews/Special Technicians
Equipment Rentals
Film and Processing
Insurance
Location
Messengers
Models
Props/Wardrobe
Sets
Shipping
Styling
Travel/Transportation
Telephone
Other expenses

$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
subtotal $____________
(Plus _____% markup) $____________
Total expenses $____________

Fees
Photography fee
Other fees
Preproduction $_______/day;
Travel $_______/day;
Weather days $_______/day
Space or Use Rate (if applicable)
Cancellation fee
Reshoot fee

$____________
$____________
$____________
$____________
$____________
$____________
$____________

Fee subtotal $____________

Plus total expenses $____________
Subtotal $____________
Sales tax $____________
Total $____________
Less advances $____________
Balance due $____________

Client________________________________________
Company Name

Photographer______________________________

By___________________________________________
Authorized Signatory, Title

Subject to All Terms and Conditions Above and on Reverse Side

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BUSINESS AND LEGAL FORMS FOR PHOTOGRAPHERS

Terms and Conditions

1.

Payment. Client shall pay the Photographer within thirty days of the date of Photographers billing, which shall be dated as of the
date of delivery of the Assignment. The Client shall be responsible for and pay any sales tax due. Time is of the essence with respect
to payment. Overdue payments shall be subject to interest charges of _____ percent monthly.
2. Advances. Prior to Photographers commencing the Assignment, Client shall pay Photographer the advance shown on the front
of this form, which advance shall be applied against the total due.
3. Reservation of Rights. Unless specified to the contrary on the front of this form any grant of rights shall be limited to the United States
for a period of one year from the date of the invoice and, if the grant is for magazine usage, shall be first North American serial rights
only. All rights not expressly granted shall be reserved to the Photographer, including but not limited to all copyrights and ownership
rights in photographic materials, which shall include but not be limited to transparencies, negatives, and prints. Client shall not modify
directly or indirectly any of the photographic materials, whether by digitized encodations or any other form or process now in existence
or which may come into being in the future, without the express, written consent of the Photographer.
4. Value and Return of Originals. All photographic materials shall be returned to the Photographer by registered mail or bonded
courier (which provides proof of receipt) within thirty days of the Clients completing its use thereof and, in any event, within _______
days of Clients receipt thereof. Time is of the essence with respect to the return of photographic materials. Unless a value is specified
for a particular image either on the front of this form or on a Delivery Memo given to the Client by the Photographer, the parties agree
that a reasonable value for an original transparency is $1,500. Client agrees to be solely responsible for and act as an insurer with
respect to loss, theft, or damage of any image from the time of its shipment by Photographer to Client until the time of return receipt
by Photographer.
5. Additional Usage. If Client wishes to make any additional uses, Client shall seek permission from the Photographer and pay an
additional fee to be agreed upon.
6. Authorship Credit. Authorship credit in the name of the Photographer, including copyright notice if specified by the Photographer,
shall accompany the photograph(s) when it is reproduced, unless specified to the contrary on the front of this form. If required
authorship credit is omitted, the parties agree that liquidated damages for the omission shall be three times the invoiced amount.
7. Expenses. If this form is being used as an Estimate, all estimates of expenses may vary by as much as ten (10%) percent in
accordance with normal trade practices. In addition, the Photographer may bill the Client in excess of the estimates for any overtime
which must be paid by the Photographer to assistants and freelance staff for a shoot that runs more than eight (8) consecutive hours.
8. Reshoots. If Photographer is required by the Client to reshoot the Assignment, Photographer shall charge in full for additional fees
and expenses, unless (a) the reshoot is due to Acts of God or is due to an error by a third party, in which case the Client shall only
pay additional expenses but no fees; or (b) if the Photographer is paid in full by the Client, including payment for the expense of special
contingency insurance, then Client shall not be charged for any expenses covered by such insurance in the event of a reshoot. The
Photographer shall be given the first opportunity to perform any reshoot.
9. Cancellation. In the event of cancellation by the Client, the Client shall pay all expenses incurred by the Photographer and, in
addition, shall pay the full fee unless notice of cancellation was given at least _____ hours prior to the shooting date, in which case
fifty (50%) percent of the fee shall be paid. For weather delays involving shooting on location, Client shall pay the full fee if
Photographer is on location and fifty (50%) percent of the fee if Photographer has not yet left for the location.
10. Releases. The Client shall indemnify and hold harmless the Photographer against any and all claims, costs, and expenses, including
attorneys fees, due to uses for which no release was requested or uses which exceed the uses allowed pursuant to a release.
11. Samples. Client shall provide the Photographer with two copies of any authorized usage.
12. Assignment. Neither this Agreement nor any rights or obligations hereunder shall be assigned by either of the parties, except that
the Photographer shall have the right to assign monies due hereunder. Both Client and any party on whose behalf Client has entered
into this Agreement shall be bound by this Agreement and shall be jointly and severally liable for full performance hereunder, including
but not limited to payments of monies due to the Photographer.
13. Arbitration. All disputes shall be submitted to binding arbitration before ______________________ in the following location
___________________________________________________________ and settled in accordance with the rules of the American
Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in
which the amount at issue is less than $____________ shall not be subject to this arbitration provision.
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 Photographer shall be governed by the laws of the State of _____________.

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