Architectural & Interior Design
Standard Terms and Conditions
This document outlines standard terms and conditions, and is an agreement between Majestic Captures and the commissioning client only. Unless Multiple-Client (cost-sharing) terms have been mutually agreed upon prior to the commencement of the assignment, any and all 3rd party uses must be separately licensed and may be granted by the photographer only.
Once an assignment has been agreed upon and confirmed by both parties, Majestic Captures will refuse any other assignments for the date(s) confirmed. Client is required and agrees to pay upon completion of assignment to Client the full amount being invoiced within 30 days. The Photographer’s itemized invoice will include the hourly cost of the session and related Post-Production time, a separate standard hourly transportation fee for the time required to travel to and from home location to photo shoot location and all photographer incurred travel expenses. Hourly transportation fees are invoiced for the actual time the photographer is in motion traveling to and from the agreed photo shoot location. Time while idle (i.e. awaiting commercial or public transportation) and meal breaks do not apply.
Included in Post-Production will be the standard clean up, proper color correction and enhancement of each images as well as the rendering and layering of all the exposures and lighting scenarios that take place on the shoot. If additional photoshop work is requested that falls outside of this spectrum, additional post production fees may apply.
All images from the mutually agreed upon assignment will be available for download within five business days of the scheduled session at www.majesticcaptures.com in high resolution JPEG format unless otherwise specified by client. Instructions will be emailed to the client with a unique URL containing the gallery where the client’s images may be downloaded.
California Board of Equalization Pub 68 dated January 2013 is the guiding document governing the sale of photographic sales and services. Electronic transfer of Photographs as outlined on page 5 allows for the sale of photographic images free of CA State Sales Tax when delivered electronically over the internet. If client expressly requests delivery via prints, publications, CD/DVD ROM, thumb drive or other tangible transfer of merchandise then CA Sales Tax applies to the session and post processing fee. Invoiced travel time and travel expenses do not apply.
Majestic Captures accepts payment by Company Check.
If Client cancels within 48 hours of the scheduled start of the assignment or the Photographer is unable to shoot through no fault of Majestic Captures Photography, then Client agrees to pay one hour of the quoted photography session fee. Client also agrees to pay for any expenses incurred by photographer (such as non-refundable tickets or reservations) regardless of cancellation lead time.
Client representation on day of shoot;
If the client, or client’s representative cannot, or chooses not to be present at the time of the shoot to direct the photo session, the photographer’s interpretation will be deemed as correct and every attempt to image the property in its entirety will be made. Majestic Captures shall not be held responsible or liable for inadequate staging and/or housekeeping.
Client hereby indemnifies and holds the Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client’s use of Photographer’s work. The photographer similarly indemnifies and holds Client harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from the Photographer’s negligence.
Out-of-town location shoots; Defined as travel in excess of 100 miles one-way from home office. Client will provide (or reimburse) the photographer; round-trip air transportation or car rental unless assignment is better served by utilizing the photographer's personal car (in which case customary mileage and fuel charges apply), on site transportation, and accommodations, while on a remote Reimbursement of lodging expenses is also acceptable in lieu of Client arranging and prepaying lodging if requested. Client agrees to reimburse photographer for any travel related out-of-pocket expenses that has not been provided by client and that will be itemized on final invoice.
Inclement Weather while on out-of-town location;
Weather-delay days are typically billed at $400.00/Day for the photographer, plus all on-site expenses.
Majestic Captures maintains FAA certification as a UAS Operator under FAA’s 14 CFR Part 107 guidelines and is obligated to adhere to all regulations required of licensed UAS Operators. Drone imaging is offered at the standard production rate. Client should be mindful of session location and its proximity to restricted air space. Many medical clinics are zoned within restricted air space whether it be by local airports, airfields or hospital helo-ports. The photographer will make every attempt to capture aerial images but if approval from the local Air Traffic Control Tower or Helo-Port operations center cannot be obtained, aerial images will not be captured. Moreover, local weather conditions such as wind speed, precipitation and visibility are factors that if unsafe for flight will preclude operations. All other FAA Part 107 rules not mentioned apply.
Standard Image Licensing / Editorial submissions / 3rd party usage;
Majestic Captures as the copyright holder, grants upon full payment of invoice for the assignment, a non-exclusive, non-transferable license of usage rights to Client, as defined herewith:
Client is licensed to use images for customary self-promotional activities such as inclusion on clients own website, client portfolio, advertisements in trade publications, local magazines, internal documents, and for typical press releases. Client may also submit images for industry-type awards.
This standard license does not include commercial usage such as national advertising campaigns in consumer magazines, product packaging, billboards, or any type of “broadcasting” through electronic media (including TV and on non-company websites like YouTube, Flickr or other "share" type sites). Licensing for such commercial uses are of course available, but under separate contract.
Again, this license may not be re-sold, re-assigned, sub-licensed, or otherwise shared with any 3rd party for any reason.
Multi-Party Licensing / Cost Sharing;
It is common during architectural assignments that multiple parties may have use for images, and as such Majestic Captures Photography encourages cost-sharing whenever possible. Any cost-sharing assignments must be arranged before the start of the assignment, and each party will need to agree an individual licensing terms.
During a cost-sharing assignment, the production/creative fee is divided equally among the participating clients, while the licensing fees are based on each client’s individual needs.
Any party wanting use of the images after date of production, will need to obtain a separate license from photographer, at standard stock-image licensing rates.
Standard Stock-Image Licensing fees are applicable to the purchase of published or previously commissioned images. There is a standard $50 fee per image negotiable upon request for multiple or bulk orders. All applicable licensing as describe in these “Terms & Conditions” for commissioned work between Majestic Captures and the client is included at no additional charge.
A credit in the name of Majestic Captures shall accompany the Photographs whenever practical.
Copyright Michael Polk for Majestic Captures 2010-2020
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