Last update, monday, January 20th , 2025
Agreement
This agreement (hereinafter «The Agreement») is entered into by and between Julio Bárcena López with address in Spain with DNI 07234584A (hereinafter «The Photographer») and a person representing himself or herself or declaring himself or herself as an authorized representative (hereinafter «The Client») of the Company who will exercise the use of the license (hereinafter «The Licensee»). It governs the assignment described in the attached cost estimate and, together with these Terms and Conditions, constitutes the entire agreement between the parties with respect to that assignment.
The Photographer, reserves the right to modify any type of information that may appear on the website, and is not obliged to give prior notice or inform users of such obligations, with publication on the website of The Photographer, being understood as sufficient.
Content
The photographer create visual and audiovisual content or use from his archive, in all formats, in any and all media, whether now known or hereafter created (the “Content”). I hereby agree that all rights in and to the Content, including the copyright, are and shall remain the sole property of the Photographer, free and clear from any claims by me or anyone acting on my behalf.
Estimates
The fees quoted by the Photographer are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith estimate. Actual expenses, which may be greater or less, will be invoiced.
This agreement does not include additional work that may arise from changes in its development orientation by the Client; if the case arises, Photographer will have to inform the Client of these additional works and they will be budgeted separately.
Estimates are valid for 15 natural days, unless they have been accepted earlier, the date of acceptance being the effective date of the first transfer
Payment
The payment will be made in a first payment of 50% as approval of the budget and to start the work. The second payment will be due upon delivery of the final material. If the estimated production costs exceed the initial 50%, the customer must pay the entire production in advance. All payments will be made by bank transfer.
The start of the project will take place only from the date on which the client has provided all the necessary material for the start of the project and the specified advance payment has been done.
Grant of any reproduction rights to «The Licensee» is conditioned upon receipt of payment in full.
Copyright
All rights not expressly granted shall be reserved by the Photographer.
Modification of Photograph(s) and/or incorporation of Photograph(s) in any layout or concept shall not constitute a Joint Work.
Photographer, as author, may show whenever it deems appropriate, the work done for self-promotion by itself and his legal representatives.
The proposals submitted by Photographer and not accepted by the Client, imply the waiver of any right over them, being available to Photographer, as author / s of the same, the use freely desired and most convenient.
Necessary resources not contemplated in the quotation such as photographs, illustrations, icons, infographics and/or any stock resources requested by the Client are not included in the prices described. These will be provided by the Client or budgeted separately, and the rights, once paid, will be owned by the Client.
In the case of having to deliver a mixed project where typographies, photographs, illustrations or any type of graphic resource owned by Photographer are included, the original editable files will not be delivered unless this is specified in the quotation and the client has the license and right to use all the material used.
Use of images, licenses of use and additional usage
“Publicity” use is when the Client submits photographs to an outside publication (whether print or electronic) for editorial use and the Client (or their The Licensee) is not paying for that use. So «Editorial license» covers the use of the images as visual reference in blogs, publications and news articles on websites, newspapers and magazines, when the purpose is solely to inform, educate or entertain, and not to promote a brand, product or service, and it is prohibited to use them for commercial or advertising purposes. The rights for this license is only one insertion in the publishing media and 6 months in his digitals platforms, Spain. This broadcast may be modified in the quotation on a case-by-case basis
“Advertising” use is when the Client (or The Licensee) is paying for the placement of a photograph in whatever media it appears, such as in a newspaper, magazine, billboard, or website. So «Commercial license» includes the use by The Licensee of an image to advertise or promote a product or service, to obtain economic income, or to sponsor any product or service. The following options are available and will be indicated in the quotation. If none of them are indicated or if the quotation is not available, the «Standard Digital License» will always be considered.
- Standard Digital License
The «Standard License» grants the exclusive right to the advertiser and non-transferable for one year in Spain to use the content in the following media:
- On your websites, social networks (IG, LK or TT) and online video sharing services such as YouTube and similar video services.
- For private use and internal communication.
- Extended Digital License
Grants you the non-exclusive, non-transferable right for one year to use the content as mentioned in the standard license and:
- In mobile advertising, software, e-cards, e-publications, email marketing.
- In digital templates for sales or distribution purposes.
- Standard Print License
This license grants you the non-exclusive, non-transferable right for one year to use the content as mentioned in the standard license and:
- Point of Sale.
- Mupis, Marquees, Buses, Façades, and billboards.
- Business cards, CD and DVD surfaces,.
- In newspapers, books and magazines.
- Packaging: In labeling and packaging of physical products.
- Extended Print License
This license grants you the non-exclusive, non-transferable right for one year to use the content as mentioned in the standard license and:
- In small budget films, television programs, commercials or other similar productions.
- Merchandising: In merchandise for the purpose of sale or promotional distribution of textiles, artwork, mag- nets, wall-art, calendars, toys, stationery, greeting cards or other similar reproductions for the purpose of sale or promotional distribution.
This diffusion can be modified in the budget in each case.
“Internal Collateral” use is when the photographs appear in a publication that the Client produces, such as a magazine, brochure, pamphlet, poster or web site, and whose audience is limited to the The Licensee’s employees.
“External Collateral” comprise use is when the photographs appear in a publication the Client produces, such as an annual report, magazine, brochure or web site, and whose audience is The Licensee’s customers, shareholders, or the general public.
If The Licensee wishes to make any additional uses of the photographs not covered in the initial agreement, The Client shall obtain permission from the Photographer and pay an additional fee to be agreed upon.
Intellectual Property Rights
Use the content in a manner other than that permitted by the license purchased. All licensed content is the property of The Photographer, which means that only The Photographer is entitled to claim infringement of the content in the event that a third party exploits the material contrary to this agreement. The Photographer reserves all rights not expressly granted in this agreement.
The Photographer is not aware of any protected rights belonging to third parties that are contained by the present «The Agreement»; however, The Photographer cannot guarantee that such rights do not exist.
If you become aware or receive notice from The Photographer that the licensed content is exposed or at risk of being exposed for infringement, violation of another right, or any similar claim for whichThe Photographer may be held liable, you shall cease any future use of the content at your own expense or if necessary remove the content from your computer systems and storage devices (electronic or physical) against obtaining similar content for free from The Photographer. The use shall continue to comply with this «The Agreement».
Restrictions
Impersonate the creator of The Content by claiming to be the photographer.
Sell, sub-license, assign, convey, transmit, share or transfer any content, in whole or in part, or the rights associated with it to any person or entity.
Portray any person depicted in The Content in an unlawful manner or in a manner that a reasonable person would consider pornographic, defamatory, obscene or otherwise improper.
Display, use or reproduce The Content unlawfully or in a manner that a reasonable person would consider to be pornographic, defamatory, obscene or otherwise improper.
Incorporate The Content into a trademark, design mark, service mark, trade name, company name or logo.
Use The Content to create or participate in fake online profiles on any online platform that imply that it belongs to a person depicted in the content.
Use The Content in political campaigns or political materials, which imply that any person in the content personally endorses a political position.
Client representation and responsibilities
The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer’s interpretation of the assignment. If a Client representative is not present, the Photographer’s interpretation shall be deemed acceptable.
The Client acquires the commitment to deliver in due time and form the information and documentation necessary for the adequate development of the work. Otherwise, the agreed partial deliveries may be postponed, as well as the final date agreed for the resolution of the project.
The Client acquires the responsibility to review the design, texts and data before starting any printing, reproduction and/or publication process, and releases The Photographer from any responsibility for any errors that may occur.
The final files delivered to the customer are the responsibility of the customer and may be used for the execution of the licence. They will be kept by the client for the duration of the licence, at which point they must be destroyed. In addition the photographer will keep these files for 6 months from the date of delivery as a back up for the client as a courtesy gesture, and the photographer has no responsibility for them at any time for loss, corruption of the digital files, theft or fraudulent use of any kind.
Indemnification
The Client hereby indemnifies and holds the Photographer harmless against any and all liabilities, claims, and expenses, including attorney’s fees, arising from The Client and TheThe Licensee’s use of Photographer’s work.
Authorship credit
The credit «Photo: juliobarcena.com» shall accompany his photograph whenever practical.
Tear sheets
The Client will provide Photographer with a printed copy or PDF of any publication his Photographs appear in.
Schedule, Retouching and Turn around time
The working day is from 09:00 to 14:00 and 15:00 to 18:00 from Monday to Friday except national holidays. Services outside these hours are not contemplated and will be billed separately.
Normal schedule for processed files is 48 hours plus any retouching. There will be a 50% additional charge for 24 hour service, and 100% additional charge for same day service, plus retouching time.
Sensor spot cleaning and automatic tone/color correction of the images are included, as well as retouching at the Photographer’s discretion.
Any other additional retouching requested by The Client will be billed at a rate of 90.00€ per hour, or under previous additional budget.
Applicable Law
Any dispute arising out of or in connection with «The Agreement», including any dispute as to the existence, validity or termination thereof, shall be settled by arbitration administered by the Spanish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by the Spanish Institute of Arbitration and in effect at the time such proceedings are commenced.
In case of breach by you of any of the provisions of this “The Agreement”, Julio Barcena may terminate “The Agreement”. In the event of termination of the “The Agreement”, you must cease using any content and remove the content from your computer systems and storage devices (electronic or physical).
If any individual provision of this “The Agreement” is held to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provision shall be revised only to the extent necessary to make them enforceable.
Cancellation, Postponements and Refunds
If, once the project has started, The Client decides to terminate the contract and not to continue working with Photographer, the advance payment will not be reimbursed under any circumstances, including but not limited to termination of “The Agreement” for any reason.
In case of cancellation or postponement of a session by the client or his representatives before 24 hours before the beginning of the session, The Client must pay all expenses incurred and 50% of the booked subcontractors including the photographer. If a session is cancelled within 24 hours prior to the start of the session, 100% of the quote will be due.
If The Photographer ceases to provide the services for any reason, it will receive payment for the services provided up to that date.
Notices
All notices regarding the “The Agreement” must be sent to Julio Bárcena by e-mail to [email protected].