This agreement between the undersigned photographer (hereafter “Photographer”) and the undersigned client, (hereafter “Client”) governs the assignment described in the accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning that assignment.
Julio Bárcena López, 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 Julio Bárcena López, being understood as suficient.
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.
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.
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.
If Photographer ceases to provide the services for any reason, it will receive payment for the services provided up to that date
Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full. 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 use
«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 basic rights for this license is 1 year, Spain, client’s website. This broadcast may be modified in the quotation on a case-by-case basis.
«Commercial license» includes the use of an image to advertise or promote a product or service, to obtain economic income, or to sponsor any product or service. The basic rights for this license is 1 year, Spain, client’s website. This diffusion can be modified in the budget in each case.
«Internal Communication» comprises use in a publication that The Client produces, such as a magazine, brochure, poster or website, and whose audience is limited to The Client’s employees.
«External Communication» comprises use in a publication that The Client produces and whose audience is customers, shareholders, or the general public.
If Client wishes to make any additional uses of the photographs not covered in the initial agreement, Client shall obtain permission from the Photographer and pay an additional fee to be agreed upon.
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.
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, 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.
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 () from any responsibility for any errors that may occur.
Client hereby indemnifies and holds the Photographer harmless against any and all liabilities, claims, and expenses, including attorney’s fees, arising from Client’s use of Photographer’s work.
A credit in the name of shall accompany his photograph whenever practical.
Client will provide Photographer with a printed copy or PDF of any publication his Photographs appear in.
The working day is from 09:00 to 14:00 and from 15:00 to 18:00 from Monday to Friday except national holidays. Services outside these hours are not contemplated and will be billed separately.
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 80.00€/hour per hour, or under previous additional budget.
Estimates are valid for 15 days, unless they have been accepted earlier, the date of acceptance being the effective date of the first transfer.
