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TERMS OF TRADE
DEFINITION - For the purpose of this agreement "the Client" shall, where the context so admits, include their respective assignees; sub-licensees and successors in title.
"Photograph" means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
1. TERMS OF PAYMENT
Down payment in the sum specified on the front page is due upon t he signing of this agreement. Balance is due upon presentation of the invoice. The Photographer reserves the right to charge a 2% surcharge per month on the amount out standing after 45 days.
2. COPYRIGHT AND OWNERSHIP
Ownership of and all local and international copyright in t he photographs is retained by the Photographer save for express agreement in writing to the contrary. Rights to the photographs may not be released or assigned to any third party unless a mutual agreement has been reached between the Photographer and the Client. When the license has expired and/or upon publication, the Photographs must be returned to the Photographer in good condition within 30 days. The Clients has the option to purchase all rights to the original photographs.
3. USAGE
No usage rights will be granted until full payment has been made or if any of the terms of this agreement have been breached. Usage is for Singapore only, unless otherwise stated in the agreement. A reasonable duration of one calendar year is granted for first usage, after which time an additional charge will apply. Additional charges will also apply for usage not stated in the contract. Usage outside Singapore : If used in the same media but in the following regions:
A. The rest of Asia and the Pacific,
B. Europe
C. The Americas
The following additional charges will apply.
50% of the original photography fee if used in one of the regions.
75% of the original photography fee if used in two of the regions
100% of the original photography fee if used worldwide.
For additional or extended usage in the same media in Singapore , 30% of the photography fee will be charged for each new media placement. Other media usage:
e.g.: An additional charge of 50% of the photography fee will be charged if used in a TV commercial, 20% for audio- visual use, etc. Digital or other electronic usage will be negotiated on an individual basis.
4. CANCELLATION AND POSTPONEMENT
The Client is responsible for the payment of all expenses incurred up to the time of cancellation and 50% of the Photographer's fees, unless mutually agreed otherwise. For cancellation with less than 48 hours notice, the Clients will pay 100% of the Photographer's fees. Weather postponement: If less than 12 hours notice is given prior to the location departure, the Client shall pay 50% of the Photographer's fee, after departure 100%.
5. EXPENSES
The Clients shall pay all quoted expenses and all expenses arising from any alteration of the original job description.
6. MODEL RELEASES AND FEES
If required by the Client, the photographer will provide PPAS approved model release forms for the talent to sign. The Client shall be responsible for all payments to all required talent.
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