Terms of Service
The fees quoted by Swarup Banerjee are for the original job description as presented by the client (referred to from here on as ‘the client’). Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses, which may be greater or less, will be invoiced. Quotes are valid for 30 days.
Cancellations & Postponements
In the event of cancellation or postponement of the shoot by the client, the client shall pay all expenses incurred by Swarup Banerjee such as travel and pre-production expenses up to the time of cancellation. If a shoot is cancelled within 24 hours of the shoot date, the client shall also pay 50% of the photographer’s anticipated fee and 100% of the anticipated fees of any subcontractors booked for the job.
In order to hold a particular shoot date, clients may be required to pay a retainer of 20% of their total fee upfront. It shall be understood that by holding a shoot date, Swarup Banerjee will be turning away other potential bookings for that date. In the event where a client cancels their booking, this amount will not be refunded.
Individuals and small businesses will pay 100% by the shoot date. Clients who are based overseas may be required to pay an up front deposit. Established companies based in Australia shall make payment within 30 days of the invoice. Late payments will be billed at Rs. 500.00/month handling fee and 1.5% month interest.
A day rate is based on an 8 hour day (or less). Within this period there is a 40 minute meal break and a 10 minute break every 2 hours. A half day rate is based on 4 hours (or less), with a 10 minute break after 2 hours.
Turn Around Time
Processed images from photography assignments lasting half a day or less are generally ready for delivery within 3 business days from the shoot date. Full day shoots may take up to 5 business days.
A 20% surcharge may apply to urgent requests where images are required within 24 hours.
“Publicity” use is when the client submits photographs to an outside publication (whether print or electronic) for editorial use and the client (or their client) is not paying for that use. “Advertising” use is when the client (or their client) is paying for the placement of a photograph in whatever media it appears, such as in a newspaper, magazine, billboard or website. “Internal Collateral” use is when the photographs appear in a publication that the client produces, such as a magazine, brochure, flyer, poster or website, and whose audience is limited to the client’s employees. “External Collateral” use is when the photographs appear in a publication the client produces, such as an annual report, magazine, brochure or website, and whose audience is customers, shareholders, or the general public.
If the client wishes to use any images not covered in the initial agreement, the client shall obtain permission from Swarup Banerjee.
It is the responsibility of the client to ensure that an authorized representative is present during the photography for the client. If no authorized representative is present, the photographer’s interpretation shall be accepted. Swarup Banerjee takes responsibility for ensuring that the images supplied to the client are of a professional standard, delivered in reasonable time, and that the subject (if working with people) receives adequate on- camera direction.
Swarup Banerjee shall not take responsibility in the case where a client is not satisfied with the overall look of the images due to the subject’s personal appearance. This includes cases for example where the subject looks tired or over weight. Inexperienced and first time subjects will understand that working in front of the camera is a skill that is gained through experience. While professional on-camera direction will be give to the subject Swarup Banerjee can not be held responsible if the subject does not respond to that direction.
While Swarup Banerjee may make suggestions to the client relating to hair, make up and wardrobe, final responsibility will remain with the client. In the case where a subcontractor such as a hair & make up artist is supplied by Swarup Banerjee, the client has the right to reject the services on the day of the shoot. No revocation shall be permitted on completion of the shoot should the client change their mind at a later date.
Licensing and Copyright
Generally, copyright of all images created by Swarup Banerjee will remain the property of Swarup Banerjee except in the case where a ‘buy out’ has been arranged. Images supplied to the client are licensed for the client’s use based on the client’s requirements. The licence will typically detail the period of time for the use of the images and the media the images can be used in. Occasionally there may be details regarding the territory the images can used in. In all cases, the licence will meet the client’s requirement as discussed prior to the provision of the quote.
Upon receipt of full payment the client will be licensed to use the images as detailed in the quote. The images are licensed to the client/s detailed in the quote. Editorial usage by third parties is permitted. Usage on a commercial basis by third parties will be negotiated with Swarup Banerjee.
Swarup Banerjee reserves the right to use any images from a photography shoot as ‘samples of work’ or in a portfolio context across all digital and print mediums. In situations where the client can be identified in an image, the image will not be sold on to third parties, photography libraries or used for advertising unrelated goods and services without the clients permission.
File Size Specifications
Unless specifically requested beforehand, all images will be supplied to the client as proof images in Jpeg format – 72 dpi and in RGB colour. Proof image are individually graded for colour, contrast and exposure. Retouched files are supplied as Jpeg files – 300 dpi and in RGB colour. The client shall advise Swarup Banerjee before the shoot date if a different format other than Jpeg is to be supplied. Format changes may incur additional charges.
The turn around time for standard retouching orders from photography shoots lasting less than half a day is 3 business days. A same day rush services can be provided for an additional 10% fee. Digital proof files are supplied edited and adjusted for general colour, contrast and exposure. Unless agreed to or specified in a set package beforehand, hand retouching is not included in the initial photography fee.
Quotes and special offers where hand retouching is included within a package are valid for 30 days from the date that the proofs were issued. Additional files orders after 30 days will be charged a $45.00 reorder fee on top of any additional retouching charges. There is no set turn around time for orders placed after the 30 day period.
To maintain consistency it is recommended that retouching orders from the same shoot be placed in the one order and at the same time. Retouching packages involving large groups of people such as corporate headshot photography must be ordered at the same time. The term ‘standard hand retouching’ covers simple skin blemishes, light fly away hairs, iris enhancing. More complex work such as softening wrinkles, slimming waist lines, work on jaw lines, work on clothing etc will be charged at an additional rate.
Swarup Banerjee does not provide file storage or take responsibility for loss or damage to files after they have been delivered to the client. On-line photo galleries used for delivering files to clients may be deleted after 30 days. It is therefore recommended that clients duplicate their files and store them across separate locations.
Professional Photographer • Kolkata