1) AGREEMENT - This contract between David Shepherd (hereafter “Photographer”) and Client, (hereafter “Client”), governs assignments executed by the Photographer for the Client on Agreed Shoot Date, and constitutes the entire agreement between the parties concerning those assignments.

2) COMPENSATION – The Client will pay the Photographer a fee, inclusive of all normal expenses, to be agreed upon per assignment, for specified usage. A retainer of 50% of the total fee is due prior to the assignment date.

3) PAYMENT - The client will make payment within 7 days of receipt of the invoice or prior to the event. Payments can be made via cash or electronically. If for any reason this method does not work, a reasonable alternative solution can be used.

4) COPYRIGHT – All photographs are copyright by the Photographer. Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full. All rights not expressly granted to the Client shall be reserved by the photographer.

5) ELECTRONIC AND WEB USE - If Client wishes to use any photos in the World Wide Web edition of their publication, or in any other electronic form beyond the scope of this event, Client shall seek permission from the Photographer in advance and pay an additional fee to be agreed upon.

6) FOREIGN LANGUAGE & FOREIGN EDITION USE - If the Client wishes to use any of the Photographer’s photos in a foreign language edition of the publication or in an English language edition outside of the United States, Client shall seek prior permission from the Photographer, and pay an additional fee to be agreed upon.

7) REPRINT USE - If the Client wishes to sell, distribute, or give permission to sell or distribute article reprints at any time, for any purpose, to anyone, the Client shall seek permission from the Photographer in advance and pay an additional fee to be agreed upon.

8) PROMOTIONAL USE - Without additional fees, the Client may use the Photographs to advertise or promote only the issue of the publication in which they appear, and provided the Photographs are shown in the original context of that publication and provided the Client has the permission of any subjects in the Photographs. If the Client wishes to use the photographs for any promotion at a later date, or out of context at any time, the Client will seek permission from the Photographer in advance and pay an additional fee to be agreed upon.

9) STOCK USE - If the Client wishes to reuse any Photographs generated from an earlier assignment, the Client shall notify the Photographer in advance of that use and pay an additional fee to be agreed upon.

10) THIRD-PARTY USE - Client will not assign or transfer the rights granted herein or authorize the use of Photographs (whether in the context of the Client or not) to any third party for any reason.

11) OTHER USE - If the Client wishes to make any use of the Photographs not covered by this Agreement, Client shall seek permission from Photographer in advance, and pay an additional fee to be agreed upon.

12) CANCELLATIONS, POSTPONEMENTS - In the event of a cancellation or postponement of a shoot by the Client or subject, Client shall pay 50% retainer of anticipated photographic fee to Photographer. If a shoot is canceled within 24 hours of departure for the shoot, the Client shall pay 50% of the anticipated photographic fee. The same policy holds for cancellations due to bad weather. 

13) CLIENT REPRESENTATION - 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.

14) EXCLUSIVITY - Assignment Photographs will be exclusive to the Client for a period of thirty days from publication or six months from receipt, whichever is less. Unless otherwise agreed upon, the use of stock Photographs shall not be considered exclusive.

15) INDEMNIFICATION - Client hereby indemnifies and holds Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client’s use of Photographer’s Work.

16) AUTHORSHIP CREDIT - A credit in the name of the Photographer shall accompany his photograph, on the same page, where it is reproduced, except for the case of a cover photo, where the credit may appear on the table of contents page. In the case of multiple photos, it may appear once at the beginning of the spread. Any credit omission will be rectified by the Client including a correction in the following issue, or by the Client paying the Photographer to double the otherwise agreed-upon fee.

17) TEAR SHEETS - Client will provide Photographer with two entire copies of any publication his Photos appear in.

18) INDEPENDENT CONTRACTOR STATUS - Photographer acknowledges that he is an independent contractor, and is responsible for paying the proper taxes and insurance as such.

19) TURN-AROUND TIME – Normal schedule for final image delivery is 45-60 days or agreed on a date between the photographer and client.

updated: 2/6/2025