TERMS AND CONDITIONS
HENRY ARVIDSSON PHOTOGRAPHY IS AN INDEPENDENT CONTRACTOR AND NOT AN EMPLOYEE.
 Definition: “Image(s)” means all visual representations furnished to Client by Henry Arvidsson Photography (or subsidiaries) (hereinafter “Photographer”), whether captured, delivered, or stored in photographic, electronic, or any other media. Photographer will deliver images encoded in an industry-standard data format (usually .jpg, .tif or .pdf) selected by Photographer unless otherwise specified by Client. It is Client’s responsibility to verify that the digital data (including color profile, if provided) are suitable for reproduction of the expected quality and color accuracy. Photographer’s sole obligation will be to replace or repair the data but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages. After delivery to Client Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client.
 Rights: All Images and copyrights relating to them remain the sole and exclusive property of Photographer unless otherwise specified in a contract. No rights are transferred to Client unless and until Photographer has received payment in full. The parties agree that any usage of any Image without the prior written permission or licensing (see below) of Photographer will invoke additional fees for each such usage.
Digital files contain copyright and other information; removing and/or altering such information is strictly prohibited and constitutes violation of copyright laws. Once a file is delivered to Client all fees and expenses payable under this agreement are required even if the image(s) are used by Client. Photographer grants no reprographic, reprint, republication or other secondary reproduction usages unless specified in the contract.
 Licensing: Images for personal, editorial and noncommercial purposes only are available through direct purchase/download from this website. These images are not for resale or redistribution to third parties. Each license (purchase) entitles the buyer to a one time limited download of the purchased file which may be stored in electronic format by the Client. Any misuse is the sole responsibility of the Client and may be subject to legal action. Payments are handled by PayPal without Henry Arvidsson Photography’s involvement or responsibility.
 Removal of Images: Client assumes insurer’s liability (a) to indemnify Photographer for loss, damage, or misuse of any Images. Unless the right to archive Images has been specifically granted by Photographer Client agrees to remove and destroy (delete) all digital copies of all Images after agreed use. Client assumes full liability for its principals, employees, agents, affiliates, successors, and assigns (including without limitation independent contractors, messengers, and freelance researchers) for any loss or misuse of the Images.
 Photo Credit: All published usages of Images will be accompanied by written credit to Photographer (example: © Henry Arvidsson / www.henryarvidsson.com) unless otherwise specified in writing. If no credit is given where credit is due Photographer may invoice a fee three-times multiple of original invoice as reasonable compensation to Photographer for the lost value of the credit line.
Client will provide a copy of each published use in the form of printed publication and/or PDF facsimile or URL within fifteen (15) days after the date of first publication of each use.
 Alterations: Unless specified in a Photographer/Client contract, Client will not make or permit any alterations except cropping and alterations of contrast, brightness, and color balance, consistent with reproduction needs. If client intends to use the image or parts thereof for composite or derivate work this must be specified in the Photographer/Client contract.
 Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Photographer, no model or property release exists, and it is Client’s responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Photographer. It is Client’s sole responsibility to determine whether any model or property releases delivered by Photographer are suitable for Client’s purposes. Photographer’s liability for all claims shall not exceed in any event the total amount paid under the invoice.
 Assumption of Risk: Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.
 Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. This agreement binds Client and inures to the benefit of Photographer, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. No amendment or waiver of any terms is binding unless set forth in writing (including e-mail) and agreed/signed by the parties. However, Photographers invoice may reflect, and Client is bound by, Client’s oral authorizations for additional Images, fees and expenses that could not be confirmed in writing because of insufficient time or other practical considerations.
 Disputes shall be adjudicated in Photographer place of business (currently The Hague, The Netherlands) and adhere to the DuPho Algemene Voorwarden.
 Overtime: Day rates are based on eight (8) consecutive hours, and Photographer may charge for excess time of assistants and freelance staff at the rate of 150% of their hourly rates.
 Assignment Cancellations and Postponements: Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment, plus 50 percent of Photographer’s fee; however, if notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100 percent fee. Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the assignment occurs after photographer has departed for location, and 50 percent fee if postponement occurs before departure to location. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.