Terms and Conditions for Photographers (“agreement”)
These Terms and Conditions for photographers are addition to Localgrapher’s General Terms and Conditions (https://www.localgrapher.com/terms-conditions/).
Photographer is accepting both General Terms and this agreement automatically when he/she accepts to do the photo shoot.
1) Localgrapher will contact the photographer with request for the photo shoot on a specific day and time. If photographer agrees and confirms availability, the contract between him/her and the client is formed. Photographer receives email with all the details about the photo shoot and client’s contact information. Photographer agrees to contact client within 24 hours after receiving this email in order to arrange all the details regarding the photo shoot. The photographer agrees to provide services in the best possible quality. The photographer agrees to provide friendly and pleasant service to the clients.
2) The photographer is paid approx. 40-60% of the price of the standard package booked by the traveler. Exact percentage is set with each photographer individually. Localgrapher will send the payment for all the completed photo shoots (meaning that final edited photos were delivered to Localgrapher) from previous month in one bulk payment no later than on 7th day of the following month. Example: Having shoots on Dec 1 – Dec 31 (and photos were delivered to Localgrapher within that timeframe as well): Receive the payment no later than on Jan 7. Additional travel fee is not paid to the photographer in most cases, only if the photo shoot is located away from the city centre and such fee is agreed with the traveler in advance. If the travel fee is lower than 20 USD then photographer needs to send invoice for such travel fee to Localgrapher no later than within 5 business days after the photo shoot. The photographer is then paid via PayPal in regular monthly bulk payment. Localgrapher.com is not responsible for and will not reimburse any additional fees charged to Photographer by PayPal for receiving such payment. Higher travel fees are covered by the client in cash directly to the photographer. The travel fee must be always reasonable and only for cities where the photographer doesn’t live. Photographer should bare in mind that adding travel fee to certain destination is lowering the chances of successful booking.
Localgrapher shows prices in USD.
BRONZE: 250 USD, 30 minutes, 20 photos
SILVER: 350 USD, 60 minutes, 35 photos
GOLD: 500 USD, 100 minutes, 60 photos
CUSTOM: custom packages can be agreed with the client in advance. The photographer will always get all the details of custom package before committing to do such photo shoot.
VIDEO PACKAGE: 450 USD, 1 hour of video shooting. Videographer must deliver all raw material in hi-quality to Localgrapher no later than within 2 business days after the video shoot. Videographer is not editing the final videoclip. Videographer gets 190 USD for this package.
2a) (this point is applicable for all new bookings starting from 21 November 2019) The photographer agrees that Localgrapher can offer the client a discount up to 30% of the full package price. In such cases, the payment to the photographer is lowered by half of the total discount amount. I.e. if the client is given a 20 USD discount, the final payment to the photographer is lowered by 10 USD.
3) Cancellation policy applies to all bookings made by travelers (see details here: https://www.localgrapher.com/terms-conditions/). The photographer will get 60% from the cancellation fee if the photo shoot is cancelled by a traveler less than three days before the scheduled photo shoot. If the photo shoot is cancelled a day and less before the photo shoot there is no refund for a traveler and the photographer will get 40% from the amount paid by the traveler. The photographer agrees to try his/her best to find another date and time so the photo shoot could be rescheduled and the traveler thus doesn’t have to pay any cancellation fee. Photographer gets 20% cancellation fee from the deposit paid by the client if the photo shoot was secured by the deposit from the client and later cancelled by the client less than three days before the scheduled photo shoot.
4) The photographer will deliver specified number of photos (see packages) in high resolution (at least 4000px on longer side) directly to the Localgrapher via wetransfer, dropbox or similar service no later than 3 business days (according to Czech calendar) after the photo shoot. Photos must not contain any watermarks, signs etc. The selection can’t contain same photos in black and white color versions. Photographer is not allowed to deliver the photos directly to the client – this is considered a breach of this contract and photographer won’t get paid for such photo shoot.
4a) The photographer can deliver more photos than specified in the package (all must be edited and in full resolution). Preview watermarked gallery with all the photos is delivered to the client in such case. Client has up to 10 days to make the selection of photos specified in the package. Client can order more photos. Each additional photo costs 15 USD. Photographer gets 5 USD for each additional photo ordered by the client. The photographer authorises Localgrapher to negotiate and offer better deals for clients who want to purchase more photos (offers such as 20 + 2 photos for free and similar). The final negotiated amount is then divided in the same principle as with the extra photos – ⅓ of the payment to the photographer, ⅔ of the payment to the Localgrapher.
4b) The terms for B2B (photo shoots for other businesses) photo shoots are always negotiated on ad hoc basis. Photographer is paid for B2B photo shoots in regular monthly bulk payments. Photographer is paid via paypal.
4c) Localgrapher reserves the right to offer lower priced packages that have same specifications (except price) as standard Bronze/Silver/Gold packages. Photographer is paid the same commission as usual however Localgrapher will will keep all the profits for extra photos if client orders any. There’s no commission for extra photos for photographer in this case. For these packages Localgrapher lowers the commission it usually receives to 25 – 50 USD and hopes to make up the difference in any extra photos the client orders. As such it is Localgrapher only facing the risk of the loss of profit.
4d) If the photographer agrees, he/she can work as a Master Class guide. Photography Master Class is a service offered to the clients. It is a photo walk with one of the photographers. The aim of the services is to show them the best photo locations, teach them how to take better photos, share tips and tricks about the composition, settings of the camera and approach to photography in general. Clients will not get any photos from the photographer. The aim is for the client to take as many great photos as possible by him/herself. Photographer’s payment for one Photography Master Class is 110 – 195 USD (1.5 – 3 hours) with the possibility to agree on customized packages. Masterclasses are offered to the clients starting from 21st November 2019.
5) Travelers have rights to use all delivered photos for personal and non-commercial use only. Traveler could i.e. print the photos, share them with friends etc. The photographer retains copyright for all the photos. Photographers guarantee that the photos or videos that they provide for their portfolio that will be shown on localgrapher.com are not limited in usage in any way. Photographer must have consent from all the people on the photos/videos for such usage. There can’t be any copyrighted/trademark content on the photos/videos. Photographer agrees that Localgrapher can use his/her portfolio photos/videos for marketing purposes (social media, website, printed promo materials etc.)
We will never sublicense your photos unless we ask for your permission first. We reserve the right to use the photos for promotional purposes on localgrapher.com, localgrapher’s social media profiles, ads, printed materials etc. We’ll do so only after the explicit consent for this given by the client.
The photographer can use photos from the photo shoot for promotional purposes of his/her photography business only (photographer can only use photos that were in the final selection of the photos delivered to the client). The photographer can publish photos only after confirming with Localgrapher which permissions were given to Localgrapher by the client. The photographer can not sell licences for the photos, sublicense them or use in any other commercial manner. Photos used for the photographer’s promotional purposes must be always linked to localgrapher.com website.
The photographer is not allowed, under any circumstances, to publish photos on online platforms and OTA’s such as TripAdvisor, Viator, GetYourGuide, KKDay, Expedia, Booking.com and similar services.
If the traveler states to Localgrapher or the photographer that he/she does not agree with the promotional usage of the photos then such usage is forbidden for perpetuity.
6) Photo shoots take place in any weather conditions. The photographer agrees to find places in the city that are suitable for photo shoots in given weather conditions. If the photographer and the traveler agree then the date and time of photo shoot could be changed because of the weather conditions. The photographer must immediately inform Localgrapher about such change.
7) The photographer will be given a mobile phone number and/or email address of traveler(s) to arrange details of the meeting with traveler(s). The photographer agrees to be reachable on the mobile phone at least 4 hours before the photo shoot. The photographer agrees that he or she will never give this traveler’s mobile number, email etc. to any third party and that such data will be deleted after the photo shoot.
7a) Photographer must protect all the personal data (including photos) of the client. Photographer is not allowed to share client’s data with any third party. All the data that are given to the photographer by Localgrapher must be deleted no later than within 5 business days after the photo shoot. Photographer agrees to protect the client’s data in the best possible way by using antivirus software, VPNs and encrypted secured communication. All hardware must be protected by physical systems such as secured doors, alarms etc.
7b) Photographer agrees to read the general Terms and Terms for photographers before accepting any photo shoot in case there are any changes to the text. By accepting the shoot you agree to the Terms and Terms for photographer in current version.
8) The photographer can opt out of the collaboration and upon which time photographer’s profile would be removed from the Localgrapher website no later than within 10 business days.
These terms apply starting from October 8th, 2019.
Old Terms for photographer are here.