Photographers - Terms and Conditions

Last edited: May 15th, 2023

You understand that by accepting these terms and conditions, you agree to provide Premium Photography services to the Clients of Renderby.com (hereinafter referred to as the “Company”) (present and future) in accordance with the terms and conditions listed herein (“Services”). All the previous agreements, arrangements and understandings between you and the Company in relation to the Services, if any, shall stand terminated from the date of your acceptance of these terms and conditions.

1) Scope of Services

The scope of your Services shall include, without limitation, the following:

i. You shall interact with the company’s Creative Directors and provide Still Image Photography services when the Client of the Company approaches the Company for any Still Image Photography services (any such project of the Client, a “Project”).

ii. The Company may assign prospective Clients for specific Still Image Photography related projects (such prospective client is defined herein as “Company Client”) to you. You shall interact with the Creative Director to determine the scope and extent of their Project and their specific requirements.

iii. The Support management is to be done by the Creative Director. You shall continue to interact with the Creative Director and Client on any ongoing Project and ensure its conclusion within the timelines agreed upon with the Company. You shall execute the project as per the Standard Operating Procedure (SOP) set by the Company under the guidance of the Creative Director handling each Project.

iv. In the event, due to unforeseen circumstances for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control, the Timeline has to be modified, then the Client shall be informed of the same in advance, and a revised Timeline shall be agreed upon with the Client. You agree and acknowledge that time is of the essence and breach of any agreed Timelines for any Project shall constitute a breach of these terms and conditions. In no event shall you cause any delay in the submission and the completion of the Project.

v. However, in cases wherein despite all efforts, if Timelines are still not met or project execution is not up to the mark then all parties involved in the Project shall call for a joint meeting to identify the defaulting party and such defaulting party only shall be penalized.

vi. During the Term (as defined herein below), you shall neither give nor accept any gifts or favors from any source within or outside the Company, in connection with or in relation to your association with the Company. You will only involve yourself in project related discussions directly with the Client and shall keep the Creative Director informed always about such discussions. You shall not withhold any information regarding the Client from the Company. In such cases wherein the Client is directly or indirectly reaching you regarding the same Project, bypassing the Company, please notify the Company immediately.

vii. You may use your own Photography Equipment as per Company requirements. However, it should be noted that the Company would not be held liable to any damages to the equipment or hardware or other software caused by any unforeseen circumstances. It is hereby clarified that for the Photography Services or while you are at the Company, you shall be solely responsible for all authorized/unauthorized Photography Equipments/hardware/software.

viii. Upon completion of each project, a copy of the raw files shall be maintained by you for a time period of 2 years. If a client asks for any changes on the project after the completion within these 2 years, you will be paid the nominal charges for the same upon mutually agreed terms.

2) Earnings

i. Commission: Renderby shall pay 80% of the project cost (excluding Renderby client fee) collected from the Client for each Project as Project Payment.

  • You shall be paid post collection after full and final completion of all services, including any additional project scope, in relation to the concerned project.
  • In case of upselling the images, an incentive shall be given to the respective photographer on a % basis
  • 30% of upselling value, which includes Post Production by the Photographer
  • 20% of upselling value, which does not include Post Production by the Photographer
  • Miscellaneous charges such as accommodation, travel, food, etc., shall be added to the bills & duly compensated at actuals by the Clients after bill review by the respective Creative Director.
  • Denomination for all international transactions shall be only in USD(for artists) & EUR. For India, it shall be in INR
  • VAT or any other Local Taxes are not applicable to be paid by the Company. However, within India, GST is applicable. 
  • We pay in full once the project is completed and approved by the client. For long-term projects, we make payments in parts. An advance payment can be made in special circumstances and can be discussed on project-to-project basis.
  • Our payout day is every Wednesday. After the client approves a project, we transfer the money to your bank or PayPal accounts, minus applicable fees. You may then make a withdrawal at any time. PayPal processes withdrawals within 24 hours, Monday and Friday. Bank Wires usually take 2-5 business days to reach you.
  • Note: If you receive funds in your bank account outside the USA, you will cover any intermediate transfer and currency conversion fees.

ii. In the event there is any change or revision in the agreed amounts payable from the Client for any Project due to any revision in rates or scope of the Project, such amount shall be adjusted with the Project payment amount agreed upon. In the event there is any refund receivable from you as a result of such adjustment, you shall return such amounts to the Company without any delay.

iii. If you fail to complete or abandon the Project prior to completion, you shall not be eligible for any payments with respect to any such Project. You shall be required to immediately and without demur and protest return all amounts received from the Company with respect to any such Project. The Company shall be entitled to terminate your Services with immediate effect in the event of such abandonment under Clause 3 of these terms and conditions.

iv. The earnings, incentives, payment schedules and all other related provisions as specified in these terms and conditions are subject to change at any point in time, with prior intimation from the Company.Miscellaneous charges such as accommodation, travel, food, etc., shall be added to the bills & duly compensated at actuals by the Clients after bill review by the respective Creative Director.

3) Termination

i. You shall provide your Services in accordance with the terms and conditions mentioned herein until your Services are terminated in the manner provided in this Clause (“Term”). The Company and you may terminate your Services without assigning any reason whatsoever by giving thirty (30) days’ email notice to the other party.

ii. Notwithstanding Clause 3(i), the Company may terminate your Services with immediate effect, in the event of any breach of the terms and conditions mentioned herein or any gross misconduct or any act or omission by you which may materially affect the completion of any of the Project.

iii. You hereby agree that during or upon termination of your Services, you shall not disparage the Company, its officers or employees in any manner, including on any public forum, online media or to any Clients. In the event you disparage the Company, its officers or employees in any manner, the Company reserves the right to take all actions against you that it may deem necessary, including without limitation, complaints/petitions before statutory, regulatory, judicial or quasi-judicial authorities and other forms of legal proceedings.

4) Your obligations as a Photographer

i. During the Term and for a period of one (1) year following the termination of your Services, you shall not, without prior written consent of the Company, directly or indirectly employ, engage the services of or solicit any employee of the Company.

ii. You shall not entice, solicit or in any manner directly or indirectly approach or transact or engage to provide services which are or can be provided by the Company to the Client/s of the Company or those referred by the Client/s of the Company, with whom you are / were associated with as a result of your Services, either during the Term or until one (1) year from the termination of your Services.

iii. You are hereby allowed to provide services (which cannot be provided by the Company) to the leads/clients of the Company subject to prior written confirmation & approval from the Company.

iv. You shall publish on the world wide web (online) or any other forum/venue/place, whether physical or digital, details of the Project, photographs, either during the Term or any time post the termination of your Services, with the prior intimation to the Company, with the following conditions:

  • Photographers shall publish on their website and social handles by mentioning.
    • “In collaboration with Renderby.com” – for Websites & LinkedIn
    • “In collaboration with @render.by – for Instagram and Social networks
 

v. You shall not replicate any photographs related to a Project (including any Project worked by other Photographers for the Company) and execute it for the clients of the competitors of the Company either during the Term or after termination of your Services.

vi. The selling rights are solely 100% owned by Renderby. For every upselling of the photographs by Renderby, the photographers get a royalty of said % mentioned in the pricing policy.

5) Delivery of Photos/Videos

i. All project related communication shall happen on Renderby’s Project Management Workspace, which includes sharing the preview images and the final images, videos. We will deliver your photos as per agreed timelines to the Client on project basis duly notified by the respective Creative Directors.

6) Cancellation Policy

i. If the Client cancels within two days of the scheduled photo shoot then you are eligible for 50% of the project payment (refer Clause 2)
ii. If the Client cancels within seven days of the scheduled photo shoot then you are eligible for 25% project payment(refer Clause 2)

7) Confidentiality

i. All information and materials obtained directly or indirectly in relation to the Company or its Clients; all knowledge about the business, products, programming techniques, experimental work, Clients and Photographers of the Company; details of all Leads; these terms and conditions; details of earnings, incentives and compensation payable to you or other partners/employees/contractors of the Company; samples; catalogues; models; computer programs; designs and any other miscellaneous particulars of any projects of the Company, are and will be the trade secrets and confidential and proprietary information of the Company (“Confidential Information”).

ii. Without in anyway limiting the generality of the definition of Confidential Information in sub-clause

(i), Confidential Information shall include any information that may relate to Company’s business, financials, and/or have commercial or other value to the Company or and is confidential or proprietary in nature, whether explicitly designated as such or not, including but not limited to concepts and techniques, formulas, specifications, research, development, data, database, software design and architecture, interior designs, drawings, plans, master plans, design briefs, computer programs, source code, object code, flow charts, photographs, information related to the Company’s affiliates, Clients, their business details, data, drawings, designs, technical, business and financial information, supplier and product development plans or information, schedules, forecasts, strategies, marketing plans, techniques, and materials but does not include:

A. Information that is proven to have been obtained by you legally on a non-confidential basis, prior to the time of disclosure of such Confidential Information;
B. Information that becomes generally available to the public other than as a result of your disclosure in violation of these terms and conditions or its obligations to a third party; and
C. Information that can be documented as independently developed by you without use of any portion of the Confidential Information.


iii. You shall NOT be entitled to disclose or copy photographs, samples, catalogues, models, computer programs, documents or other instruments furnished by the Company hereunder and containing Confidential Information, unless and to the extent permitted by the Company in writing. All photographs, samples, models, computer programs, documents and other instruments furnished hereunder and containing confidential information shall remain the property of the Company. Such instruments and copies thereof generated shall be promptly returned by you upon the Company’s request or in any event of termination of your Services.

8) Indemnity

You shall defend, indemnify and hold harmless the Company, subsidiaries and holding companies and all of their respective Clients, officers, directors, agents, partners, associates, and employees (“Affiliates”) from and against any and all third-party suits, proceedings, claims, liabilities, actions, judgments, costs and expenses incurred, including attorney’s fees, to the extent arising out of (a) breach of any of the terms and conditions specified herein; (b) your non-performance or inadequate performance of the Services; (c) your act and/or omissions or any act of willful misconduct and/or gross negligence in the performance of the Services; or (d) loss, misappropriations, misuse or damage to the documents or instruments / things, including the Confidential Information that are in your possession or within your control.

9) Miscellaneous

Notices: Notices shall be given by you to Renderby via email to [email protected] (or to such other email address as Renderby may specify in writing) and (ii) Renderby to you by email to the email address provided by you.

Changes to these Terms and Conditions: The Company may modify, amend or update all or part of these terms and conditions with prior intimation to you.

No Waiver of rights: The failure or delay of either party to exercise or enforce any right or claim in these Terms and Conditions does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party.

Dealing with a controversy or a dispute: In case a controversy or a dispute related to a Project, SoP, these Terms and Conditions and/or other written policies and procedures posted on the Renderby Platform should arise between you and Renderby, you and Renderby agree to engage in discussions in good faith in order to try to resolve the controversy or dispute. Further, you expressly agree to follow the procedure set out in the Procedures for Resolution of Controversies and Disputes and to be bound by the ruling.

Governing law and venue: These terms and conditions shall be governed and construed in accordance with the laws of India. The courts in Chennai, India shall have exclusive jurisdiction over all disputes arising herefrom. In the event of the parties being unable to resolve such disputes amicably, the parties shall refer such disputes to arbitration. The arbitral tribunal shall constitute a sole arbitrator. The arbitration proceedings shall be conducted in English in accordance with the terms of the Arbitration and Conciliation Act, 1996. Notwithstanding this Clause, either party shall be entitled to seek interlocutory remedies such as an injunction, attachment, etc. with any law court of competent jurisdiction.

Authority: No signature is required for this agreement to be personally signed by an employee of Renderby as it is duly authorized by the company “RENDERBY”.

For any clarifications and questions please contact [email protected]

Estefania was very kind and professional to work with. A little difficult for the different local times to work with different artists but they put great effort to sort the problems out but it could end up with some delays. All the renders were very good in the end. thanks again

Pasquale Pinto
Redfish Design