TERMS AND CONDITIONS
1. DEFINITIONS
For the purpose of this agreement "the Agency" and "the Advertiser" shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the Photographer's client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both "the Agency" and "the Advertiser" shall be interpreted as references to the Photographer's client. "Photographs or Video" means all photographic or video material furnished by the Photographer.
2. COPYRIGHT
The entire copyright in the Photographs or Video is retained by the Photographer at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs or Video remains the property of the Photographer. When the Licence to Use the material has expired the Photographs or Video must be removed from the clients hard drives, services, or any other storage materials or online platforms and websites.
4. USE
The Licence to Use comes into effect from the date of payment of the relevant invoice(s), and is detailed at the top of the estimate and quotation documents under 'USAGE LICENSING', above. No use may be made of the Photographs or Video before payment in full of the relevant invoice(s) without the Photographer's express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. The Licence only applies to the advertiser and product as stated and its benefit shall not be assigned to any third party without the Photographer's permission. Accordingly, even where any form of 'all media' Licence is granted, the photographer's permission must be obtained before any use of the Photographs or Video for other purposes eg use in relation to another product or sub-licensing through a photo-library. Permission to use the Photographs or Video for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs or Video will be subject to these terms and conditions.
5. EXCLUSIVITY
The Agency and Advertiser will be authorised to publish the Photographs or Video to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs or Video in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs or Video for any purposes.
6. CLIENT CONFIDENTIALITY
The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
7. INDEMNITY
The Photographer agrees to indemnify the Agency and the Advertiser against direct losses proportionate to the value of the work provided by the Photographer arising out of any failure by the Photographer to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or any other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot in writing. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
8. PAYMENT
Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
9. EXPENSES
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at the Photographer's normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.
10. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement. Deposits paid are non-refundable if the commission is cancelled less than four weeks before the scheduled commencement date. Typical cancellation and postponement fees are:
0-7 days = 100% of the fee
7-14 days = 75%
14-28 days = 50%
28-42 days = 25%
42+ days = 0%.
12. DEADLINES AND CLIENT SUPPORT
Any commitments to deadlines and schedules are made with the assumption of timely client support though documentation, feedback, and support of any kind when requested.
13. RIGHT TO A CREDIT
If "Right to a Credit" has been specified, the Photographer's name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By default, the Photographer asserts his statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
14. MANIPULATION OF THE IMAGE
Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
15. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales.
16. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.
17. 12 MONTH DELETION POLICY
All Photographs and Videos will be deleted by the Photographer from their hard drives after 12 months. The Client is responsible for protecting and backing up their own copies of any work delivered by the Photographer. If the client requires a hard drive to store large amounts of work, they are responsible for providing this within 8 months of the completion of the work.