Terms & Conditions
1 Definitions
For the purpose of this agreement ‘the client’ is the party commissioning and paying the photographer.
‘Photographs’ means all photographic material provided by the photographer, whether it be Transparencies, negatives, prints or any form of
physical, electronic or digital media.
2 Copyright
The photographer retains the entire copyright of the photographs at all times throughout the world. No photographs
may be scanned or reproduced or manipulated in any way without the permission of the photographer, If it is discovered that an image has be
reproduced with out prior consent
and/or payment of fee, legal action may occur to recover damages.
3 Ownership of materials
Photographic film remains the property of the photographer.
Photographic paper onto which an image is produced is property of the client after payment is made. The client does
not own the copyright of the image that is printed on the photographic paper.
4 Licence to use
The Licence to use images will come into effect from the date of payment of the relevant invoice(s). No photograph
may be used for any purpose before full payment is made without the photographers express permission. Any permission given
for use prior to payment will automatically be revoked if full payment is not made by the due date. Where use is restricted
in the agreement, permission to use
the photographs for other purposes
after the licence to use has expired will normally be granted upon payment of a further fee, to be mutually agreed.
NOTE: An agreement must be made with the photographer before the photographs may be used for other purposes.
5 Exclusivity
The client will be authorised to publish the photographs to the exclusion of other persons. The photographer retains the right in all cases to us the photographs
in any manner at any time and in any part of the world for the purposes of advertising or promoting his work, after the exclusivity
period indicated in the licence to use the photographer may use the photographs for
any purpose.
6 Client Confidentiality
The photographer will keep confidential & will not disclose to any third parties or make use of material or information
communicated to him in confidence for the purposes of the photography, unless it is reasonably necessary to enable the photographer
to carry out the commission.
7 Indemnity
The photographer agrees to indemnify the client against all expenses, damages, claims & legal cost arising out
of any failure by the photographer to obtain clearances for which he/she was responsible in respect of third party copyright
works, trademarks, designs or other intellectual property. The photographer shall only be responsible for such clearances
if this has been expressly agreed before.
In all cases the client shall be responsible for obtaining such clearances and will indemnify the photographer against
all expenses, damages, claims & legal costs arising out of any failure to obtain such clearances.
8 Payment
A deposit or full payment to be made at time of booking or prior to commencement of commission. Unless otherwise agreed
full payment to be made within 30 days of invoice.
9 Expenses
If after been given either
verbally or in writing a quote the client alters the brief the photographer
has the right to charge the client
for any extra expenses incurred
that were not included in the original quote.
10 Rejection of images
If after the photo shoot the client rejects the images at the evaluation stage
the photographer reserves the
right to charge the client in full
for material cots and time irrespective of whether the client wishes to cancel the contract
or request a reshoot.
In addition there is no right to reject the images on the basis of style or composition providing the clients brief
has been met.
11 Cancellation & postponement
A booking is confirmed from the date of confirmation and accordingly the photographer will at his discretion charge
a fee for cancellation or postponement.
Deposits if made are non refundable unless at the photographers discretion.
E.G. If a deposit is made at time
of booking and the client then decides
to cancel the booking the deposit will not be returned.
12 Right to a credit
Where a photograph is published be it on paper or via an internet Website the
photographers name is to be printed on or near to all published reproductions. (Section 77-79 of the Copyright Designs & Patents Act of 1988)
13 Supply to third Parties
The licence only applies to the advertiser & product as stated on the front of the form.
14 Electronic storage
Photographs may not be scanned, reproduced, altered or manipulated in any way whatsoever without permission from the
photographer and the appropriate reproduction fee being made to the photographer.
15 Applicable law
The laws of England & Wales shall govern this agreement
16 Variation
These terms & conditions shall not be varied except by agreement in writing.
