TERMS & 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" means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
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2. COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
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3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.
4.USE
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs 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 on the front of the form 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 for other purposes e.g. use in relation to another product or sublicensing through a photo library. Permission to use the Photographs 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 will be subject to these terms and conditions.
Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer. This includes applying filters on social media etc.
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5. EXCLUSIVITY
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs 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 for any purposes.
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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.
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7. INDEMNITY
The Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. 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.
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8. PAYMENT
All figures provided are estimates and not a quotation, therefore allow 10% contingency budget on all estimates. Expenses and production costs may need to be paid in advance of the Photographic shoot or on demand whichever is applicable. Terms of payment are immediate on invoices for expenses in advance and 30 days from date of all other invoices. All fees for the right to use Photography once agreed are payable irrespective of whether the usage is appropriated or not. For invoices paid after the 30 days payment terms then The Photographer reserves the right to charge ‘statutory interest’ (this is 8% plus the Bank of England base) plus £70 compensation for debt recovery under the Late Payment legislation.
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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. If an assistant is believed to be needed by the Photographer to achieve the brief they can be added.
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10. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
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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/postponement/reshoot. This includes verbal or agreements made via email/text. If a confirmed shoot is cancelled, postponed or it is necessary to reshoot for reasons outside the control of the Photographer (including but not limited to unsuitable weather/light), the following fees plus expenses in all cases are applicable: on shoots of two days duration or less, cancellation within 2 business day’s notice = 100% of fee plus expenses incurred. Between 3 & 6 business days notice = 75% fees plus expenses incurred. 7 business days notice and over = 25% fees plus expenses incurred. On shoots in excess of 2 days duration, cancellation with the number of shoot days or less = 100% of fees plus expenses incurred, within twice the number of shoot days = 75% fees plus expenses incurred, in excess of twice the number of shoot days 25% fees plus expenses incurred.
Pencilled or dates on hold must be confirmed at least two weeks before the shoot date or the dates will not be held.
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12. RIGHT TO A CREDIT
The Photographer's name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s) unless otherwise agreed by photographer. The Photographer also asserts his/her 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.
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13. LIABILITY
Photographer’s liability in any case is limited to professional fees, which have been agreed. Photographer shall not be liable to Client for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage or costs, expenses or other claims which arise out of or in connection with the Shoot.
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14. ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer.
If a proofing gallery is being sent to the client then the Photographer will assume that all images are approved if there is no response within 7 days of the gallery being issued. After 30 days of the images being delivered to the client there will be an admin fee of £50 to reissue a download link. It is therefore advisable to download the images immediately upon receipt of the download link. The photographer will keep the images stored for up to a year. After this time there is no guarantee that images will be able shared to the client again.
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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.