Terms & Conditions
‘Photographs’, means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
1. COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
2. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer, in perpetuity throughout the world. When the Licence to Use the materials has expired, any further use must be negotiated.
3. EXCLUSIVITY
The Client 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.
4. CANCELATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly The Supplier will, at his discretion, charge a fee for cancellation or postponement by The Client. If such a fee is charged:
a. Postponement:
In the event the booking is postponed by The Client with a new date allocated, the booking will carry over and all fees shall be applied to the new date allocated as if this was the original date of the Event, and 100% of any reasonably incurred expenses incurred up to the date of postponement will be due and where practicable any work and preparation already carried out is carried over to the new date allocated. This is subject always to the expenses having been agreed between the parties and actually incurred by Supplier before cancellation.
b. Cancellation:
i. Within seven (7) days of the Event: 100% of total fee, plus any reasonably incurred expenses.
ii. Within fourteen (14) days of the Event: 75% of total fee plus any reasonably incurred expenses.
iii. Within twenty-eight (28) days of Event: 50% of total fee, plus all agreed and reasonably incurred expenses.
iv. More than twenty-eight (28) days: 25% of total fee plus all agreed and reasonably incurred expenses.
5. USE
Video and Photography may be used in advance of invoice being paid once Purchase Order has been raised and/or invoice submitted. Use comes into effect from this date. The Photographer retains the right to revoke any permission which may be given for prior use if full payment is not made by the due date or if The Client is put into receivership or liquidation.
6. PAYMENT
Payment by The Client 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 Supplier 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.
7. 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.
8. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
9. 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.
10. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
11. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.