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. Images are licensed to the client under the terms listed on the estimate or agreed in advance in writing.
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. Deposits are non refundable.
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 provided evidence of such expenses is provided to The Client and provided 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. If The Photographer is unavailable for the new date, the booking will be deemed cancelled and the below cancellation fee will be due.
b. Cancellation:
i. Within twenty-four (24) hours of the shoot: 100% of total fee, plus any reasonably incurred expenses.
ii. Within forty-eight (48) hours of the shoot: 75% of total fee plus any reasonably incurred expenses.
iii. Within seventy-two (72) hours of shoot: 50% of total fee, plus all agreed and reasonably incurred expenses.
iv. Within twenty-eight (28) days: 25% of total fee plus all agreed and reasonably incurred expenses.
5. CONDUCT OF THE SHOOT
5.1 The shoot will be arranged on date(s) mutually agreed between the Parties.
5.2 During the shoot the Photographer will take account of the Client’s reasonable instructions in respect of the shoot brief.
5.3 If the Client is not present during the shoot then the Photographer’s interpretation of the brief shall be deemed acceptable to Client.
6. OVERTIME AND ANTISOCIAL HOURS
6.1 A normal day is up to 9 hours (including 1 hour for lunch) between 9am and 6pm on any Working Day.
6.2 Any hours worked outside a normal day (“Antisocial Hours”) will incur additional overtime fees for the Photographer, crew and facilities. These will be agreed between the Parties.
6.3 Additional fees for crew, facilities and any other third parties required to work Antisocial Hours shall be as set out in their standard terms or otherwise negotiated.
7. 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 Supplier 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.
8. PAYMENT
Payment by The Client is due by the date stated on the invoice with a maximum of 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.
9. EXPENSES
9.1 All expenses figures provided in advance of a shoot are estimates only and the Client should allow a minimum 10% contingency budget in all cases.
9.2 The Photographer will endeavour to work within the agreed cost estimate, but individual costs within the Estimate may vary at his/her discretion to enable the most effective realisation of the brief.
9.3 Receipts for expenses can only be provided if requested prior to shoot confirmation. Provision of receipts will incur an accountancy charge of 1.5% of total costs and fees incurred in respect of the Assignment subject to a minimum charge of £250 and a maximum of £600.
9.4 Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at its request, the Client shall be liable to pay such extra expenses and additional fees at the Photographer’s normal rate.
10. STORAGE OF MATERIAL
The Client shall ensure that it takes appropriate steps to keep safe an exact digital copy of all Material supplied for the duration of the Usage Licence. The Photographer will not be responsible for archiving any Material unless by prior written agreement with the Client.
11. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
12. DELIVERY
12.1 Following completion of the shoot the Photographer will deliver the Material to the Client as soon as reasonably practicable and in the agreed format to enable the Client to select the Licensed Images.
12.2 Subject to any previously agreed deadlines for post-production work the Photographer will carry out any such work required as soon as reasonably practicable but cannot guarantee urgent turnaround.
13. INDEMNITY
The Client shall indemnify the Photographer and keep him/her and their respective officers and employees indemnified on a continuing basis against all liabilities, claims, costs, damages and expenses claimed or incurred (including legal costs) or licence fees due by reason of any infringement claim, or alleged infringement, of any intellectual property rights relating to any failure by the Client to obtain third party clearances or arising out of use of the Material by the Client or the Advertiser outside of the Usage Licence or otherwise as a result of any breach by the Client or the Advertiser of these terms.
14. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
15. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.