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 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 client. This means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.

2.         COPYRIGHT

The entire copyright is retained by us at all times throughout the world. Moral Rights asserted at all times.

4.         USE

The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made before payment in full of the relevant invoice(s) without our 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 eg use in relation to another product or sublicensing through a photolibrary. 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.

5.         EXCLUSIVITY

Where agreed in the license, in writing before the shoot, The Agency and Advertiser will be authorised to publish the content to the exclusion of all other persons including the creator. However, the creator retains the right in all cases to  use the content 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.

6.         CLIENT CONFIDENTIALITY

The content 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 cont, save as may be reasonably necessary to enable the creator to carry out his/her obligations in relation to the commission.

7.         INDEMNITY

The creator 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, trademarks, designs or other intellectual property. The creator 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 creator 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 5 days of the film day(s). If the invoice is not paid, in full, within this period, the creator reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debts Regulations 2013 from the date payment was due until the date payment is made. We may also reject completion of your project with no refund of deposit. 

Late payment legal costs, letters or collections will be charged at the rate set by the photographer, or at cost by the collection agency.

9.         EXPENSES

Where extra expenses or time are incurred by the creator 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 creators normal rate to the creator 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 deposit being paid and accordingly the creators will, at his discretion, charge a fee for cancellation or postponement. This is typically 50% of the creative fee, plus any incurred or contracted expenses, within one week, and 100% within 48 hours of scheduled commencement of the start of work.

12.        RIGHT TO A CREDIT

If "Right to a Credit" has been asserted on the estimate, the creators name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). 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.

13.          ELECTRONIC STORAGE

Save for the purposes of reproduction for the licensed use(s), the content may not be stored in any form of electronic medium without the written permission of the Photographer.   Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.

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.

 

Adapted from terms provided by the Association of Photographers