For the purpose of this agreement "the Agency", "the Advertiser" and "the client" shall where the context so admits include their
respective assignee's, 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 "the Agency", "the Advertiser" and "the client" 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.
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
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. Any edited version of an image shall
also remain the sole property of the photographer.
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 eg 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.
The Agency, Advertiser or 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.
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.
The Photographer agrees to indemnify the Agency, the Advertiser or the client 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 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.
When booking the services of the photographer a non-refundable deposit will be requested from the Agency, the Advertiser and the client in advance of the requested shoot. This deposit varies depending on the service being booked but is a partial payment towards the final price of the shoot only. On the selected date we will request the remaining price of the shoot and/or any additional services requested by "the client". Payment of a deposit will secure a booking and reserve the time and date requested. We do not guarantee reservation of any booking, time or date without the payment of a deposit and reserve the right to take other bookings for this time frame until the deposit is secured. Any changes to a booking or rescheduling are at the photographer’s discretion. Cancellation of a booking will result in the loss of the paid deposit.
Payment by the Agency 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 Photographer 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.
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency, the Advertiser and client, 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.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition, editing or the choice of images taken. We will work closely in line with the requirements of the customer but the final creative decision is at the discretion of the Photographer.
12. 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 or postponement.
13. RIGHT TO A CREDIT
If the box on the estimate and the licence marked "Right to a Credit" has been ticked the Photographer's name will be printed
on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf 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.
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. Manipulation of the image or use of only a portion of the image
may only take place with the permission of the Photographer.
15. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
These Terms and Conditions shall not be varied except by agreement in writing.