Terms and Conditions of Photography Service

DEFINITIONS

For the purpose of this agreement “the Agency” 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 “the Agency” shall be interpreted as references to the Photographer’s client. “Photographs” means all photographic material furnished by the Photographer.

TERMS

It is agreed that the terms set out in this booking form is the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing

SPECIAL REQUESTS/COVERAGE

The client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes.

Any special requests not notified on this booking form must be made by the client to the photographer in writing.

THE PHOTOGRAPHER

On occasions and without notice it may be necessary for the photographer originally specified to be substituted by another photographer, (e.g. due to ill health) or a postponement requested as necessary.

COPYRIGHT

The entire copyright in the Photographs is retained by the Photographer at all times throughout the world. Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of the photographer in writing.

THE IMAGES

All image sizes are nominal. The photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film the exact colour as seen by the human eye.

CHANGES TO IMAGES

Manipulation of the image may only take place with the permission of the Photographer.

OWNERSHIP OF MATERIALS

Title to all Photographs remains the property of the Photographer.

Licence

The photographer shall be granted complete artistic licence including in relation to the poses photographed and the locations used. The photographer’s judgement regarding the locations/poses and number of images taken shall be final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.

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. 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.

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, accounting and for legal purposes. The Photographer may use images as part of their portfolio and include this on their website for portfolio use.

PAYMENT

Payment by the Agency will be expected for the commissioned work within 15 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 15 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. For any project over £800, a 20% non-refundable deposit must be paid 10 days before the start of the project.

CANCELLATION

The Client may cancel this contract at any time by giving written notice to The Photographer but in doing so shall forfeit any monies paid. Cancellation less than 3 days before the shoot will result in a fee worth 30% of the value of the contract. All cancellations must be in writing.

APPLICABLE LAW

This agreement shall be governed by the laws of England & Wales

VARIATION

These Terms and Conditions shall not be varied except by agreement in writing.­­