For the purpose of this agreement ‘the Photographer’ and ‘the Client’ shall where the context so admits include their respective assignees, sub-licensees and successors in title. ‘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.
III. OWNERSHIP OF MATERIALS
Title to all Photographs remains the 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 Client is put into receivership or liquidation. Where use is restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee, to 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 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 work, including entering the images into the Photographer’s collection for potential sublicense and publication worldwide.
If granted exclusivity, the licensee 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 self-promotion.
The Client agrees to indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure by the Client to obtain any clearances for which he was responsible in respect of Third Party copyright works, trademarks, designs or other intellectual property.
Payment by the Client will be expected upon receipt 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 Client, or otherwise at their request, the Client 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 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 or composition.
X. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation (normally on receipt of a confirmation email) and accordingly the Photographer will charge a fee for cancellation or postponement. Postponement or cancellation of project within 3 business days is charged at 100% fee plus all expenses incurred. Postponement or cancellation of project within 5 business days is charged at 50% fee plus all expenses incurred.
XI. RIGHT TO A CREDIT
If ‘Right to a Credit’ has been speciﬁed the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By stating ‘YES’ in the relevant box 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. Any editorial usage of images produced must be accompanied by a credit.
XII. SUPPLY TO THIRD PARTIES
The licence only applies to the licensee named on this agreement and its benefit shall not be assigned to any third party without the Photographer's permission.
XIII. ELECTRONIC STORAGE
Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
XIV. 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.
If you have any questions about these Terms & Conditions please contact us.