TERMS AND CONDITIONS
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.
3. PROMOTIONAL USE 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.
5. INDEMNITY The Photographer shall only be responsible for obtaining clearances for third party copyright works, trade marks, designs or other intellectual property if this has been expressly agreed before the shoot. In all other cases the client 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.
6. PAYMENT 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.
7. EXPENSES Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the client 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 shown overleaf as having been agreed or estimated.
8. REJECTION Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
9. DEPOSIT A non-refundable 25% deposit where possible is payable on confirmation of the booking.
10. CANCELLATION & POSTPONEMENT If a booking is cancelled fully by the Client less than 24 hours before the starting time, the Photographer reserves the right to charge the full fee for the assignment. If a booking is cancelled within two working days of the starting time, the Photographer may charge 50% of the full fee. In the event of the Photographer being unable to fulfil a booking due to reasons out of his control (e.g. including but not limited to; illness, vehicle breakdown, cancellation of public transport) the Photographer agrees to inform the client as soon as he becomes aware of the problem. The photographer cannot be held liable for any expenses or consequential loss incurred by the Client.
If the client is not paying an Attendance Fee to the Photographer, the Photographer reserves the right to cancel the booking at any time. When the client is paying an Attendance Fee the Photographer will make all reasonable efforts to make alternative arrangements with the Client with regards to the booking.
11. STORAGE OF PHOTOGRAPHS Upon receipt of Photographs, The client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. The Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read files provided. It is the responsibility of the client to make sure that digital files are copied to new media as required.
12. RIGHT TO A CREDIT The Photographer asserts the right to be credited as the author of the Photos in accordance with sections 77 and 79 of Copyright, Designs and Patents Act 1988. Any unauthorised reproduction of any Photos will constitute a breach of copyright.
13. LIABILITY Our entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to a fee in relation to the Photo Services and I shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses. The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.
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.