TERMS & CONDITIONS
“Photographs”, means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
. COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
. OWNERSHIP
Title to all Photographs remains the property of the photographer.
. 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. 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.
. EXCLUSIVITY
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons. Unless specifically excluded 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 any usage to be exploited in any media in perpetuity and for 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 all purposes.
. 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 purpose of photography, save as may be reasonably necessary to enable the photographer to carry out his/her obligations in relation to the commission.
. PAYMENT
Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice.
. EXPENSES
Where extra expenses or time are incurred by the photographer 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 Photographer’s normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.
. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
. CANCELLATION
A Cancellation fee of 50% of the agreed commission fee is to be paid for shoot cancellations within 72 hours of the agreed shoot time.
. 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.
. THIS COMMISION IS SUBJECT TO ALL TERMS AND CONDITIONS ABOVE.