1. COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
2. DELIVERY and DEFINITION
The photographer will deliver to the Client those images listed on the invoice. “Images” are defined to include transparencies, prints, negatives, digital files, and any other form in which the images submitted can be stored, incorporated, represented, projected, or perceived, including forms and processes not presently in existence but which may come into being in the future.
3. FEE
Client shall pay the fee shown on the front of the invoice for the usage rights granted.
4. PAYMENT
Payment will be due to the Photographer within thirty (30) days of the date of an invoice or prior to publication of the image, whichever is sooner. Payments from outside Great Britain may be made by Telegraphic Transfer, Electronic Funds Transfer (EFT) or by Paypal. Payment by cheque or bank draft not in Great Britain Pounds will incur an additional fee to cover bank conversion charges. Such additional fee will be advised on request.
5. GRANT of RIGHTS
Upon receipt of full payment, Photographer shall license to the Client the rights set forth on the front of the invoice for the listed images.
6. RESERVATION of RIGHTS
All rights not expressly granted are reserved to the Photographer. Limitations on usage are shown on the front of the invoice.
7. TEARSHEETS
Client shall provide Photographer with a copy of the publication or tearsheet of any authorised usage. Client will grant the photographer rights to use the publication or tearsheet to promote her business.
8. RELEASES
Client agrees to indemnify and hold harmless the Photographer against any and all claims, costs, and expenses, including attorney’s fees, arising when no model or property release has been provided to the Client by the Photographer or when the uses exceed the uses allowed pursuant to such a release.
9. ASSIGNMENT
Neither party shall transfer or assign any rights or obligations hereunder without the consent of the other party, except that the Photographer shall have the right to assign monies due.
10. SUPPLY of IMAGES
All images supplied in digital format, whether on CD or by email, must be destroyed or deleted from computer hard drive's at the expiration of the licence period shown on the invoice. Where transparencies, negatives or prints will be supplied, they must be returned no later than 30 days from the date of the invoice. Client further agrees to return all of the transparencies, negative or prints at its own expense with sufficient protection by registered mail or bonded courier that provides proof of receipt. Where images are not returned within 30 days, an additional fee, being 50% of the fee shown on the invoice, will be payable for each additional 30 days or part thereof, until the images are returned.
11. LOSS, THEFT, or DAMAGE
Where transparencies, negatives or prints will be provided, Client agrees to assume full responsibility and be strictly liable as an insurer for loss, theft, or damage to the images and to insure the images fully from the time of receipt of images by the Client until the time of return receipt by the Photographer.
Reimbursement for loss, theft, or any damage to transparencies, negatives or prints shall be in the sum of £1500 for each image lost or damaged.
If applicable, the above amount to be payable within seven days of the loss, theft or damage to the original images.
12. REFUNDS
Where an agreement has been made between Client and Photographer and an image has been made available to Client, but not used, a written application for refund of licence fees will be considered. The Photographer shall be entitled to a service fee of not less than £25, plus reasonable expenses, including, but not limited to, telephone, internet, postage and stationary.
13. RIGHT TO A CREDIT
The Photographer's name will be printed on, or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts 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. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
16. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at her discretion, charge a fee for cancellation or postponement.
17. CLIENT CONFIDENTIALITY
The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out her obligations in relation to the commission.
18. APPLICABLE LAW
This agreement shall be governed by the laws of England and Wales.
19. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.
NOTE:
These terms and conditions may from time to time be changed without prior notice. |
