Level 5 photography
Professional Studies
Week 8
Terms and conditions
Definitions:
For the purpose of this agreement ‘Client’ shall where the context so admits include their agents, intermediaries, assigners, 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.
Copyright: The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
Ownership of Materials:
Title to all Photographs remains the property of the Photographer. When any Licence to Use the material has expired the
Photographs must be returned to the Photographer in good condition within 30 days.
Use
Any Licence: to Use comes into effect from the date of payment of any outstanding balance. No use may be made of the Photographs
before payment in full 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. If issued, the
Licence only applies to the Client and product as stated on the front of the form and its benefit shall not be assigned to any third party
without the Photographer’s permission. 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, eg use in relation to another product or
sublicensing through a photolibrary. Permission to use the Photographs for other 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.
Exclusivity
The Client: will be authorised to publish the Photographs subject to the agreed exclusivity period. 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 her work, including entering competitions and awards. After the exclusivity period indicated in any Licence to Use the
Photographer shall be entitled to use the Photographs for any purposes.
Client Confidentiality
The Photographer will keep confidential and will not disclose to any third parties or make use of the 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.
Indemnity:
The Photographer agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by
the Photographer to obtain any clearances for which she was responsible in respect of third party copyright works, trade marks,
designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances 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.
Payment: Client will be expected for the commissioned work as agreed. If not paid, in full, by the agreed date 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.
Expenses :
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 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 and Postponement:
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at discretion, charge a fee for
cancellation or postponement. The due performance of this agreement is subject to alteration or cancellation by either part owing to
any cause beyond their control. The Client may cancel this agreement at any time by giving written notice to the Photographer but, in
doing so, will forfeit any monies paid.
Right: Credit
The Photographer asserts Right to a Credit and the Photographer’s name should be printed on or in reasonable proximity to all
published reproductions of the photographs.
Electronic Storage:
Save for the purposes of reproduction of the licensed/agreed use, 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.
Limitation of Liability:
In the unlikely event of total photographic failure or cancellation of this contract in any other circumstance the liability
of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential
loss.
Applicable Law
The agreement: shall be governed by the laws of England and Wales.
Variation
These Terms and Conditions: shall not be varied except by agreement in writing.
