The following terms and conditions are applicable to all photographic shoots and moving image productions, whether commissioned or not, paid or not.
- It is hereby agreed that the Photographer is recognised and constituted as the Author of the commissioned works produced and shall be the owner of the copyright therein throughout the world. A License to Use is granted to the Client for the specified use. No other right besides those specifically included in the license are granted in respect of the work(s).
- This License is conditioned upon receipt of payment in full by the Photographer within the payment period agreed. All rights not expressly granted to the Client remain the exclusive property of the Photographer. The Client may not transfer or assign this License without the express written consent of the Photographer. “Client” refers to the person or organisation, its representatives, successors, assignees, agents and affiliates requesting the provision of photographic services and supply of photographs.
- Images commissioned for the shoot require approval by the Client on set. Should images be rejected for any reason whatsoever after the shoot the Client will be liable for the payment of the Invoice based on the final Cost Estimate in full. No license as contemplated in clause 1 is granted in respect of rejected images notwithstanding payment as aforementioned
- Where additional expenses are incurred by the Photographer due to changes in the original brief by the Client or by circumstances beyond the Photographer’s control, the Client agrees to pay such reasonable expenses and/or fees at the Photographer’s normal rates.
- The commencement of the shoot signifies the acceptance of the final Cost Estimate in it’s entirety and the adoption of this agreement by the parties. This Agreement constitutes the sole record of the agreement between the parties and supersedes all previous agreements.
- For editorial use, the Client agrees to provide a credit line in the form of the Photographer’s trading name in type no smaller than the nearest text and immediately adjacent to the picture used or the editorial fee is converted to the full commercial fee.
- The Client agrees to indemnify and save harmless the Photographer against all liabilities, claims and legal costs arising out of the Client’s use of the photographs.
- The Photographer retains the right to use the Photographs in any manner, at any time and in any part of the world for self promotional purposes.
- In the event of non-payment or other breach
of this agreement by the Client, the Client shall pay all of the Photographers costs and expenses incurred in the enforcement of the terms of this agreement, including the Photographer’s attorney’s fees and the license contemplated in clause 1 shall not exist and be of no force or effect.
- No variation of the terms of this contract shall be recognised unless agreed in writing.
- This agreement shall be governed by the laws of England and Wales, the United Kingdom of Great Britain.
- ‘Statutory interest’ (8% plus the Bank of England base rate) will be charged on all overdue accounts.