TERMS & CONDITIONS OF TRADE 2024©

1. DEFINITIONS

For the purpose of this agreement ‘the Client’ shall were the context so admits include their respective assignees, sub-licensees and successors in title. In cases were the Photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both ‘the Agency’ and ‘the Advertiser’ shall be interpreted as references to the Photographers client.

‘Photographs’ means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic.

2. COPYRIGHT

The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.

3. OWNERSHIP OF MATERIALS

Title to all Photographs remains the property of the Photographer. The License to Use images created are limited to each specific job and material may not be used by any other party or reason, or sold on in any scenario.

4. USE

The License 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.

Note: An agreement must be reached with the Photographer before the Photographs may be used for other purposes.

5. EXCLUSIVITY

The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, 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 work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.

6. 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 purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.

7. INDEMNITY

The Photographer agrees to indemnify the Agency and the Advertiser against expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/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 Agency 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.

8. PAYMENT

Payment by the Client/Agency will be expected for the commissioned work within 28 days of the issue if the relevant invoice. Late payments will result in an additional 5% surcharge by the Photographer per 28 day period without full payment. Any use of images use is withdrawn until full payment has been received.

9. EXPENSES

The Photographer retains the right to request a non-refundable deposit (up to 25%) before any work commences in order to procure materials, services or locations relevant to the commission.

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 Photographers normal rate to the Photographer in addition to the expenses shown on the relevant invoice as having been agreed or estimated.

10. REJECTION

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

11. CANCELLATION & POSTPONEMENT

A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.

12. RIGHT TO A CREDIT

The photographer claims his ‘Right to a Credit’ in all cases. The Photographer’s name or website address will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his 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.

13. SUPPLY TO THIRD PARTIES

The license to use images only applies to the Client/Advertiser and project as stated on the Invoice.

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.