Terms and Conditions
To be transfered to the following account in accordance with the below stated terms.
Bank: Natwest Name: Montana Lowery / Account No: 22807837 / Sort Code: 54-10-31
THIS COMMISION IS SUBJECT TO ALL TERMS AND CONDITIONS stated here. UNDER CLAUSE 4. NO USE MAY BE MADE OF THE PHOTOGRAPHS UNTIL THE INVOICE IS PAID IN FULL.
Your quote can be accepted via email, upon which 30% deposit of the final balance must be paid before work can commence. Any quotation may be invalidated if not accepted by the customer after 30 days from the date of the quotation given. Any work outside of the specified project scope may be charged at an hourly rate. ie: overtime
Terms and Conditions
For the purpose of this agreement “the Agency” and“the Advertiser” shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where 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 Photographer’s client. “Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world. For the life of the photographer plus 100yrs.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the photographs must be returned to the Photographer in good condition within 30 days. With digital use they must be removed from website and cease use on social media in future reference, prints taken down from shops, cease all 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 written 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. The Licence only applies to the advertiser 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 sub-licensing through a photo library, more use due to a business change ie an online store moving into a shop premises.
All licence's are a rolling contract for existing clients from the first job the photographer quoted for, the photographer must be notified of any new terms of usage in order to update the Licence and quote accordingly. All licences are 1yr usage plus 1yr exclusivity unless otherwise agreed in wiring.
Permission to use the Photographs for 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.
Photographs must not be used in conjunction with another photographers work unless clearly credited.
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/her 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.
The Photographer agrees to indemnify the Agency and the Advertiser against all 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.
Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days 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.
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 / Client, 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.
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 if you should cancel these are the payment terms:
• If cancelled more than 48 hours prior to the hire, a fee of 25% is payable by the Client;
• If cancelled 24-48 hours before the hire, a fee of 50% will be payable by theClient;
• If cancelled less than 24 hours before the hire, a fee of 100% shall be payable by the Client.
12. RIGHT TO A CREDIT
If the box on the estimate and the licence marked “Right to a Credit” has been ticked the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf the Photographer also asserts his/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. Right to a credit is asserted even without a licence at all times unless the photographer signs away this right in writing.
13. 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.
The use of unretouched images is stirctly prohibited. Retouching is charged at £30 per image. Turn around is 2 weeks. Any images needed sooner than 2 weeks is charged at a rush charge of £60 per image. Day rates for bulk retouching can be arranged.
15. WORKING HOURS / OVERTIME
An ordinary working day is 9am-6pm, and a weekday. However, longer hours are often required and this will be clarified with you when you are approached with each new enquiry. With 1hr lunch break.
For unplanned overtime occurring on the day of hire, the standard charge is 20% of the day rate per hour, for anything outside of the agreed hours of hire.
Weekend hires are by negotiation.
16. RIGHT TO WORK
The Photographer has the right to work for any client, at any period in time, anywhere in the world, for as long as both parties see fit. The Photographers aesthetic, lighting and composition is the photographers intellectual property to sell. The photographer has no responsibility to disclose new clients to existing ones. If you would like the Photographer to work exclusively for the Agency an exclusivity contract would be negotiated taking into account loss of potential earnings and opportunity's, even in this case any existing clients may stay on the roster.
16. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
These Terms and Conditions shall not be varied except by agreement in writing.