Terms & Conditions
APPLICATION OF TERMS
These terms and conditions will: apply to all Assignments undertaken by the Photographer for the Client and to all Usage Licences or extended and/or additional Usage Licences relating to such Assignments; and prevail over any inconsistent terms or conditions contained, or referred to, in Client's purchase order, confirmation of order, acceptance of Estimate, or specification or other document supplied by Client, or implied by law, trade custom, practice or course of dealing.
DEFINITIONS
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.
ESTIMATES
Estimates provided by the Photographer are based upon the information provided by the Client in advance of preparing the Estimate.

Changes to the requirements for an Assignment before or during a shoot may increase the Fee and expenses.

Estimates shall specify the number and characteristics of Licensed Images which the Client shall be entitled to use and the media and territories in and durations for which they may be used and these shall be the terms of the Usage Licence unless otherwise agreed in writing. The Client is responsible for checking the Estimate to ensure that it provides for all requirements including but not limited to post production, high resolution files, the correct usage licences and all technical specifications for the Licensed Images.

Unless otherwise agreed in writing the Client's agreement of shoot date(s) shall be deemed to be acceptance of the Estimate.

If no B.U.R. has been stated, it will be equivalent to the Photographer's day shoot fee.
COPYRIGHT & USAGE LICENCES
The entire copyright and all similar rights throughout the world in all the Material and ownership of all physical materials created by or for the Photographer shall vest in and be retained by the Photographer at all times.

The Client is responsible for informing the Advertiser of the extent and limitations of all Usage Licences.

Upon payment in full of both the Fee and expenses for an Assignment the Photographer grants to the Client the right to use the Licensed Images on the express terms of the Usage Licence. No use may be made before payment in full without the Photographer's express agreement in writing.

Provided that the Client has paid in full all invoices relating to the Assignment the period of use specified in the Usage Licence commences from the date of first use or 6 months after the shoot date, whichever is sooner (unless otherwise agreed in writing).

Usage of the Licensed Images is limited to use of such images as provided by the Photographer and the Client shall not manipulate any Licensed Photograph or make use of only part of any individual image without the prior written permission of the Photographer.

The Client may only sub-license the right to use the Licensed Images to the disclosed Advertiser as agreed and strictly on the terms of the Usage Licence.

Neither the Client nor the Advertiser may use the Licensed Images in relation to any additional products or services not specified in the Usage Licence.

Any licence to use the Licensed Images shall automatically be revoked if payment in full of both the Fee and expenses for an Assignment is not received by the due date specified in the relevant invoices or if the Client or Advertiser becomes insolvent or is put into receivership or is subject to any of the matters set out.

The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
PAYMENTS
All expenses and production costs must be paid in advance of the shoot unless otherwise agreed in writing and such invoices are due on presentation.

All other invoices must be paid within 30 days of the date of issue. The Photographer reserves the right to charge interest on late payments at the rate prescribed by the Late Payment of Commercial Debts (Interest)Act 1998 from the date payment was due until the date payment is made.

If there is a delay of one month or more between agreed pre-production work and the shoot, the Photographer reserves the right to invoice the Client for the pre-production element of the Fee and for any expenses already incurred by the Photographer.

Usage Licence and any third party fees negotiated by the Photographer are payable regardless of whether Licensed Images are in fact used by the Client or the Advertiser.
All payments are due in pounds sterling unless expressly stated otherwise.

EXPENSES
All expenses figures provided in advance of a shoot are estimates only and the Client should allow a minimum 10% contingency budget in all cases. All estimated costs are stated exclusive of VAT.

The Photographer will endeavour to work within the agreed cost estimate, but individual costs within the Estimate may vary at his/her discretion to enable the most effective realisation of the brief.

Receipts for expenses can only be provided if requested prior to shoot confirmation. Provision of receipts will incur an accountancy charge of 1.5% of total costs and fees incurred in respect of the Assignment subject to a minimum charge of £250 and a maximum of £600.

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 its request, the Client shall be liable to pay such extra expenses and additional fees at the Photographer's normal rate.
Made on
Tilda