Terms and Conditions

Below you can find my terms and conditions for working on photography commissions:


1. Definitions
For the purpose of this agreement ‘Client’ shall where the context so admits include their agents, intermediaries, assignees, sublicensees 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.

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. When any Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.

4. 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.

5. 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.

6. 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.

7. 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.

8. Payment

Payment by the 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.

9. 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.

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 and Postponement
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at her 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.

12. Right to a Credit
The Photographer asserts her Right to a Credit and the Photographer’s name should be printed on or in reasonable proximity to all published reproductions of the photograph(s). The Photographer also asserts 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.

13. Electronic Storage
Save for the purposes of reproduction of the licensed/agreed 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.

14. Limitation of Liability 
In the unlikely event of total photographic failure or cancellation of this contract by either party or 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.

15. Applicable Law

The agreement shall be governed by the laws of England and Wales.

16. Variation
These Terms and Conditions shall not be varied except by agreement in writing.

Source: Association of Photographers (adapted) Jill Cole: www.jillcole.com (adapted)
Dawn Gilfillan: www.dawngilfillan.uk 

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