TERMS & CONDITIONS
“Photographer” means the commissioned Photographer whose details are set out in the booking confirmation and invoice(s) for an Assignment.
“Assignment” means acommission by the Client ofthe Photographer for provision of Photographer’s services at a shoot for the purpose of creating the Material.
“Advertiser” means any client of the Client for whose benefit or use the Material is commissioned.
“Client” is the party commissioning the Photographer and includes the Client’s affiliates, assignees, and successors in title.
“Fee” means the Photographer’s fees as set out in the Invoice.
“Material” means all photographic material created by the Photographer pursuant to an Assignment and includes but is not limited to transparencies, negatives, prints, digital files or any other type of physical or electronic material recording either still or moving images.
“Licensed Images” means the still images selected from the Material and as specified in the Estimate as to be licensed for use in accordance with these Terms.
“Usage Licence” means the licence to use the Licensed Images as set out on the Booking Confirmation and Invoice.
“Booking Confirmation / Invoice” means any email or other document electronic or otherwise created by the Photographer and setting out the Fee and expenses for any Assignment along with information as to Usage Licences.
“Working Day” means a day that is not a Saturday or Sunday or any day that is a Bank Holiday in England.
Booking Confirmation and/or Invoices shall specify the media and territories in and durations for which the Photographer’s images 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 Booking Confirmation and Invoice details to ensure that it provides for all requirements, and where necessary advising the photographer of any errors prior to the day of the shoot.
Unless otherwise agreed in writing the Client’s agreement of shoot date(s) shall be deemed to be acceptance of the booking and Fee as detailed.
Payment of all Fees are due within 7 days of the Invoice date. The Photographer reserves the right to charge a daily interest rate of 1% of the original invoice total on any outstanding invoices.
All payments are due in pounds sterling unless expressly stated otherwise.
A normal day is up to 8 hours (including 1 hour for lunch) between 9am and 5pm, unless otherwise agreed, on any Working Day. Any hours worked outside a normal Working Day will incur additional overtime fees for the Photographer, any crew and facilities. These will be agreed between the Parties.
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.
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.
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.
Additional or extended usage will attract an additional fee that must be agreed by the Photographer in advance. Any extended or additional use made without permission shall attract an additional fee.
If a confirmed shoot is cancelled for reasons outside the control of the Photographer (including weather / light), the Photographer reserves the right to charge a cancellation fee at the following rates together with all incurred expenses:
Less than 3 Working Days notice - 100% of Fee + all expenses.
3 to 6 Working Days notice - 75% of Fee + all expenses.
More than 6 Working Days notice - 50% of Fee + all expenses.