Commercial Sections Terms & Conditions
Definitions
For 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.
2. Copyright
The entire copyright in the Photographs is retained by the Photographer at all times, worldwide.
3. Ownership Of Materials
Title to all Photographs remains the property of the Photographer.
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. The License 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' License is granted, the
Photographer's permission must be obtained before any use of the Photographs for other purposes, e.g. use about another product or sublicensing through a
photo library. Permission to use the Photographs for purposes outside the terms of the License will usually 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 Licenses in respect of the Photographs will be subject to these
terms and conditions.
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 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 them in confidence for the
purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out their obligations under the commission.
7. Indemnity
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
Photographers to obtain any clearances for which they were 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
Full payment is required upon approval/completion of work, at which point full usage rights will be granted and high-resolution files will be released. (All work is available for viewing/approval before payment of the invoice)
9. Expenses
Where the Photographer incurs extra expenses or time as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request.
Request, the Agency shall approve to and be liable to pay such extra expenses or fees at the Photographer's standard 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 based on style or composition.
11. Rescheduling
If you wish to reschedule your session, you can do so within 2 months of your original date, subject to my availability as well as that of the hire studio where applicable. However, please note that if you have reserved a studio session, an additional fee will be required to rebook the studio, as their policy is non-refundable.
12. Cancellation
If you wish to cancel your session, please provide notice at least 24 hours before the scheduled time. Failure to do so will result in a charge of 50% of my fee, in addition to all out-of-pocket expenses incurred. Cancellations made less than 24 hours before the scheduled date will incur a charge amounting to 100% of my fees and all associated out-of-pocket expenses.
13. Right To A Credit
Suppose the box on the estimate and the License marked "Right to a Credit" has been ticked. In that case, 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 their 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.
14. Electronic Storage
Save for 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.
15. Applicable Law
This agreement shall be governed by the laws of England & Wales
16. Variation
These Terms and Conditions shall not be varied except by agreement in writing.
Alwin Greyson Photography Ltd.
Company registration No 5178199,
a company registered in England and Wales
15 Edgebrook Road
Nether Edge
Sheffield
S7 1SG