Terms and Conditions

1. 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.

2. COPYRIGHT

The Photographer retains the entire copyright in the photographs at all times throughout the world.

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.

4. 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 permission. Any permission that 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 (e.g. use in relation to another product or sublicensing through a photo-library). 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.

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 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 any 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.

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 Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trademarks, 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

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.

9. EXPENSES

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, 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.

10. IMAGE 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/POSTPONEMENT

A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for a cancellation or postponement of the commission.

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 a 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.

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 consent of the Photographer. Manipulation of the image, or use of any portion of the image may only take place with the Photographers permission.

14. ELECTRONIC TRANSMISSION AND COMPRESSION

If, by the nature of file transfer, compression is essential, a lossless method will be used. If a method of compression is to be used for any reason, it must be in a form agreed with the party receiving the files.

15. COMPATIBILITY

Files will be written in the ISO 9660 format for cross-platform use. Although DOS naming conventions override normal Mac filenames, filenames will NOT be restricted to eight characters or fewer, unless requested. All files will be followed by the appropriate file extension e.g. *.tiff, *.psd, *.jpg, *.pdf etc.

16. CALIBRATION, COLOURSPACE AND UNSHARP MASK ISSUES

Unless otherwise requested, the Photographer will only supply files in the industry standard 'Adobe RGB 1998' colour workspace. As CMYK conversion, and possible reconversion can result in colour degradation, the Photographer will only supply files in the CMYK colourspace if agreed in writing, and only if the Agency can supply either an 'International Colour Consortium' (ICC) Profile, or sufficient information relating to Dot Gain, Ink Setup, GCR/UCR and USM, to enable accurate targetted conversion to be made. Alternatively, an industry standard 'generic' CMYK file can be supplied with mutual, written consent e.g. 'Euroscale Coated', or 'Euroscale Uncoated'. No global Unsharp Masking (USM) will be applied to the file(s), unless it is unavoidable part of a digital cameras capture process.

17. HARD COPY

For both parties peace of mind, the Photographer can provide an 'AIM Print'. This is provided using the Photographers colour calibrated 'in-house' inkjet printer. THIS IS NOT A PROOF. If the commissioning client requests a CMYK proof, this can be supplied as an IRIS print or Cromalin, at extra cost.

18. SUBMISSION MEDIA AND INFORMATION

In the interests of security, all submissions will be written to CD-ROM or DVD-R. These formats preclude alteration, therefore establishing irrefutable evidence for the original state of the Photographers files.

19. APPLICABLE LAW AND VARIATION

This agreement shall be governed by the laws of England, Wales and Scotland. These Terms and Conditions shall not be varied except by agreement in writing.