TERMS AND CONDITIONS [England and Wales] for Carl Sanders Photography and Sanders Photography
Terms and conditions: Effective from August 2009
1. Definitions
Booking means an agreement between the Photographer and the Client for the engagement of the Photographer's Services. A Booking is considered final at the time of agreement between the Photographer and the Client whether verbally or otherwise by email, telephone or other communication method.
Client means any legal or natural person commissioning the Photographer's services and named on the Invoice provided by the Photographer to the Client for payment for the Photographer s Services. For the purpose of this agreement Client shall include any references to "the Agency" and "the Advertiser" and shall, where the context so admits, include their respective assignees, sub-licensees and successors in title.
Image or Images means any reference to a Photograph as hereinafter defined.
Invoice means the request for payment issued by the Photographer to the Client upon completion of the Photographer's Services.
Photographs means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
Estimate means an estimate of the cost of the Photographer's services as hereinafter defined.
Reproduction means to make copies of the Work by any, including storage of a protected performance or phonogram in digital form or other electronic medium.
Services means the services provided by the Photographer and includes the creation of Photograph(s), attendance on site and any administrative tasks relating to the provision of Licences for the Use of any Photograph(s) or Image(s). Any references to Commission or Commissioned Work(s) are to mean Services as herein defined.
2. The Photographer's Services
2.1 Following an enquiry from the Client about the Photographer's Services, the Photographer will issue to the Client an Estimate for the Services based on the Photographer's standard rates.
2.2 Once the Client has provided a Project Brief/Commission outline to the Photographer, (verbally or otherwise) the Photographer will complete the Services as agreed.
2.3 Following completion of the Services, Photographs will be provided to the Client via a Contact Sheet, electronic or otherwise, for approval by the Client.
2.4 Once the Contact Sheet has been approved by the Client, the images are provided in electronic format and an Invoice for the Photographer's Services is issued and the Client's Licence to Use the Photographs becomes operational.
3. Copyrights and Ownership of Photograph(s)
3.1 The entire copyright in the Photograph(s) is retained by the Photographer at all times throughout the World.
3.2 For the avoidance of doubt, the Photographer hereby expressly asserts his statutory rights under sections 77-79 of the Copyright Designs and Patents Act 1988, or any amendment or re-enactment thereof, which includes the right to credit for any Photographs(s) created by the Photographer.
3.3 The Photographer's name should be printed on or in reasonable proximity to all published reproductions of the Photograph(s) unless it has been expressly agreed with the Photographer in writing for a particular project that this right to credit does not apply.
3.4 Title to all Photographs remains the property of the Photographer. The Licence to Use does not under any circumstances constitute a transfer of Title to the Photograph(s) from the Photographer to the Client.
3.5 When the Client commissions Photographic works from the Photographer, a Licence to Use the Photograph(s) or Image(s) is issued to the Client under the Terms of this Agreement and specified on the Contact Sheet or Invoice. The Client's use is limited to that specified within any Estimate or subsequently issued Contact Sheet or Invoice.
3.6 Where a transfer of Title to the Photograph(s) is contemplated rather than a Licence to Use, this will constitute an Assignment rather than a Licence to Use the Photograph(s) and will accordingly be subject to different Terms and Conditions, which are available from the Photographer upon request.
4. Licence to Use Photograph(s)
4.1 The License to Use the Photographs comes into effect upon delivery of the Photographs from the Photographer to the Client and becomes operational only once the Client has expressly approved all Photographs in the Contact Sheet provided by the Photographer to the Client.
4.2 Once the Client has approved all Images, the Invoice will be issued from Photographer to Client, at which point the License to Use becomes operational and the Client may make use the Photographs for the purposes set out in the Estimate, Project Brief, Invoice and/or Contact Sheet.
4.3 If payment of any Invoice(s) due from the Client is not made within 30 days of the Invoice Issue date, the Client may only continue use of the Images where the Photographer has given his express permission in writing for any such continued use. Any permission, which may be given for continued use of Photographs, will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation.
5. Additional permissions
5.1 The Licence to Use is only applicable to the named Client on a non-exclusive, royalty free; basis and its benefit shall not be assigned to any third party without the Photographer's express permission in writing. This permission will not be unreasonably withheld but will only be issued upon payment of a further fee, which will be mutually agreed between the Photographer and the Client and paid in full prior to the assignment of any benefit to a third party.
5.2 The Photographer's permission must also be obtained before any use of the Photographs for purposes other than those outlined in the Estimate, Project Brief and Invoice: for example, use in relation to another product or sublicensing through a photo library.
5.3 Permission to use the Photographs for purposes outside the original terms of the License 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 Licenses in respect of the Photographs will be subject to these terms and conditions.
6. Use by Photographer of Commissioned Images
6.1 Since the Licence to Use is provided to the Client on a non-exclusive basis, the Photographer may in the course of his business as Photographer submit these photos to a stock agency for further distribution.
6.2 Client consents to the submission of commissioned Photographs from Photographer to any third party stock agency for this purpose, except where it has been expressly agreed between Photographer and Client that any photos from a particular commission should not be submitted to any agency.
7. Data Protection and Confidentiality
7.1 The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the provision of the Services, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the Services.
7.2 The Photographer agrees to process any personal data relating to Client in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications Regulations 2003 (as amended) and any UK privacy legislation as may be enacted from time to time.
7.3 The Client agrees that where individuals are to be featured in any Photographs as part of the Services, the Client in advance of the shoot obtains any necessary consent from those individuals.
8. Indemnity
8.1 The Client shall be responsible for obtaining any clearances in respect of third party copyright works, trademarks, designs or other intellectual property as applicable, as well as any necessary consents from individuals featured in an agreed shoot; and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances or consents.
8.2 Where it has been expressly agreed, in writing, prior to the commencement of Services that the Photographer is responsible for any such third party clearances or consents, the Photographer agrees to indemnify the Client against all expenses, claims and legal costs arising out of any failure by Photographer to obtain such clearances or consents.
9. Payment of Invoice(s)
9.1 Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant Invoice from the Photographer to the Client.
9.2 If the Invoice is not paid, in full, within 30 days the Photographer reserves the right to charge interest on the payment due 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.
10.Booking Cancellations and Changes to the Project Brief
10.1 A Booking constitutes an agreement to use the Photographer s Services and is considered final from the point at which the Photographer and the Client agree that the Client will engage the Photographer's Services, whether by telephone, email, post or otherwise.
10.2 When a booking is made by the Client for the Photographer s Services, the booking is understood by the parties to be final regardless of whether the date of the photo shoot has been confirmed in the initial enquiry, Project Brief or Estimate.
10.3 Where extra expenses or time are incurred by the Photographer as a result of alterations to the original Project Brief or Estimate 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 already agreed or estimated in the Estimate.
10.4 Where alterations are proposed by the Client, an amended Estimate will be provided from the Photographer to the Client within 48 hours of the alteration request in order to confirm any new rates and costs incurred as a result of the Client s request for alteration.
10.5 A booking is considered final as from the date of confirmation and accordingly the Photographer will, charge a fee for cancellation or postponement as set out in these Terms and Conditions and in the original Estimate.
The Photographer's cancellation charges operate as follows:
10.5.1 100% of the Estimate price is payable for bookings cancelled 48 hours or less before the earliest scheduled date of commencement of the Photographer s Services;
10.5.2 75% of the Estimate price for bookings cancelled less than 7 days before the earliest scheduled date of commencement of the Photographer s Services; and
10.5.3 50% of the Estimate price for bookings cancelled more than 7 days before the earliest scheduled date of commencement of the Photographer s Services.
11. Rejection
11.1 Unless a rejection fee has been agreed in advance, there is no right to reject Photograph(s) on the basis of style or composition.
11.2 Any further Services provided by the Photographer in response to a Client s request to change style or composition will be subject to the issue of a further Estimate from the Photographer and will be agreed with the Client prior to any shoot for additional Images or alterations.
12. Electronic storage
12.1 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 permission of the Photographer.
12.2 Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
13. Applicable law
This agreement shall be governed by the laws of England & Wales
14.Variation
These Terms and Conditions shall not be varied except by agreement in writing.
Terms and conditions: Effective from August 2009
1. Definitions
Booking means an agreement between the Photographer and the Client for the engagement of the Photographer's Services. A Booking is considered final at the time of agreement between the Photographer and the Client whether verbally or otherwise by email, telephone or other communication method.
Client means any legal or natural person commissioning the Photographer's services and named on the Invoice provided by the Photographer to the Client for payment for the Photographer s Services. For the purpose of this agreement Client shall include any references to "the Agency" and "the Advertiser" and shall, where the context so admits, include their respective assignees, sub-licensees and successors in title.
Image or Images means any reference to a Photograph as hereinafter defined.
Invoice means the request for payment issued by the Photographer to the Client upon completion of the Photographer's Services.
Photographs means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
Estimate means an estimate of the cost of the Photographer's services as hereinafter defined.
Reproduction means to make copies of the Work by any, including storage of a protected performance or phonogram in digital form or other electronic medium.
Services means the services provided by the Photographer and includes the creation of Photograph(s), attendance on site and any administrative tasks relating to the provision of Licences for the Use of any Photograph(s) or Image(s). Any references to Commission or Commissioned Work(s) are to mean Services as herein defined.
2. The Photographer's Services
2.1 Following an enquiry from the Client about the Photographer's Services, the Photographer will issue to the Client an Estimate for the Services based on the Photographer's standard rates.
2.2 Once the Client has provided a Project Brief/Commission outline to the Photographer, (verbally or otherwise) the Photographer will complete the Services as agreed.
2.3 Following completion of the Services, Photographs will be provided to the Client via a Contact Sheet, electronic or otherwise, for approval by the Client.
2.4 Once the Contact Sheet has been approved by the Client, the images are provided in electronic format and an Invoice for the Photographer's Services is issued and the Client's Licence to Use the Photographs becomes operational.
3. Copyrights and Ownership of Photograph(s)
3.1 The entire copyright in the Photograph(s) is retained by the Photographer at all times throughout the World.
3.2 For the avoidance of doubt, the Photographer hereby expressly asserts his statutory rights under sections 77-79 of the Copyright Designs and Patents Act 1988, or any amendment or re-enactment thereof, which includes the right to credit for any Photographs(s) created by the Photographer.
3.3 The Photographer's name should be printed on or in reasonable proximity to all published reproductions of the Photograph(s) unless it has been expressly agreed with the Photographer in writing for a particular project that this right to credit does not apply.
3.4 Title to all Photographs remains the property of the Photographer. The Licence to Use does not under any circumstances constitute a transfer of Title to the Photograph(s) from the Photographer to the Client.
3.5 When the Client commissions Photographic works from the Photographer, a Licence to Use the Photograph(s) or Image(s) is issued to the Client under the Terms of this Agreement and specified on the Contact Sheet or Invoice. The Client's use is limited to that specified within any Estimate or subsequently issued Contact Sheet or Invoice.
3.6 Where a transfer of Title to the Photograph(s) is contemplated rather than a Licence to Use, this will constitute an Assignment rather than a Licence to Use the Photograph(s) and will accordingly be subject to different Terms and Conditions, which are available from the Photographer upon request.
4. Licence to Use Photograph(s)
4.1 The License to Use the Photographs comes into effect upon delivery of the Photographs from the Photographer to the Client and becomes operational only once the Client has expressly approved all Photographs in the Contact Sheet provided by the Photographer to the Client.
4.2 Once the Client has approved all Images, the Invoice will be issued from Photographer to Client, at which point the License to Use becomes operational and the Client may make use the Photographs for the purposes set out in the Estimate, Project Brief, Invoice and/or Contact Sheet.
4.3 If payment of any Invoice(s) due from the Client is not made within 30 days of the Invoice Issue date, the Client may only continue use of the Images where the Photographer has given his express permission in writing for any such continued use. Any permission, which may be given for continued use of Photographs, will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation.
5. Additional permissions
5.1 The Licence to Use is only applicable to the named Client on a non-exclusive, royalty free; basis and its benefit shall not be assigned to any third party without the Photographer's express permission in writing. This permission will not be unreasonably withheld but will only be issued upon payment of a further fee, which will be mutually agreed between the Photographer and the Client and paid in full prior to the assignment of any benefit to a third party.
5.2 The Photographer's permission must also be obtained before any use of the Photographs for purposes other than those outlined in the Estimate, Project Brief and Invoice: for example, use in relation to another product or sublicensing through a photo library.
5.3 Permission to use the Photographs for purposes outside the original terms of the License 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 Licenses in respect of the Photographs will be subject to these terms and conditions.
6. Use by Photographer of Commissioned Images
6.1 Since the Licence to Use is provided to the Client on a non-exclusive basis, the Photographer may in the course of his business as Photographer submit these photos to a stock agency for further distribution.
6.2 Client consents to the submission of commissioned Photographs from Photographer to any third party stock agency for this purpose, except where it has been expressly agreed between Photographer and Client that any photos from a particular commission should not be submitted to any agency.
7. Data Protection and Confidentiality
7.1 The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the provision of the Services, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the Services.
7.2 The Photographer agrees to process any personal data relating to Client in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications Regulations 2003 (as amended) and any UK privacy legislation as may be enacted from time to time.
7.3 The Client agrees that where individuals are to be featured in any Photographs as part of the Services, the Client in advance of the shoot obtains any necessary consent from those individuals.
8. Indemnity
8.1 The Client shall be responsible for obtaining any clearances in respect of third party copyright works, trademarks, designs or other intellectual property as applicable, as well as any necessary consents from individuals featured in an agreed shoot; and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances or consents.
8.2 Where it has been expressly agreed, in writing, prior to the commencement of Services that the Photographer is responsible for any such third party clearances or consents, the Photographer agrees to indemnify the Client against all expenses, claims and legal costs arising out of any failure by Photographer to obtain such clearances or consents.
9. Payment of Invoice(s)
9.1 Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant Invoice from the Photographer to the Client.
9.2 If the Invoice is not paid, in full, within 30 days the Photographer reserves the right to charge interest on the payment due 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.
10.Booking Cancellations and Changes to the Project Brief
10.1 A Booking constitutes an agreement to use the Photographer s Services and is considered final from the point at which the Photographer and the Client agree that the Client will engage the Photographer's Services, whether by telephone, email, post or otherwise.
10.2 When a booking is made by the Client for the Photographer s Services, the booking is understood by the parties to be final regardless of whether the date of the photo shoot has been confirmed in the initial enquiry, Project Brief or Estimate.
10.3 Where extra expenses or time are incurred by the Photographer as a result of alterations to the original Project Brief or Estimate 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 already agreed or estimated in the Estimate.
10.4 Where alterations are proposed by the Client, an amended Estimate will be provided from the Photographer to the Client within 48 hours of the alteration request in order to confirm any new rates and costs incurred as a result of the Client s request for alteration.
10.5 A booking is considered final as from the date of confirmation and accordingly the Photographer will, charge a fee for cancellation or postponement as set out in these Terms and Conditions and in the original Estimate.
The Photographer's cancellation charges operate as follows:
10.5.1 100% of the Estimate price is payable for bookings cancelled 48 hours or less before the earliest scheduled date of commencement of the Photographer s Services;
10.5.2 75% of the Estimate price for bookings cancelled less than 7 days before the earliest scheduled date of commencement of the Photographer s Services; and
10.5.3 50% of the Estimate price for bookings cancelled more than 7 days before the earliest scheduled date of commencement of the Photographer s Services.
11. Rejection
11.1 Unless a rejection fee has been agreed in advance, there is no right to reject Photograph(s) on the basis of style or composition.
11.2 Any further Services provided by the Photographer in response to a Client s request to change style or composition will be subject to the issue of a further Estimate from the Photographer and will be agreed with the Client prior to any shoot for additional Images or alterations.
12. Electronic storage
12.1 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 permission of the Photographer.
12.2 Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
13. Applicable law
This agreement shall be governed by the laws of England & Wales
14.Variation
These Terms and Conditions shall not be varied except by agreement in writing.