Terms and Conditions

  1. DEFINITIONS. For the purposes of this agreement the “Client” is the party commissioning the “Photographer/Videographer”. For the purposes of this agreement the “Client” shall, where the context so admits, include their respective assignees, sub licensees and successors in title. “Photographs/Video content” means all material furnished by the Photographer/Videographer whether electronic or physical i.e. transparencies, negatives or prints. “Fees” means Photographer/Videographer’s Fees as set out in the Estimate. “Expenses” means any costs necessary to produce the images aside from fees. “Estimate” means any document prepared by the photographer/videographer setting out the Fees and Expenses necessary to produce the shoot. “Usage License” is the license granting specific reproduction rights to the Photographs/Video content and outlined in the Estimate. “Days” referred to are working days. “Shoot Duration” includes all shoot, travel, casting, recce or preparation days. "The Shoot" is defined as the number of confirmed days whether the job is undertaken as a whole or in separate parts.

  2. COPYRIGHT AND OWNERSHIP OF MATERIALS. The entire copyright in the Photographs/Video content including ownership of all materials is retained by the Photographer/Videographer at all times throughout the world. Photography/Videography fees are based on the usage license specified on the estimate period in the absence of such a license having been specified in writing, there is no usage granted whatsoever. Changes to the Usage Licence required must be negotiated with the photographer/videographer. For the period specified the Usage Licence is granted exclusively, aside from Photographer/Videographer's self-promotional purposes in various forms including Social Media and Portfolio. Where Photographs/Video content are stored electronically, they/it must be erased at the conclusion of the agreed usage period. We may require return, in good condition, of photographic/video material supplied by the photographer at the end of the Usage Licence period. A high resolution digital file including photography in context of use e.g. advertisement or a hard copy of printed material incorporating photography must be supplied upon request to the Photographer. Video content will need to be returned using a pre-agreed method.

  3. USE. The Usage License comes into effect from the date of full payment of the relevant invoice(s). The period of usage commences from date of first use (or six months after shoot date, whichever is sooner). No use may be made of the Photographs/Video Content before payment in full of the relevant invoice(s) without the Photographer/Videographer’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. Where use is restricted in the Usage Licence, permission to use the Photograph(s)/Video content for other purposes will normally be granted upon full payment of a further fee, to be agreed with the Photographer/Videographer. The Usage Licence only applies to the client, advertiser and products as stated on the invoice and its benefit shall not be assigned to any third party without the Photographer/Videographer’s permission. Accordingly, even where any form of ‘All Media Licence’ is granted, the Photographer/Videographer’s permission must be obtained before any use of the Photographs/Video Content for other purposes e.g. use in relation to another product or sub-licencing through a Photo Library. Note: An agreement must be reached with the Photographer/Videographer before the Photographs/Video content may be used for other purposes. All further Licences in respect of the photographs/video content will be subject to these terms and conditions. Any estimates of usage fees to the clients are valid for a period of six months only from the Estimate date. We reserve the right to renegotiate these fees after this period has expired. Any unauthorised use of the Photograph(s)/Video content by the Client, beyond the usage constraints agreed with us, will be subject to further usage fees. The Photographer/Videographer retains the rights in all cases to use the Photographs/Video Content at any time (unless an embargo is agreed with the Client) for the purposes of promoting his/her work. After the exclusivity period indicated in the Usage Licence the Photographer/Videographer shall be entitled to use and licence others to use the Photographs/Video content for any purposes. Fees negotiated for any further uses licenced will not be conditional on the exercise of the further rights granted and will be payable when invoiced. Any usage extensions must be negotiated with the Photographer/Videographer.

  4. INDEMNITY. The Photographer/Videographer shall only be responsible for obtaining clearance in respect of third-party copyright works, trademarks, designs or other intellectual property if this has been expressly agreed in writing before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer/Videographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

  5. PAYMENT. Terms of payment are immediate on all invoices. PLEASE NOTE: In most cases the invoice is presented, and requires payment, before the shoot. All figures provided are estimates not a quotation, therefore allow 20% contingency budget on all estimates. Expenses and production costs to be paid in advance of the Photographic/Video shoot or on demand which ever is applicable. All fees for the right to use Photography/Video content once agreed are payable irrespective of whether the usage is appropriated or not. We reserve the right to charge 2% interest per month (or part thereof) on amounts overdue.

  6. CONTINGENCY EXPENSES. Where extra Expenses or time are incurred by the Photographer/Videographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall be liable to pay such extra Expenses or Fees at an agreed rate in addition to that which is been estimated.

  7. REJECTION. If the Client is not present during the shoot, the Photographer/Videographer’s interpretation of the brief is deemed acceptable to the Client. Unless stated in writing on the day of the shoot, there is no right to reject on the basis of style of composition unless otherwise agreed.

  8. CANCELLATION/POSTPONEMENT/RESHOOT. If a confirmed shoot is cancelled, postponed or it is necessary to reshoot for reasons outside the control of the Photographer/Videographer (including but not limited to unsuitable weather/light), the following fees plus expenses in all cases are applicable: On shoots of 2 days duration or less, cancellation within 2 days notice = 100% of fees plus expenses incurred. Between 3 & 6 days notice = 75% fees plus expenses incurred. 7 days notice and over = 25% fees plus expenses incurred. On shoots in excess of 2 days duration, cancellation within the number of shoot days or less = 100% of fees plus expenses incurred, within twice the number of shoot days = 75% fees plus expenses incurred, in excess of twice the number of shoot days = 25% fees plus expenses incurred.

  9. RIGHT TO CREDIT. The Photographer/Videographer must be credited on all editorial uses and in other cases if stated on the Estimate.

  10. LIABILITY. Photographer/Videographer’s liability in any case is limited to professional fees, which have been agreed. Photographer/Videographer shall not be liable to Client for any loss of profit, loss of contracts, loss of business of revenues, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the shoot.

  11. THIRD PARTIES. Bookings of all third-party suppliers are subject to such terms and conditions as these parties may impose-available on request. Model fees estimated cover modelling time and usage as stated on Estimate. Photographer/Videographer takes no liability for model fees incurred due to additional usage of images above and beyond the usage stated on final Invoice. It is the Client’s responsibility to contact models/model agents directly unless otherwise agreed.

  12. CONFIDENTIALITY. It shall be the sole responsibility of the Client to arrange for the Photographer/Videographer plus any third party involved to enter into any confidentiality agreement. Photographer/Videographer cannot be held liable for any breach of confidentiality by any third party.

  13. APPLICABLE LAW. This agreement shall be governed by the laws of England & Wales and are subject to the exclusive jurisdiction of the English Courts, to whom all parties submit.

  14. VARIATION. These Terms and Conditions shall not be varied except by agreement in writing.