Terms & Conditions - Photographers United
License granted to client:
A“License” is an estimate upon which a verbal confirmation is given, any order confirmation given by the photographer, or any work accompanied by an invoice for service.
The photographer does not accept commissions to create copyright works other than to agree to license parts of the works selected by the photographer for presentation to the client. The Photographer grants the client a “License” to reproduce and publish the Photographic works (“Photographic works” includes transparencies, negatives, prints, digitized images or images in electronic or any other form or medium) for the purposes, territories, and time period as specified, and on the terms and conditions set out in the License of these terms and conditions. If the photographic Works has been produced for an advertiser named on the license, the works may only be used for the creative works of that advertiser.
The photographer retains the rights to use the Photographic works in any manner at any time and in any part of the world for the purposes of:
- Entering the photographic works in Photographic competitions/Exhibitions or awards and for any use in any material published in connection with promoting these competitions/exhibitions or awards. As well as submitting for display to art galleries and the like.
- Advertising or otherwise promoting the photographer’s Photographic works.
- Using the Photographic works for any purpose within the Photographer’s business activities including all
- social media.
1.Conditions of License:
The License to use the Photographic works begins from the date of FULL payment of the invoice, except where the photographer gives written permission.
This License must not be assigned to any THIRD party without the photographers prior written permission (Which shall not be unreasonably refused) but may be sublicensed by the client on the same terms and conditions to the advertiser named in the License.
The Client is entitled to: Use the Photographic works as agreed prior to any commission.
The client must ensure that any data stored has to be done safely and in accordance with the GDPR laws now in place. Any part of the Photographic works that the client holds-it will be the clients responsibility to ensure this data is stored safely and appropriately.
2.Copyright of the works:
Except as provided in Clause 3, the COPYRIGHT in all Photographic works resulting from the License, remains the property of the Photographer.
The Photographer shall remain the first owner of the Photographic works and the client shall be supplied with works for copying on the terms of the LICENSE.
The Client shall have the right to seek further Licenses for reuse of any copyright on agreement of a reasonable fee for that use.
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sWhere this License specifies that copyright in the Photographic Works is assigned to the client in consideration of the Client’s payment for those works, the Photographer assigns to the client copyright in the Photographic Works supplied pursuant to the License.
It is the responsibility of the Client to obtain ALL Model releases, moral rights waivers and privacy waivers necessary for the use of assigned copyright in the Photographic Works by that Client. As a condition of this assignment the Client agrees to indemnify the Photographer in respect to any liability to the Photographer arising form any use of the assigned copyright material.
- Unless indicated on the license that the photographer waives attribution right (section 94-97 Copyright Act 1994), each use of any Photographic Work by the Client must be accompanied by an adjacent credit line acknowledging the Photographer’s name and copyright in the Photographic Works in the form specified in the License, or if not specified, then in the form approved in writing by the Photographer.
- If the Client fails (for whatever reason) to provide the attribution described in clause a., then in addition to all other rights under this contract or at law, the Client shall be liable to pay a further Non-Attribution Fee at 200% of the total invoice fee, which the client acknowledges and agrees to be fair and reasonable pre- estimate of the loss suffered by the Photographer.
5. Digital Works:
- Subject to automatic backup mechanisms and the express Terms of the License, the Client shall not copy or reproduce the works by any means or in any form without the photographer’s written consent.
- The Client’s right to use the works under the license does not include the right to remove, alter or otherwise affect general rights information, including(without limitations) any notices or metadata accompanying or part of the Works which records creator details, copyright ownership or publication status of the Works.
- The Client shall take all reasonable steps to respect and preserve the Photographer’s copyright and other rights.
- Where the Photographer has placed restrictions on access to or use of the Works, the client shall make no attempts to defeat such restrictions.
- The Photographer will follow its usual Backup procedure upon the completion of the Photographic Works. The Photographer will not be liable under any circumstances if unable to produce backups upon request of the client.
- The client will ensure they have taken all necessary steps to back up, safely, all Photographic Works provided by the Photographer.
Fees are payable as outlined on the License or Invoice of the Photographer. Any Monies not paid in full in accordance with Clause 8 may be charged with interest of 2.5% per month or part month overdue.
7. Expenses-any job related Costs:
a. The Client shall reimburse the Photographer for all costs and expenses incurred by Photographer on the Client’s behalf in providing Photographic Services as detailed in the Invoice. These job related costs will be agreed prior in writing between said parties.
- Where the Photographer makes a payment to others on behalf of the Client, the Photographer may add a service charge at their discretion. Any additional job related costing must be agreed between the Client and the Photographer in writing.
- The Client is not entitled to any property in:
- Any authored or artistic works created by the Photographer to support the Photographic Works.
- Any Materials used for the creation of said Photographic Works
- Any Acquisition of goods for use in supporting the Photographic Works. Any goods, materials,
- authored or artistic works shall remain the property of th4e Photographer, unless otherwise agreed between the Photographer and Client..
8. Urgent Work:
Any Photographic Works the Client requires on an urgent basis ( which includes where the Photographer is unable to re-shoot or correct a shot because of an urgent deadline) the Photographer will not be liable for any losses or damages arising out of these scenarios, due to the Photographer being unable to carry out any corrective work or reshoots due to time restraints.
The Client needs to allow enough time for the Photographer to submit the Photographic Works as requested.
9. Changes to the Estimate:
Statement of Fees and Job related costs are estimates and not firm quotations and are liable to alteration. The Photographer must bring any increase to the estimate to the attention of the Client and the Client must inform the Photographer of any changes in the brief or job specifications so the Photographer may change any fees or job related costs on the estimate. In writing.
- When the booking has been confirmed, the Client is liable for payment of the Photographer and the photographer is liable to complete the job.
- Effective Termination of this agreement by the Client must be in writing with reasonable notice of the termination given. ON such Notice from the Client the Photographer must take immediate steps to halt the Photographic Works and any services to keep any expenditure to a minimum.
- Where the Client cancels a booking.
- Within 1 working day of the booked shoot day, the Client must pay 100% of the Photographers
- standard fee.
- Giving notice of cancellation of greater than 1 working day and within 3 days of the booked shoot day.
- The Client must pay 50% of the Photographers standard Fee.
- Giving notice of cancellation of greater than 3 days and within 1 week of the booked shoot day, the
- client must pay 25% of the Photographers standard Fee.
- The Client must compensate the Photographer for all costs and expenses incurred.
The Client acknowledges and agrees that these cancellation fees fairly reflect the loss suffered by the Photographer and the Photographers ability to re-schedule work and re-allocate resources, depending on the amount of notice.
11. Postponement Fees:
When the Client postpones or changes the date of a shoot:
1. Within 1 working day of the booked shoot, a 50% charge of the Photographers fee will be made to the
Client on condition that the shoot is still going ahead.. Any job related costs incurred, must also be paid by the Client. This is also left at the discretion of the Photographer. This is time related-if the shoot is one week than one week prior to the shoot will incur a 50% charge.
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2. Within more than 1 working day will incur a 25% fee.
The Client acknowledges and agrees that these postponement fees fairly reflect the loss suffered by the Photographer and the Photographers ability to re-schedule work and re-allocate resources, depending on the amount of notice given.
12. Work Suspended on Client’s Instructions:
Where the Client instructs that the Photographic Works is suspended for a period of 30 days or more, the Client must, at the time of suspension, pay the Photographer for all work in progress at that time.
13. Client Confidentiality:
The Client must inform the Photographer if any information or material is confidential. The Photographer must abide except where it is reasonably necessary to do otherwise to enable the Photographer to carry out the Photographers obligations or exercise any of the Photographer’s rights in relation to the invoice.
- The Client is responsible in making all payments (including rollover fees) and fulfilling all other obligations to contractors who provide any service or product for the said Photo shoot.
- Models- The Client is responsible for obtaining all necessary model release forms. To clarify that all intellectual property rights have been met by the Client, in relation to the Photographic Works –the Photographer may ask the Client for proof that these have been met.
- Where the Client asks the Photographer to engage Contractors, the Photographer will act as an agent for the Client and the Client indemnifies the Photographer against all costs, disbursements and other obligations arising from that agency.
15. Breaches of Intellectual Property:
- The Client shall fully indemnify the Photographer against any claims, costs, or expenses ( incl.. Legal costs) arising out of any illegal or defamatory Photographic Works produced for the Client or the infringement or alleged infringement of any Intellectual Property right of any person.
- Where there are any third party intellectual rights, the Client is responsible for obtaining any clearance, authorization, license or other form of approval necessary for the lawful use of any third party Intellectual Property Works.
16. Client material & Property supplied:
- Client property and material supplied to the Photographer by or on behalf of the Client is held at the client’s risk and the Photographer accepts no responsibility for the Insurance of such property.
- The Client must pay any costs associated with the storing or handling of such material or property-supplied on behalf of the Client.
- The Client’s property and materials can be disposed of as the Photographer sees fit if the Client does not claim them for a period of 6 months, from the date of receiving them. Any proceeds will be that of the Photographer.
17. Photographic work of unacceptable quality:
1.Where the Photographic Works are not of an acceptable technical quality, making it unfit
for the purpose of its specified use. No Fee or job related costs are due to the Photographer. The
Photographer has the right to rectify the issue for the rejection within a reasonable time perid. If rectified the Photographer is entitled to the original agreed fee and related costs.
2.Where there is a representative of the Client at the shoot, the representative will be responsible for the direction of the work. The Acceptance of the work by this representative is confirmation that the Photographer has met the brief totally. If the representative is not present then the Photographer’s judgement is absolute within the limits imposed by any documented agreements on the nature of the intended work.
3.If the Photographer produces work that is in the style and structure as the Photographer’s past work- in reference to the Photographer’s portfolio. The Client is deemed to have accepted the Photographer’s
4,If there is a dispute with regards to artistic interpretation and this has not been resolved and is ongoing-this can than be referred to an Photographic Association-recognised by both the Client and Photographer. With all the information available will make a final decision of the artistic Interpretation of the Photographic Works.
18. Weather Conditions:
A weather permitted booking must be agreed between the Client and Photographer prior to the shoot. Due to cancellation or postponement of the shoot because of bad weather the Client must pay the Photographer all expenses incurred up to that moment and 50% of the Photographer’s fee for that shoot-unless agreed otherwise. It is the Client’s responsibility to take out Weather Insurance for the shoot.
19. Photographer not liable for Losses:
The Photographer will not be liable for:
- Any Loss or damage arising by reason of any delay in the completion of Photographic Works.
- Any Loss of Profits.
- Any indirect or consequential loss of whatever nature.
- Any Loss resulting in any errors or omissions arising form an oversight or mis-interpretation of a Client’s
- verbal instructions.
- Any delays or cancellations of flights or any mode of transport getting to the location for the Photographic
20. Liability of Photographer Limited:
Except where provided to the contrary-the Photographer’s liability to the Client for any and all costs, loss or damage suffered by the Client, however caused (incl. negligence) , arising out of or connected with the performance or failure of performance of any Photographic Works supplied by the Photographer shall not exceed the full value of the payments made by the Client. Under the invoice.
21. Indemnity for Breach of Terms & Conditions:
The Client undertakes to indemnify the Photographer for any loss, damage, or expense (Incl. costs of a solicitor/Client basis) suffered or incurred as a result of any breach by the Client of these conditions or in recovering any monies due and such loss, damage or expense shall be monies due for the purpose of these Terms & Conditions.
C l icPhotographers United www.photographersunited.co.uk