Terms and conditions of commissioning and reproduction of images
these are industry standard terms and conditions courtesy of the Association
of Photographers and the Association of Editorial Photographers UK
1. Definitions
In this Agreement the terms (a) image includes a digital image, digital scan,
photograph, transparency, negative, design, artwork, painting, montage drawing,
engraving or any other item which may be offered for the purposes of
reproduction: (b) reproduction includes any form of publication or copying of
the whole or part of any image and whether or not altered by printing,
photography, slide projection (whether or not to an audience) xerography,
artist's reference, artist's illustration, layout or presentation, electronic or
mechanical reproduction or storage by any other means (c) the Client is the
person or organisation to whom the invoice is addressed (whether or not the
Client is acting for a third party).
2. Copyright
(a) The entire
copyright in the images is retained by
Stewart Turkington Photography at all times throughout the world.
(b) Stewart Turkington Photography supplies the technical and artistic ability
to illustrate an idea photographically, and sells the right to reproduce those
images in a given context. No property or copyright in any images shall pass to
the Client whether on its submission, or on Stewart Turkington Photography’s
grant of reproduction rights in respect thereof.
(c) Any reproduction rights granted are by way of
licence and no partial or other
assignment of copyright shall be implied.
3. Use
(a) The Licence to Use comes into effect from the date of payment of the
relevant invoice(s). No use may be made of the images before payment in full of
the relevant invoice(s) without the express permission of Stewart Turkington
Photography. 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.
(b) Reproduction rights granted are personal to the Client and may not be
assigned, nor may any image submitted to the Client be loaned or transferred to
third parties save for the purpose of the exercise by the Client of such
reproduction rights.
(c) Stewart Turkington Photography reserves the right to refuse to supply or
grant a reproduction licence to a third party when requested to do so by the
Client.
(d) Reproduction rights are not issued exclusively to the Client except when
specified on the invoice.
(e) Permission to use the images 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.
(f) Unless otherwise agreed in writing, all further Licences in respect of the
images will be subject to these Terms & Conditions.
4. Client Confidentiality
(a) Stewart Turkington Photography 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 Stewart Turkington Photography to carry out their
obligations in relation to the commission.
5. Indemnity
(a) While Stewart Turkington Photography takes all reasonable care in the
performance of this agreement generally, they shall not be liable for any loss
or damage suffered by the Client or by any third party arising from use or
reproduction of any image or its caption.
(b) The Client agrees to indemnify Stewart Turkington Photography in respect of
any claims or damages or any costs arising in any manner from the reproduction
without proper reproduction rights of any image supplied to the Client by
Stewart Turkington Photography.
(c) It is the Client who must satisfy himself that all necessary rights, model
releases or consents which may be required for reproduction, are obtained and it
is acknowledged that Stewart Turkington Photography gives no warranty or
undertaking that any such rights, model releases or consents have or will be
obtained whether in relation to the use of names, people, trade marks,
registered or copyright designs or works of art depicted in any image. In the
event that the image issued or reproduced by or with the authority of the Client
then the Client shall indemnify Stewart Turkington Photography against any loss
or damage, proceedings or costs where such rights, releases or consents have not
been obtained.
6. Payment
(a)
Payment terms are strictly 30 days from date of invoice
by crossed cheque made payable to " Stewart Turkington" or by automated credit
transfer (BACS). BACS details will be supplied with our invoice if this is a
more convenient method of payment. Proof of postage of remittances is not
considered proof of receipt, and clients are advised to send payment by any
method affording proof of delivery.
We understand and will exercise our statutory right to claim interest and
compensation for debt recovery costs under the late payment of commercial debts
act if we are not paid according to agreed credit terms.
(b) If payment is not made in accordance with (a) above then Stewart Turkington
Photography may rescind this Agreement and recover damages, or, at their option,
may exercise their statutory right to interest under the Late Payment Of
Commercial Debts (Interest) Act 1998.
(c) If any invoice issued to the Client is not paid by the Due Date, then all
unpaid invoices issued to the Client become due of immediate effect, even if it
is less than 30 days from the issue date, and that Stewart Turkington
Photography may consider these invoices as overdue when pursuing legal action
for the recovery of said debts.
(d) A fee of £15.00 (excluding VAT) may be made for each account reminder,
duplicate invoice, or any other paperwork, correspondence or phone calls
involved with the pursual of a debt. This fee is non-refundable, and represents
the additional time spent pursuing overdue invoices.
(e) Stewart Turkington Photography reserves the right to suspend ongoing
services, such as (but not limited to) the Downloadable Web Page or other
distribution of images, once any invoice issued to a Client becomes overdue, and
also reserves the right to inform the reason of this to third parties to whom
this suspension of service affects.
(f) On the Client's death or bankruptcy or (if the Client is a company) in the
event of a Resolution, Petition or Order for winding up being made against it,
or if a Receiver is appointed, Stewart Turkington Photography may at any time
thereafter inspect any records, accounts and books relating to the reproduction
of their images to ensure that the images are being used only in accordance with
the reproduction rights granted to the Client.
7. Expenses
(a) Where extra expenses or time are incurred by Stewart Turkington Photography
as a result of alterations to the original brief 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 Stewart Turkington Photography’s normal rate in addition to
the expenses shown on the Estimate form as having been agreed or estimated.
8. Rejection
(a) Unless a rejection fee has been agreed in advance, there is no right to
reject on the basis of style, composition or editing.
9. Cancellation & Postponement
(a) Once the Client has made a booking for a specific time and date, Stewart
Turkington Photography will not accept any other work from other clients for
those times and dates.
(b) As a result, once a booking is made, if it is subsequently cancelled, a
cancellation fee will be charged to the client according to the following
schedule. When a client cancels a booking within two weeks of any confirmed
date, a fee of 50% of the booked time rate will be charged. When a client
cancels photography within one weeks of any confirmed date, a fee of 100% of the
booked time rate will be charged. In addition to this cancellation fee, the
client will be charged for any expenses already incurred by Stewart Turkington
Photography.
10. Right to a credit
(a) If the box on the 'Licence to Use' marked "Right to a Credit" has been
ticked Stewart Turkington Photography’s name will be printed on or in reasonable
proximity to all published reproductions of the images. By ticking the "Right to
a Credit" box Stewart Turkington Photography asserts their statutory right to be
identified as the author of the work in the circumstances set out in Sections 77
to 79 of the Copyright, Designs and Patents Act 1988 or any amendment or
re-enactment thereof.
(b) Unless otherwise agreed in writing if any image reproduced by the Client
omits the copyright notice or credit line specified by Stewart Turkington
Photography any fee payable by the Client shall be subject to an increase
specified by Stewart Turkington Photography, and in any event an increase of not
less than 25%.
11. Storage
(a) Every effort will be made to archive the images indefinitely by Stewart
Turkington Photography. However, Stewart Turkington Photography makes no
warranty about the nature of its archive past the date of first delivery of
final images. Clients should treat the delivered files carefully, and we
recommend that you keep a safe copy for the duration of the licence.
12. Applicable Law
(a) This Agreement shall be governed by the laws of England & Wales.
13. Variation
(a) These Terms & Conditions shall not be varied except by agreement in writing.