TERMS AND CONDITIONS
For the purpose of this agreement “the Agency” and “the Advertiser” shall where the context so admits include their
respective assignees, sub-licensees in the 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.
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
Title to all Photographs remains the property of the photographer.
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 which 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. Where use is restricted in the Agreement, permission to use the
Photographs for other purposes will normally be granted upon payment of a further fee, to be mutually agreed.
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons. Unless
specifically excluded 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 any usage to be exploited in any media in perpetuity and for 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 all purposes.
6. CLIENT CONFIDENTIALITY
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 purpose of photography, save as may be reasonably necessary to enable
the photographer to carry out his/her obligations in relation to the commission.
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, trade marks, 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.
Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. All
Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, the
Photographer will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where you have
already made payment in full.
If you do not make payment to the Photographer by the due date as shown in/on Order Confirmation the Photographer
may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of Barclays Bank
from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of
the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
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.
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 cancellation of postponement.
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 reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf the
Photographer also asserts his/her statutory tight to 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. SUPPLY TO THIRD PARTIES
The licence only applies to the advertiser and product as stated on the front of the form.
14. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales.
These Terms and Conditions shall not be varied except by agreement in writing.
For more info please contact firstname.lastname@example.org