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TERMS AND CONDITIONS

1. DEFINITIONS

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.

2. COPYRIGHT

The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.

3. OWNERSHIP

Title to all Photographs remains the property of the photographer.

4. USE

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.

5. EXCLUSIVITY

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.

7. INDEMNITY

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.

8. PAYMENT

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.

9. EXPENSES

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.

10. REJECTION

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.

15. VARIATION

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


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