1. Definitions
1.1 - For the purpose of this agreement the “Client” shall be interpreted as references to the company, or individual to whom the commission was supplied for.
1.2 - "Photographs" means all photographic material furnished by the Photographer, whether digital images, negatives, prints or any other type of physical or electronic material.
2. Copyright
2.1 - The entire copyright in the photographs is retained by the Photographer at all times, in whatever form and throughout the world.
2.2 - The Client understands that they have a 'Licence to Use' the images.
3. Ownership of materials
3.1 - Title to all Photographs remains the property of the Photographer.
3.2 - When the Licence to Use the material has expired the Photographs must cease to be used.
4. Use
4.1 - The photographs are licensed for use across the following platforms: Artwork, packaging, brochures, website, prospectuses, social media, magazine, poster, national press, and for promotional videos on social media
4.2 - 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 Client is put into receivership or liquidation.
4.2 - The Licence only applies to the advertiser and product as stated at the top of this form and its benefit shall not be assigned to any third party without the Photographer's permission.
4.3 - Permission to use the photographs 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.
4.4 - The Client is responsible for seeking permission from those photographed (or the legal guardian of those photographed if under 18 years old) as part of this commission. Where photographic consent is not granted, it is the Client’s responsibility to make suitable arrangements (such as removing the subject from the photograph as it is being taken and making the Photographer aware). The Photographer cannot be held liable for complaints brought against either the Client or Photographer for images including subjects whose photographic consent was not given.
4.5 - In order to run her business successfully, one of the things the Photographer has to do is promote her work, both digitally and in print. If you have booked the Photographer, the chances are you’ve seen her real-life inspirational clients owning it in front of the camera on one or more of these promotional platforms. This also enables the Photographer to promote the Client’s business and services on the Photographer's website and social media. If you would prefer the Photographer not to use images from your photo-shoot as part of her marketing, please contact the photographer (please note, an exclusivity fee may be charged in the absence of being able to use the images).
5. Limitation of liability
5.1 - The Photographer cannot be held liable for any injury, loss or damage to any person, possession or property during the session.
5.2 - Any liability of total photographic failure or non-performance caused by injury, illness, accident, other emergency, or any cause within or beyond our control, will be limited to a full refund of all money paid by the Client.
5.3 - In any event, the limit of liability shall not exceed the contract price stated herein.
6. Payment
6.1 - Payment by the Client will be expected for the commissioned work within 28 days of the issue of the relevant invoice and before the date of the shoot.
6.2 - If payment is not received within 28 days of the issue of the relevant invoice, the Client may be charged interest at a rate of 5%, accruing on a daily basis until the invoice, along with any interest, is paid in full.
6.3 - Photographs will not be supplied until payment has been received in full.
7. Expenses
7.1 - Where extra expenses or time are incurred by the Photographer 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 the Photographer's normal rate to the Photographer in addition to the agreed or estimated expenses.
7.2 - The Client shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by the Client in connection with their participation in the photographic session.
8. Cancellation & postponement
8.1 - A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at her discretion, charge a fee for cancellation or postponement.
9. Right to a credit
9.1 - Wherever reasonably possible, the Photographer maintains a right to a credit in close proximity to published reproductions of the photograph(s) in national publications.
9.2 - Photographs are not to be resold, nor credited under a different name.
9.3 - The Photographer also asserts her statutory right to be 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.
10. Modifications
10.1 - No modifications of the original images are to be made. An unapproved modification does not reflect the work of the Photographer.
10.2 - If modifications need to be made to the content/style of the images, these can be discussed with the Photographer directly. This is encouraged to achieve the best result for both the Client and the Photographer.
11. Images shown for illustration
11.1 - Images shown during the shoot are for illustration purposes only and may not reflect the subset provided to the client for perusal.
11.2 - RAW files of the photographs will not be supplied.
12. Location
12.1 - Where photographic sessions are held in third party venues, the Client agrees to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). The Client will be required to leave the venue if they do not comply with such policies and rules (and the Photographer shall not be obliged to refund the Client any amounts paid in relation to such photographic session).
12.2 - The Client is responsible for their belongings that are taken to a photographic session and neither the Photographer, nor any third party venue, will be liable for any loss, damage, theft or destruction of any of the Client’s belongings.
12.3 - The Client agrees to reimburse the Photographer in full and indemnify us against any claim from third party (and associated costs and expenses (including professional fees)) arising out of the Client’s actions or inactions while at a third party venue.
13. Artistic licence
13.1 - The Photographer shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographer’s judgement regarding the locations, poses and number of images taken shall be deemed correct.
14. Non-guarantee
14.1 - Although every care will be taken to produce photographs of all important events, the Client understands that this is an uncontrollable event and that a conditional guarantee cannot be placed on the above.
14.2 - The Client understands that outdoor locations may well be used as part of the shoot, and, as a result, the weather cannot be controlled. While alternative indoor locations will be sought in case of bad weather, in situations of extreme bad weather, where there's the potential for damage to the Photographer's equipment, the Photographer reserves the right to postpone the photo-shoot at short notice. The Client also understands that in the event of postponement due to adverse weather, the Photographer shall not be obliged to refund the Client any amounts paid in relation to the photographic session. The Client is responsible for funding their travel to a rearranged photographic session.
14.3 - The Client accepts that no one photograph will be deemed more important than another.
14.4 - Special requests are not binding, although every effort will be made to comply with the Client’s wishes.
14.5 - In the extremely unlikely event that the Client is completely dissatisfied with the final results based solely on personal preference, the Photographer will re-shoot at a 20% discount from the original session fee. The Client will then receive and be able to order images from the second photographic session only.
15. Covid-19
15.1 - The Client and the Photographer release each other from any and all liability for unintentional exposure or harm due to Covid-19.
16. Variation
16.1 - No variation of this agreement shall be valid unless it is in writing and signed by, or on behalf of, both the Photographer and Client.