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 and successors in 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 including digital  files.

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

3. OWNERSHIP OF MATERIALS 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. The Licence only  applies to the advertiser and product as stated on the front of the  form and its benefit shall not be assigned to any third party without  the Photographer’s permission. Accordingly, even where any form of ‘all  media’ Licence is granted, the photographer’s permission must be  obtained before any use of the Photographs for other purposes eg use in  relation to another product or sub-licensing through a photo-library.  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.  Unless otherwise agreed in writing, all further Licences in respect of  the Photographs will be subject to these terms and conditions.

5.  PROMOTIONAL USE 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 the purposes of 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 any purposes.

6.  INDEMNITY The Photographer shall only be responsible for obtaining  clearances for third party copyright works, trade marks, designs or  other intellectual property 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.

7. PAYMENT Payment by the Agency will be  expected for the commissioned work within 30 days of the issue of the  relevant invoice. If the invoice is not paid, in full, within 30 days  The Photographer reserves the right to charge interest at the rate  prescribed by the Late Payment of Commercial Debt (Interest) Act 1998  from the date payment was due until the date payment is made.

8.  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.

9.  REJECTION Unless a rejection fee has been agreed in advance, there is no  right to reject on the basis of style or composition.

10.  CANCELLATION & POSTPONEMENT A booking is considered firm as from the  date of confirmation and accordingly the Photographer will, at his/her  discretion, charge a 50% cancellation fee of the final agreed amount for  cancellation or postponement.

11. STORAGE OF PHOTOGRAPHS Upon  receipt of Photographs, the Agency accepts all responsibility for  archiving and protecting the photographs. Photographer does not  permanently archive image files. The Photographer is not responsible for  the lifespan of any digital media provided or for any future changes in  digital technology or media readers that might result in an inability  to read files provided. It is the responsibility of the Agency to make  sure that digital files are copied to new media as required.

12.  RIGHT TO A CREDIT The Photographer asserts the right to be credited as  the author of the Photos in accordance with sections 77 and 79 of  Copyright, Designs and Patents Act 1988. Any unauthorised reproduction  of any Photos will constitute a breach of copyright.

13. LIABILITY  Our entire liability for any breach of this Agreement or any  representation, act or omission (including negligence) shall be limited  to our fee in relation to the Photo Services and we shall not be  responsible for any special, indirect or consequential or pure economic  loss, costs, damages, charges or expenses. The limitation on liability  shall also apply in the event that Photos are lost through equipment  malfunction, are lost in the mail or otherwise lost or damaged where the  Photographer is not liable.

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.

Bishop's Stortofrd, UK

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