Terms and Conditions

 

Terms of Business

TERMS AND CONDITIONS

1. DEFINITIONS

Terms and Conditions of Business apply to all dealings between the "Photographer" Beth Steddon and you "The Client".

"Photographs" relates to any and all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.

2. COPYRIGHT & IMAGE USAGE

As per the Copyright, Designs & Patents Act 1988, the Photographer owns and retains the copyright of all images created by the Photographer, globally and in perpetuity. The Client is forbidden by law to copy any images created by Photographer without written permission, and agrees that all photographic reprints, digital reproductions or copies of any type made from images created by Photographer shall only be carried out by Photographer.  Licence to reproduce such images is granted to the Client on the understanding that it comes into affect once all payments are made in full.

The client is not permitted to sell or give away the images in any way, including via online libraries, or to use them on any printed merchandise unless previously agreed in writing.

The photographer reserves the right to use images for their own promotional purposes. This may include, but is not limited to, use on our website and in portfolios & case studies, as well as on social media channels. Where appropriate, and in the case of non-branded images only, they may also be submitted to our stock photography libraries. Branded product images are not permitted on stock photography libraries. If we have agreed upon an initial exclusive use period, we will not publicise images in any way until after this date. This agreement must be made in advance of the shoot and in writing on our booking confirmation form.

In the case of the Client wishing to own the copyright of images created by Photographer, an additional 'buy out' fee will be paid by Client to Photographer for the transference of the copyright. Copyright transfer will only come into effect once payment has been made in full.

3. OWNERSHIP OF MATERIALS

All original negatives, transparencies, digital files, and titles to all photographs created by Photographer remain the property of the Photographer.

Where applicable, if a Licence to Use the material has expired and the client does not wish to renew, the Photographs must be removed from the Client’s computer systems / databases. 

4. EXCLUSIVITY

The Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, 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.

5. INDEMNITY

The Photographer agrees to indemnify the Client 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 Client 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.

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 purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.

7. PAYMENT

Where no existing 30 day credit account is in place, payment by the customer will be expected on completion and approval of the commissioned work, and subsequent issue of the relevant invoice. Payment may be required prior to the delivery of high resolution files. 

In cases of late payment the photographer reserves the right to charge a monthly late payment fee of 3% (above the HSBC unsecured overdraft rate) until full payment has been received. 

9. EXPENSES

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 expenses already agreed or estimated.

10. REJECTION

Excluding cases where a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition. The photographer will endeavour to follow guidelines set out in the brief provided by the client, prior to shooting. 

11. CANCELLATION & POSTPONEMENT

A booking is considered firm from the date of confirmation and accordingly, if a booking is cancelled by Client within two working days of the starting time, Photographer reserves the right to charge his full fee for the assignment. If within five working days of the starting time, Photographer may charge 50% of their fee. For cancellations/postponements due to weather conditions, the Photographer reserves the right to charge his full fee and expenses due to weather conditions on location.

In the event of any cancellation/postponement, Photographer may charge in full for expenses (e.g. including but not limited to; travel arrangements, location/studio fees, hire of specialist equipment, props, model fees etc), that Photographer may have incurred (or committed to) prior to the cancellation/postponement.

Photographer may make additional charges should an assignment overrun due to circumstances beyond the control of Photographer (e.g. including but not limited to; Client requesting additional photographs over and above Client's original brief etc).

12. Delivery of Products and Services  

The supply of products and services are provided by Photographer on a best endeavours basis. Photographer will not be liable for delays that are beyond his reasonable control. Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.

13. 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 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.

14. ELECTRONIC STORAGE

Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.

15. APPLICABLE LAW

This agreement shall be governed by the laws of England & Wales

16. VARIATION

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