TERMS & CONDITIONS
Terms & Conditions of supply for commissioned photography
INTRODUCTION – The following eight sections represent the basis on which I undertake photographic assignments and commissions for commercial, public relations and editorial photography. These are intended as a background document to which specific or varied terms can be added or amended, as necessary. I am always happy to discuss any specific conditions that you may require, and explain how my terms may apply to you.
There are, of course, many pieces of legislation that will have an effect on how my relationship with clients works, not least of which is the Copyright, Designs and Patents Act 1988.
COPYRIGHT – Unless agreed in advance and in writing, I do not assign copyright to any clients or third parties. Please be aware that buying the copyright is more expensive than buying an extensive and wide-ranging licence. I reserve the right to use images for promotional use, both online and in print – unless specifically requested not to by the client.
LICENCES GRANTED – As a client, you would be granted a licence to reproduce and/or distribute the photographs. All licences have geographical, time, media and usage restrictions. My policy is to negotiate a licence that meets your needs and represents the best value for money for you and/or your client. Use of the photographs outside the terms of the licence granted would be a breach of copyright.
LICENCE EXTENSION OPTIONS – If, having agreed a set of licence conditions, you subsequently realise that you need wider use of the photographs, I am always happy to negotiate a licence extension. While the cost of buying extensions will be greater than that of buying the right licence in the first place, you will find that my rates are very competitive.
DELIVERY METHODS AND DEADLINES – As part of the commission we will agree how, when and where the photographs will be delivered. Options include online transfer, CDs and DVDs, FTP, email and USB flash drives. Photographs will be supplied in the agreed format, by the agreed deadline. If images are required immediately after the assignment, this must be arranged prior to commencement of the assignment. Copies of all files will be retained in line with industry best practice and any subsequent re-issue of any or all of the image files will be subject to a charge equal to 50% of the original cost of producing and delivering them.
INVOICING AND PAYMENT – Fees and costs will be negotiated and agreed before the commission takes place. Should the details of the commission change, then alterations to the costs will be agreed as soon as possible. New clients will be asked, in advance, for a purchase order, or an email confirming the commission, agreed fees and costs, as well as acceptance of my terms and conditions. Once the commission has been completed, I will send an invoice to you with payment terms and methods outlined. The grant of licence will only come into force once payment has been made in full. If the client postpones or cancels the commission within 72 hours of the start time, I reserve the right to charge 50% of the agreed fees. Cancellations or postponements within 24 hours of the start time may be charged at 100% of the agreed fees.
THE LIMIT OF MY LIABILITY – As a professional photographer, I take great care and pride in my work and in my relationship with clients and the subjects of my photography. I cannot, however, accept liability for unexpected events including: poor weather, industrial disputes, unforeseen travel delays, sickness or injury, equipment malfunction, model release disputes, property release disputes and other actions or accidents that are outside my control and that cannot be reasonably predicted. Please note, my photographic equipment is regularly tested and serviced, and any mains-powered equipment that I use will be PAT tested. My Public Liabilities insurance cover extends to £5 million. Should you require any specialist insurance cover for your project, please advise as this can be arranged, and these costs can be included in the fees. Back up copies of your images will be stored using reliable methods but I cannot accept liability for systems failures.
GENERAL DATA PROTECTION REGULATION COMPLIANCE – I am registered with the Information Commissioners Office and my business is conducted in strict accordance with the latest guidelines available for photography from the ICO. All data relevant to my clients and customers is held securely and is never passed to third parties without the prior permission of those clients and customers. I do not take part in direct marketing campaigns to members of the public and any marketing activity to businesses is conducted in accordance with any and all regulations, as well as current best practices. Images and the related metadata are stored in suitable electronic formats.
DISPUTE RESOLUTION – If, for any reason, you have any queries about the service that I have provided, I will be happy to discuss your concerns. Photography is a creative activity and I accept commissions on the basis that you are buying my skills and that you trust me to apply those skills in accordance with our discussions and verbal agreements. Written confirmation of commissions should always include any “must-have” picture requirements and, where technically and creatively possible, I will fulfill your requests. If I consider any of your requirements to be unfeasible, or if any of them become so during the shoot itself, I will point this out at the first possible opportunity and offer solutions.
SUMMARY – Great care is taken to establish and maintain mutually beneficial working relationships with clients. I take equal care to make sure that, as technology changes and working practices evolve, I remain compliant with, and aware of all legislation, regulation and best practice relevant to both myself and my clients. If at any time before, during and after our working together, my clients wish to discuss anything covered by this document, I will be more than happy to do so – please get in touch.