1. Definitions.
Photographs means all material furnished by the Photographer (Dean Buckfield),
whether electronic or physical.
The Photographer (Dean Buckfield) is the Author of the photograph
or the Photographer.
The Client is the person or organisation purchasing the Photographer's
work or commissioning the Photographer. This includes their respective
assignees, sub licensees, and successors.
Costs means the cost as set out in the estimate.Estimate means any
document prepared by the Photographer setting out all costs.
Usage License is the license granting specific reproduction rights to the
Photographs and outlined in the estimate.
These terms and conditions represent the entirety of the agreement between
Dean Buckfield and the Client. Any variation is only applicable when agreed
in advance and in writing.
Copyright and Ownership.
The entire copyright in the Photographs, including ownership of all materials
is retained by the Photographer at all times throught the world.
Photography Costs are based upon a Usage License specified on the Estimate.
In the absence of such a license having been specified in writing, there is no
usage
granted whatsoever. Changes to the Usage License must be agreed with
the Photographer. For the period specified the Usage License is granted
exclusively, aside from the Photographers self promotional purposes.Where
Photographs are stored electronically, they must be erased at the conclusion of
the agreed usage period. We may require return, in good condition, of
photographic material supplied by the Photographer at the end of the Usage
License period. A high resolution digital file including photography in context of
use-eg, advertisement-or a hard copy of printed material incorporating
photography must be supplied upon request to the Photographer.
Use
The Usage License comes into effect from the date of full payment of the
relevant invoice(s). The period of usage commences from the date of first use
(or 6 months after shoot date, whichever is sooner). No use of may be made
of the Photographs before payment in full of the relevant invoice(s) without
the Photographers 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. Where use is
restricted in the Usage License, permission to use the Photograph/s for other
purposes will normally be granted upon full payment of a further fee, to be
agreed with the Photographer. The Usage License only applies to the Client
and
products as stated in the invoice and it's benefits shall not be assigned to
any third party without the Photographers permission. Accordingly, even
where any form of 'All Media License' is granted, the Photographer's permission
must be obtained before any use of the Photographs for other purposes e.g use
in relation to another product or sub licencing through a photolibary. An
agreement must be reached with the Photographer before the Photographs may
be used for other purposes. All further Licences in respect of the Photographs
will be subject to these terms and conditions. Any estimates of usage fees to the
client are valid for a period of six months only from the estimate date. We
reserve the right to renegotiate theses fees after this period has expired. Any
unauthorised use of the Photograph/s by the Client, beyond the usage
constraints agreed with us, will be subject to further usage fees. The
Photographer retains the right in all cases to use the Photographs at any time
(unless an embargo is agreed with thhe Client) for the purposes of promoting his
work. After the exclusivity period indicated in the Usage License the
Photographer
shall be entitled to use and license others to use the Photographs
for any purposes. Any usage extensions must be negotiated with the
Photographer.
Indemnity
The Photographer shall only be responsible for obtaing clearance in respect of
third party copyright works, trademarks, designs or other intellectual property if
this has been expressly agreed in writing before the shoot. In all other cases the
Client shall be responsible for obtaining such clearances, damages, claims, and
legal costs arising out of any failure to obtain such clearances.
Payment
All figures provided are estimates and not a quotation. Expenses and production
costs to be paid in advance of the Photographic shoot or on demand whichever is
applicable. Terms of payment are immediate on invoices. All fees for the right to
use
Photography once agreed are payable irrespective pf whether the usage is
appropriated or not. We reserve the right to charge 2% interest per month
(or part thereof) on amounts overdue.
Contingency 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 be liable to pay such extra expenses at an agreed rate in addition to
that which has been estimated.
Rejection
If the Client is not present during the shoot then the Photographers
interpretation of the brief is deemed acceptable to the Client. Unless stated
in writing on the day of the shoot, there is no right to reject on the basis of style.
Cancellation, postponement, reshoot
If a confirmed shoot is cancelled, postponed, or it is necessary to reshoot for
reasons outside the control of the Photographer (including but not limited to
unsuitable weather/light), the following fees plus expenses in all cases are
applicable: On shoots of two days duration or less, cancellation with 2 days
notice = 100% of fees plus expenses incurred. Between 3 and 6 days notice
= 75% fees plus expenses incurred. 7 days notice and over = 25% fees plus
expenses incurred.
Right to credit
The photographer must be credited on all editorial uses
and in other cases if stated on the estimate.
Liability
Photographer's liability in any case is limited to professional fees, which have
been agreed. Photographer shall not be liable to Client for any loss of profit, loss
of contracts, loss of business or revenues, loss of production or for any indirect,
special or consequential loss, damage, costs, expenses or other claims which
arise out of or in connection with the shoot.
Third parties
Bookings of all third party suppliers are subject to such terms and conditions asConfidentiality
It shall be the sole responsibilty of the Client to arrange for the Photographer
plus any third party involved to enter into any confidentiality agreement.
Photographer cannot be held liable for any breach of confidentiality by any
third party.
Applicable law
This agreement shall be governed by the laws of England and Wales and are
subject
to the exclusive jurisdiction of the English and Welsh courts, to whom
all parties submit.