STEWARTATTWOODPHOTOGRAPHY -Terms and Conditions
Terms and Conditions for commissioned photography and video 2021
1. DEFINITIONS
For the purpose of this agreement ‘the Photographer’ is either Stewart Attwood or a representative of StewartAttwoodPhotography, registered at 96 Longcrook South Queensferry, EH30 9XS. ‘The Agency’ and ‘the Client’ 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 Client’ 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.
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. When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.
4. USE
The Licence to Use comes into effect from the date of payment of the relevant invoice(s) for a period of 12 months unless otherwise agreed. 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 commissioning Client for the agreed brief and for the uses and restrictions stated on the relevant fee category 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 e.g. use in relation to another product or sublicensing through a photolibrary. 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. 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.
6. INDEMNITY
The Photographer agrees to indemnify the Agency and 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 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 Client, 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 on the invoice.
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. DELAYS
The price of the job will be based on the time the photographer is in attendance regardless of delays caused by either the Client or any third party.
11. CHOICE OF PHOTOGRAPHER
The Photographer will make every effort to accommodate the Agency’s requests for a specific photographer but reserves the right to choose any of its employed photographers for the work based on timetables and other commitments.
12. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will charge a fee for cancellation or postponement. 50% of the commission fee if more than 24 hours before the assignment and the full fee if less than 24 hours.
13. 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.
14. APPLICABLE LAW
This Agreement shall be governed by the laws of Scotland.
15. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.
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