A booking is considered firm upon receipt of confirmation which should be in writing and contain details of photography required, usage and timescale. This will form the basis of the contract. An official Purchase Order should then be issued containing client references, payment and settlement terms.
Cancellation will attract 100% of the agreed fee plus any expenses incurred if less than 48 hours notice is given and 50% at any other time. Cancellation is not possible and 100% of the agreed fee plus expenses is payable if other work has been turned away or arrangements altered for a commission. Late payment may be subject to interest at 10% above base rate. You as the commissioning client are liable for payment of the invoice.
Copyright in all images regardless of media is owned by The Photographer under the terms of the Copyright Design and Patents Act of 1988. Images cannot be used before full payment is received. Any permission which may be given for prior use will be revoked if these terms are not adhered to or if full payment is not made by the due date or if the commissioning company or person is put into receivership, liquidation or bankruptcy. Images cannot be sold on or included as assets of such a company or individual.
You the Client acknowledge that the ownership of the Image(s) is not transferred to You and You must not claim such ownership. Your license is non-transferable, which means that You are not allowed to sell, rent, give, sublicense, or otherwise transfer the Image(s) or the right to use the Image(s) to anyone else. You warrant that You will endeavour to monitor usage and to prevent third parties from duplicating or otherwise using the Image(s). Image(s) cannot be used for any purpose other than that originally commissioned. Image(s) must not be used for unlawful, immoral or discriminatory purposes or to defame or victimise other people, societies or cultures. You will normally be entitled to make minor alterations (sizing, contrast etc) to suit the use to which the Image(s) are put but You may not copy, manipulate or retouch the Image(s) in whole or part for use in any way not permitted by your license. Extended use or buyout must be by negotiation.
The Photographer asserts all moral rights as author of every image however produced and wherever used in accordance with these terms and where appropriate all credits must read
PHOTO: Stephen Sandon – www.stephensandon.com.
Initial fee is calculated on the information given at the outset which is assumed to be accurate, and on the basis of granting the client first use for the promotion of a specified business, project or idea. Promotion or illustration of anything else by any individual, company or enterprise which may or may not be owned by the original commissioner using the same image or set of images will constitute a further use and will attract a further fee. Should the subject of the image(s) be of any celebrity or otherwise value, taken inadvertently or otherwise, both at the time or in the future then all rights to the revenue are due to The Photographer. The Photographer undertakes not to sell, assign or license publication or reproduction rights prior to initial use provided that the terms of this agreement are followed. Subject to the license agreement after an exclusive license period of one year from the commissioning date has elapsed, The Photographer as copyright owner and originating artist asserts to full unlimited use of the Image(s) to use and/or sell whenever and wherever he chooses. All originals remain the property of The Photographer and where appropriate must be returned in good condition no later than 30 days after the licensed use has expired.
Whilst every effort is made to follow clients instructions as closely as possible, there can be no right to reject work on the basis of style or composition where the client has provided an inadequate brief or an instruction which could be open to subjective interpretation. Any such issues must be raised immediately upon receipt of work. Wherever possible the client should be present. Where extra expenses or time are incurred 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 in addition to the expenses previously agreed or estimated.