Terms and Conditions - Helen Burrows Photography

1. Definitions

For the purpose of this agreement 'the Agency' and 'the Client' shall where the context so admits include their respectiveassigness, sub-licenses and successors in title. In the cases where the Photographer's client is a direct client (i.e. with no agnecy or intermediary), all reference in this agreement to both 'the Agency' and 'the Client' shall be interpreted as reference 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 by virtue of the CDPA 1988 section 4 and additionally and further by the Universal Copyright Convention for the rest of 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 in effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before the 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 or Client is put into receivership or liquidation. The Licence only applies to the client and product as agreed during negotiation either in writing or via email and its benefit shall not be assinged 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. Exclusivity

If agreed in the Licence to use, the Agency and Client will be authorised to use the Photographs to the exclusion of all other persons including the Photographer for the duration of agreed and stated exclusivity. 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 has expired, or if no such agreement was made, the Photographer shall be entitled to use the Photographs for any purposes.

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. 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 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 expense, damages, claims and legal costs arising out of any failure to obtain such clearances.

8. Payment

Payment by the Agency or Client will be expected for the commissioned work within 28 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 28 days The Photographer reserves the right to charge interest at the rate prescribed by the Late payment of Commercial Debt (Interest) Act 1998 of 8% above the current Bank of England base rate from the date payment was due until the date payment is made.

9. Expenses

Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or by the Client, or otherwise at their request, the Agency or 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 agreed or estimated by email or in writing.

10. Rejection

Unless rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

11. Cancellation & Postponement

A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement as follows (all days are working days):

Shoot of 2 days or less duration:

Within 2 days100% fee + expenses

3-6 days50% fee + expenses

7 days or over25% fee + expenses

Shoot in excess of 2 days duration:

No. of shoot days or less 100% fee + expenses

Twice No. of shoot days 50% fee + expenses

Excess of twice shoot days 25% fee + expenses

Postponement is considered to be when a new date is given and confirmed. At the photographer's discretion fees may be payable, according to the above schedule, to cover costs and inconvenience. However, expenses incurred which will have to be paid out again for the new shoot date will be charged in full.

12. Right to a Credit

The Photographer retains the right to a credit and as such the Photographer's name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his/her statuary right to be identified in the circumstances set out in Section 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

13. Electronic Storage

The photographer undertakes to archive the images for a maximum of 5 years only. If requested by and agreed with the client the photographer will supply the client with and electronic copy of the final images for the client to archive. The archived images are subject to the terms of the agreed usage licence and should be returned to the photographer upon its expiry. 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 England and Wales.

15. Variation

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

NOTE: For more information on the commissioning of photography refer to the interim guidelines produced by the Association of Photographers, of which the Photographer is a member.