TERMS & CONDITIONS
1. DEFINITIONS
In these Terms & Conditions (a) "image" includes a digital image, a digital scan, photograph, transparency or negative (b) "reproduction" includes any form of publication or copying of the whole or part of any image (c) "Client or client" is the person or organisation to whom the invoice is addressed (whether or not the client is acting for a third party) and (d) "Photographer or photographer" is Sim Canetty-Clarke Photography Ltd.
2. COPYRIGHT
The entire COPYRIGHT of the images is retained by the Photographer at all times throughout the world, unless specifically negotiated otherwise by the Client and the Photographer.
3. EXCLUSIVITY
The Client will be authorised to publish the images. If an exclusivity period is agreed before the commission, then no other persons including the Photographer may publish them, however the Photographer retains the right in all cases to use the images in any manner at any time and in any part of the world for the purposes of advertising or promoting her work. Once the exclusivity period has expired, the Photographer shall be entitled to use the images for any purposes.
4. CLIENT CONFIDENTIALITY
The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to her in confidence for the purposes of the photography, save as may be necessary to enable the Photographer to carry out her obligations in relation to the commission or if the information was already known by the Photographer.
5. INDEMNITY
The Client is responsible for obtaining any and all clearances relating to the commission, unless expressly agreed otherwise before the shoot. In all other cases, the Client shall indemnify the Photographer against all expenses, damages, claims, losses and legal costs arising out of any failure to obtain such clearances.
The Client must satisfy themselves that all necessary rights, model releases or consents which may be required for reproduction, are obtained by the Client and it is acknowledged that the Photographer gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained by her whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any image.
6. PAYMENT
Payment by the Client must be made of all invoices issued by the Photographer for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, on the due date, 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.
7. EXPENSES
Where extra costs 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, costs or fees at the Photographer’s standard rate. These sums shall be paid in addition to the expenses, costs and fews shown as having been agreed or estimated in the original brief, quotation or proposal.
8. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation by the Photographer by email or other means in writing to the Client.
Once the Client has made a booking for a specific time and date, the Photographer will not accept any other work from other clients for those times and dates. As a result once a booking is made, if it is subsequently cancelled or postponed for any reason, the Photographer may charge a fee for cancellation or postponement. When a Client cancels photography within 5 days of any confirmed date, a fee of 50% of the original agreed fee may be charged. A cancellation within 24 hours will incur 100% of fee . In addition to these cancellation fees, the Client will be charged for any expenses already incurred by the Photographer.
9. RIGHT TO A CREDIT
If it is agreed that a credit will be given, then the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the images. Once the Right to a Credit is agreed, the Photographer asserts their statutory right to be identified as the author of the work in the circumstances set out in Sections 77 to 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
10. ELECTRONIC STORAGE
Effort will be made to archive the images for a reasonable period of time by the Photographer. However, the Photographer makes no warranty whatsoever to archive any image or about the nature of its archive past the date of first delivery of the final images. Clients should treat the delivered files carefully and it is strongly recommended that the Client keeps a safe copy.
11. APPLICABLE LAW
This agreement shall be governed by the laws of England and Wales
12. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.