Terms and conditions
Tony Hopwood trading as Whitehall Photography Ltd retains full copyright of all images, at all times throughout the world. Full terms & conditions apply Any queries need to be raised within 5 days of receipt of the images being received by the Client.
➢ “Photographer” means the commissioned Photographer (Tony Hopwood trading as Whitehall Photography Ltd for the purpose of these Terms and conditions) whose details are set out in the Estimate and invoice(s) for an Assignment.
➢ “Assignment” means a commission by the Client of the Photographer for provision of Photographer’s services at a shoot for the purpose of creating the Material.
➢ “Client” is the party commissioning the Photographer and includes the Client’s affiliates, assignees, 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 Advertiser” shall be interpreted as references to the photographer’s client.
➢ For the purpose of this agreement “the Agency” and “the Advertiser” 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 Advertiser” shall be interpreted as references to the photographer’s client.
➢ “Photographs” means all photographic material furnished by the photographer, whether transparencies, negatives, prints, digital images or any other type of physical or electronic material.
➢ “Estimate” means any email or other document electronic or otherwise created by the Photographer and setting out the Fee and expenses for any Assignment along with information as to Usage Licences.
➢ “Fee” means the Photographer’s fees as set out in the Estimate.
The photographer retains the entire copyright in the photographs at all times throughout the world. I monitor infringement of my work and will pursue claims for damages where necessary.
OWNERSHIP OF MATERIALS
Title to all photographs remains the property of the photographer.
Images once supplied may not be forwarded to any 3rd parties for re-use. Images are supplied on a rolling licence, the licence only applies to the Client and product as stated on the front of the Estimate and its benefit shall not be assigned to any third party without the Photographer’s permission. Images may not be re-used after the intended use without the photographer’s permission, for other purposes e.g. use in relation to another product, company or sub-licensing through a photo library.
The Client will be authorised to publish the photographs to the exclusion of all other persons including the photographer. 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. The photographer shall be entitled to use the photographs for any purposes.
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 obligations in relation to the commission.
The photographer agrees to indemnify the agency and the advertiser 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.
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. A charge of £15 will be made for each email/fax/letter sent if invoices are not paid in full by the due date.
Where extra expenses or time are incurred by the photographer as a result of alterations to the original brief by the Client, agency or the advertiser, 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. REJECTION Unless a rejection fee or contract has been agreed in advance, there is no right to reject on the basis of style or composition. BOOKING CANCELLATION & POSTPONEMENT A booking is considered firm as from the date of confirmation, bookings can only be confirmed via email or in writing from the Clients with a booking fee of £40 (non-refundable). The photographer will, at his discretion, charge a fee for cancellation or postponement 5 working days 25% of fee, 3-4 working days 50% fee, 48 hours 75% fee, 24 hours or less, 100% fee.
Save for the purposes of reproduction for the licensed use, 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. The photographer stores images supplied, but due to the nature of electronic storage, future supply cannot be guaranteed. RAW unedited files from each shoot are kept for 2 weeks after the date of shoot, then deleted, future supply cannot be guaranteed.
These Terms and Conditions shall not be varied except by agreement in writing.
The laws of England & Wales shall govern this agreement.