Reference to “the Client” shall mean the Photographer’s Client for the purposes of a given contract. “The Photographer” means Alan Green of Alan Green Photography.
“Photographs” and “Works” includes any and all photographic material furnished by the Photographer and may include prints, digital files, transparencies or any other physical or electronic material.
These Terms and Conditions are the only ones applying to the agreed contract and any alteration or variation is only applicable if agreed in writing by the Photographer.
Where time is critical, the Photographer may, at his discretion, accept an instruction given verbally. If so, the Photographer shall not accept liability for any error in fulfilling the order.
The Client is the person, business or other entity, to whom the Photographer’s invoice is addressed (whether or not the Client is acting for a third party).
If a Client does not wish to rely upon email communication, hardcopy paperwork must be supplied, otherwise emails will constitute a contract in law.
2. Copyright, Third Parties, Use & Ownership of Materials
The Photographer retains title to, and the entire copyright in, the Photographs supplied, anywhere and at all times.
Where reproduction of the supplied Photographs takes place and settlement of the Photographer’s agreed pricing has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
Use of the Photographs supplied to the Client are limited to the purpose confirmed within the Photographer’s original quotation unless subsequently varied by written agreement by him.
Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.
The Client cannot use the Photographs before making full payment of the relevant invoice (including any late payment charges), without the Photographer’s express written permission.
Any permission that may be given for prior use will automatically be considered to be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation.
Where uses of an image are made which breach the agreed scope of use, further charges will be made by the Photographer, as he deems appropriate.
No partial or other assignment of copyright shall be implied. Additionally, the Client may not assign, loan or in any way transfer the photographs to a Third Party, except for the purpose of the Client exercising their reproduction rights.
The Photographer reserves the right to refuse to supply or grant a reproduction licence or agreement to a third party if requested to do so by the Client.
Any licence, or use, of photographs granted, shall cease upon the Client’s death or bankruptcy – or, if the Client is a company, in the event of a Resolution, Winding up Order or Petition being made against it, or if a Receiver or Administrator is appointed.
3. Booking and Cancellation
A client’s booking will be considered to have been accepted when agreed in writing by the Photographer (usually by email).
If a Client cancels a booking, a Cancellation Fee of £75 will be due from the Client.
If cancellation by the Client is within 10 working days of the planned shoot, 30% of the agreed total price (or estimated total price) will be due from the client in addition to the aforementioned Cancellation Fee.
Furthermore, any expenses already incurred by the Photographer in relation to a cancelled booking, will be due from the Client, as reimbursement.
4. Exclusivity
Unless agreed to in writing by the Photographer, no exclusivity is given or implied to the Client or its agent.
The Photographer retains the right in all cases to use or sell the Photographs as he wishes.
Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
Unless specifically asked for, and outlined in writing, Exclusivity will only apply to third parties and will not apply to the Photographer’s use within their portfolio and marketing of their own business.
5. Indemnity and Liability
The Client must be satisfied that all necessary rights, model releases, clearances or consents which may be required for reproduction of Photographs are obtained. It is accepted that the Photographer gives no warranty or undertaking that any such rights, releases or consents have, or will be, obtained, whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art, or anything else, as depicted in a Photograph.
In all cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of the failure to obtain any clearances and the like, as mentioned in the point above.
The Photographer will not be liable for any loss or damage, or any consequential loss of profit or income, suffered by the Client or any third party, however caused, arising from the use or reproduction of any photograph or its caption. The Client is responsible for having suitable insurance in force.
6. Payment, including Deposit
Where a deposit is payable, this is non-refundable, although it will be considered to have paid against a postponed booking, unless the postponement results in a shoot taking place more than 3 months beyond the original shoot date.
Unless otherwise stated within the relevant Quotation Document supplied, payment by the Client will be strictly within 15 days of the issue of the relevant invoice for the commissioned work and to be made by BACS transfer, unless otherwise agreed. (Bank details will be supplied).
If payment is not made in accordance with the above terms, the Photographer may rescind any agreement and recover damages, or, at his option, exercise his right to interest under The Late Payment of Debts (Interest) Act 1998.
A fee of £15 will be made for each account reminder, copy invoice, telephone call or other communication made in pursuing a debt. Such additional fee is non-refundable.
Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the agreement.
7. Expenses
Where extra expenses are, or extra time is, incurred by the Photographer as a result of alterations to the original brief, the Client shall be liable to pay such expenses/fees, in addition to the pricing agreed in the Photographer’s quotation.
8. The Photographer’s Right to be Identified/Credited
The Photographer asserts his right to be identified as the author of his work per The Copyright, Designs and Patents Act 1988 (Sections 77&78) or any amendment or re-enactment thereof.
9. Editing & Electronic Storage
Editing or manipulation of a supplied photograph, or a portion thereof, is only allowed subject to the Photographer granting his written permission.
Although the Photographer may elect to retain copies of certain photographs, he is not responsible for keeping copies after supply to his clients.
10. Client Confidentiality
Where appropriate and if requested by the Client, the Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him 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 commissioned work.
11. Applicable Law
This agreement shall be subject to, and construed in accordance with, English Law.
