Terms and Conditions
(a) For the purpose of this agreement “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client contracts through an Agency or intermediary, all references in this agreement to “the Client” shall be interpreted as references to the end-user.
(b) For the purpose of this agreement “The Photographer” will mean Emma Ayres and Nick Miners, trading as Infromthestorm and shall where the context so admits include their respective assignees, sub-licensees and successor in title.
(c) “Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.
(d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.
(e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.
(f) Where time is of the essence the Photographer, entirely at their own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.
(g) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client, either directly or through the agent is deemed to be authorised to do so.
(h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
2. CLIENT RESPONSIBILITIES
(a) The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, ideally by means of a written brief specifying where appropriate the photographs required. The Photographer shall not be responsible for photographs not taken as a result of the Client's failure to provide a brief or reasonable assistance or cooperation.
(a) Photographs shall be delivered to the Client via a secure website and stored for a period of 12 months. This period is automatically extended with further bookings made within the 12 month period. Additional storage time can be arranged by agreement.
(a) The Photographer retains the entire copyright in the Photographs and Works at all times, throughout the World and
(b) Will grant the Client a licence to use the photographs as described in the licence agreement which will be supplied following the shoot and upon receipt of full payment.
(c) Where use or reproduction of Works has taken place and settlement 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.
5. OWNERSHIP OF MATERIALS.
(a) Title to all Photographs remains the property of the Photographer.
(b) When the License to Use has expired, any archived digital copies of the Photographs must be destroyed.
(c) Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.
(a) The License to Use will be supplied following receipt of full payment of the relevant invoice(s).
(b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s or the Agent’s express permission in writing.
(c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation.
(d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made.
(e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied.
(f) On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
7. CLIENT CONFIDENTIALITY.
(a) The Photographer will keep confidential and will not disclose to any third parties or make use of 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.
(a) It is the Client who must satisfy themselves that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained.
(b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture.
(c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot.
(d) In all other cases the Client shall indemnify the Photographer and the Agency, against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
(a) Unless otherwise agreed in writing, payment by the Client will be 50% deposit with booking with the balance due upon delivery of the images. The deposit is not refundable if the Client cancels or changes the engagement. If the Photographer fails to appear at the place and time specified, the deposit shall be refunded to the Client. The licence agreement will not take effect until payment is received in full.
(b) A further interest charge of 8% over the Bank of England base rate is added to the invoice on the first day following that when settlement should have been made. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced.
(a) The Client shall reimburse the Photographer for any additional costs that may be incurred for travel, meals, parking, and other reasonable costs necessary to the performance of these services.
(b) Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise. The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate, as having been agreed or estimated.
(a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
12. CANCELLATION & POSTPONEMENT.
(a) Deposit fees are non-refundable.
(b) A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion; charge a fee of cancellation or postponement, should a booking be cancelled with less than 48 hours’ notice. In the event of such cancellation full fee will be charged.
(c) For shoots taking place at a location other than Infromthestorm’s premises, should conditions on site prevent the shoot from taking place a postponement fee of ½ day rate (less deposit) will be charged (pricing in accordance with the client’s contract) and photographic evidence will be provided by the photographer. Subsequent shoots will be charged at usual rates in accordance with the client’s contract.
13. SUPPLY TO THIRD PARTIES.
(a) The licence only applies to the Client and product stated on the Licence to Use.
14. ELECTRONIC STORAGE.
(a) Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form other than the client’s own document storage facility.
(b) Manipulation of the image or use of only a portion of the image may only take place following a quality control check by, and with written permission of, the Photographer, unless permitted within the terms of the licence.
(c) Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.
15. APPLICABLE LAW.
(a) This agreement shall be governed by the Laws of England & Wales.
(a) These Terms and Conditions shall not be varied except by agreement in writing.