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Commission Terms & Conditions
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These general terms & conditions apply to all private and commercial
(non-private, e.g. editorial, advertising, corporate, etc.) commissions.
Not all points in this document will be relevant to all types of
commission.
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Product Definition: Services and products are as per price list current at the time of booking.
Full resolution digital files are 8-bit CMYK or RGB files in TIF
or JPEG format at 300 dpi x required print size. Internet resolution digital files are 8-bit RGB files in JPEG
format at 72 dpi x 1,200 pixels (longer side).
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Travel Expenses: If the photo session is to
take place in a location other than the photographer's studio,
appropriate travel expenses may be charged.
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Cancellation and re-scheduling:
Re-scheduling (change of date): Photo sessions may be
re-scheduled by the client up to seven or more working days before the
session date without charge. If the client re-schedules within less than
seven working days before the session date, a fee of up to an amount
equal to the deposit.
Cancellations: Bookings may be
cancelled by the client up to seven or more working days before the
session date for a refund of the deposit. An administrative cancellation
fee may be charged. If the client cancels within less than seven working
days before the session date, a cancellation fee will be charged in an
amount equal to the deposit.
Third-party services (e.g. make-up artist, etc.) are subject to
the cancellation policies of the provider of the service.
Any pre-agreed special equipment, props, location, etc., hire or
purchase is payable in full in case of re-scheduling or cancellation.
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Deposit and Payment: A deposit may be required to retain the
photographer to perform the services agreed. When the order is
completed, the deposit will be applied towards the total cost. The
balance is due on the day of the photo session. Extras and options
are payable when ordered.
If the client refuses delivery of the order or refuses to pay within the
period stated, the client is in default and shall pay interest charges
of 2.5% per month of the outstanding amount plus an administrative fee of
£25.00 per month until payment is made in full.
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Extras and Options: Prices for additional prints, options and extras
as per price list current at the date of ordering.
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Selection of Images: Unless otherwise agreed, client will select
photographs for printing or digital creation from a set of contacts provided.
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Timeliness and Mode of Delivery: It is the client’s responsibility
to advise the photographer of the selected images in a timely fashion in
line with the photographer’s “lead times”.
Prints are delivered by mail or courier service. Digital files are
delivered on DVD/CD by mail or courier services, or via electronic
delivery (FTP/Email). Client will need to allow for delivery times.
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Copyright and Reproductions: The photographer owns the copyright in
all images created and has the exclusive right to make reproductions.
Unless otherwise agreed, reproductions will only be made for the client
and as specified under "photographer’s usage".
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Reservation of Rights: All rights not expressly granted are reserved
to the photographer, including but not limited to all copyright and
ownership rights in photographic materials, including digital media. The
client shall not modify directly or indirectly any of the photographic
materials without the express, written consent of the photographer.
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Photographic Materials: All photographic materials, including but
not limited to negatives, transparencies, digital files, contact sheets,
proofs and previews are the exclusive property of the photographer.
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Client's Usage: For private commissions, photographs may only
be used for private, non-commercial purposes. Digital files, except
digital contact sheets, may be used on the client's private and personal
website, subject to Authorship Credit. The client may not sell or trade
prints and digital files. If the photographs are for an actor, presenter
or bodybuilder portfolio, they may be used for the client's own self
promotion (see authorship credit below).
For all other commissions, usage as per agreement. Unless
otherwise agreed, the photographs from a commercial (non-private client)
assignment may be used for a period of one year for the agreed purpose
in the agreed media and the agreed locale.
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Authorship Credit: Authorship credit together with a copyright
notice shall accompany the photographs when they are reproduced, unless
otherwise specified. If the required authorship credit is omitted, the
parties agree that liquidated damages for the omission shall be three
times the invoiced amount.
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Specimen copies and samples: Client shall provide the photographer
with 2 copies of any usage.
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Additional Usage: If the client wishes to make additional uses (e.g.
publication, etc., or - for commercial commissions - different
publications, different geographic areas, different purpose, different
media, etc.), permission from the photographer is required and the
payment of an additional fee may be requested.
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Unauthorised Usage: Any usage which is not expressly permitted is
considered unauthorised. A fee may be charged for any unauthorised use.
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Re-shoots: If the photographer is required by the client to re-shoot
the assignment, additional fees and expenses are charged in full, unless
the re-shoot is due to Acts of God or an error by a third party, in
which case only additional expenses but no fees are charged to the
client. The photographer shall be given first refusal to perform any
re-shoot.
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Assignment: Neither this agreement nor any rights or obligations
hereunder shall be assigned by either of the parties, except that the
photographer shall have the right to assign monies due hereunder. Both
client and any party on whose behalf the client has entered into this
agreement shall be bound by this agreement and shall be jointly and
severally liable for full performance hereunder, including but not
limited to payments of monies due to the photographer.
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Photographer’s Usage: Unless otherwise specified in the agreement,
the photographer may use the photographs for his own self promotion,
including his portfolio, online portfolio, window display, printed
marketing materials, articles written about the photographer, the
photographer’s own book projects, exhibitions or photographic
competitions, including print sales resulting from exhibition.
For private commissions, photographs featuring nudity are
always entirely private and will never be shown to anybody else. They
are only used to produce prints for the client. Under no circumstances will
photographs from a private commission be sold to anybody but the client.
If the subject of an editorial or other commercial commission is
a person(s), the photographer may offer to sell prints and digital files
to that person(s) after the client's first publication date.
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Failure to perform: If the photographer cannot perform this
agreement due to a casualty, accident, illness, fire, act of God, or
other cause beyond the photographer’s control, the photographer will
return the deposit to the client but shall have no further liability
with respect to the agreement. In the event that the photographer fails
to perform for any other reason, the photographer is not liable for any
amount in excess of the value of the client’s deposit.
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Loss and damage of materials: In the event that photographic
materials are damaged in processing, lost through camera malfunction,
lost in the mail, or otherwise lost or damaged, the photographer will
offer to re-shoot at no extra cost to the client, but shall have no
further liability for losses, including consequential losses incurred by
the client.
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Travel & Transport: It is agreed that the photographer is not liable
for any expenses, losses, damages or consequential damages and losses as
a result of delays or cancellations in travel or transport that prevent
him from getting to the agreed location. Parking at the studio is at drivers' own risk.
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Inherent Qualities: The client is aware that colour dyes in
photography may fade or discolour over time due to the inherent
qualities of dyes. The client releases the photographer from any
liability for any claims based upon inherent qualities.
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Releases: The client shall indemnify and hold harmless the
photographer against any and all claims, costs, and expenses, including
legal fees, due to uses for which no release was requested, uses which
exceed the uses allowed pursuant to a release, unauthorised uses, and
all other uses by the client. It is understood that the client obtains
any necessary releases, unless otherwise agreed, and that the release
also covers photographer’s usage as outlined above.
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Miscellaneous: This agreement incorporates the entire understanding
of the parties. Any modifications of this agreement must be in writing
and signed by both parties. Any waiver of a breach or default hereunder
shall not be deemed a waiver of a subsequent breach or default of either
the same provision or any other provision of this agreement. This
agreement shall be governed by the laws of the United Kingdom.
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