The Packaged Shoot (See here for explanation)
Our general Terms and Conditions are very close to those agreed by the Association of Photographers and representatives of their client base, predominately in the advertising industry. Because the terminology and concepts are unfamiliar to those who do not often contract photography services, Light Touch has a separate set of Terms and Conditions set out below that apply instead of these for Packaged Shoot arrangements.
For the purpose of this agreement:
'the Client’ is the person contracting with the Photographer to provide services;
‘the Photographer’ is Scott Hortop (trading as 'Light Touch'):
‘Photographs’ means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material
‘the Package’ is the separate document as supplemented by email or other written communications that outlines the services to be provided by the photographer.
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
Notwithstanding copyright, the Client may use the Photographs supplied for the uses as set out in the Package from the date of payment of the relevant invoice(s). No use may be made of the Photographs or any proofs thereof before payment in full of the relevant invoice(s) without the Photographer’s express permission. Any permission which 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.
Where use is restricted in the Package, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee, to be mutually agreed.
Note: An agreement must be reached with the Photographer before the Photographs may be used for other purposes.
Within the terms of the Package, the Client is authorised to publish the Photographs to the exclusion of all other persons. 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.
In the event of there being a specified exclusivity period indicated in the Licence to Use, on its expiry, the Photographer shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
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/her obligations in relation to the commission.
While the Photographer takes all reasonable care in the performance of this agreement generally, he/she shall not be liable for any loss or damage suffered by the Client or by any third party arising from unauthorised use or reproduction of any Photograph.
The Client agrees to indemnify the photographer in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by the Photographer.
It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction are obtained 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 whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any image. In the event that the image is issued or reproduced by or with the authority of the Client then the Client shall indemnify the photographer against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained
(a) Payment terms are strictly 30 days from date of invoice by crossed cheque made payable to "Scott Hortop" or by automated credit transfer (BACS). BACS details will be supplied with our invoice. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment using BACS and to advise the Photographer of the transfer when made.
(b) If payment is not made in accordance with (a) above then the photographer may rescind this Agreement and recover damages, or, at their option, may exercise their statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
(c) A fee of £17.50 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence, e-mail or phone calls involved with the pursuing of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
(d) The photographer reserves the right to suspend ongoing services, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
(e) In the absence of full payment within 90 days of the shoot all rights to exclusivity are lost and the Photographer shall be entitled to market the Photographs to third parties in whichever way he sees fit.
Where extra expenses or time are incurred by the Photographer as a result of alterations to the Package by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees to the Photographer in addition to the expenses shown as having been agreed or estimated.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement which in the event of the cancellation or postponement ocurring within one week of the shoot can be as much as the deposit outlined in the Package.
In the unlikely event of the Photographer being unable to attend through illness or of a loss of images through some other unusual eventuality then there is no expectation of a substitute photographer being arranged and no value placed on the lost images. Any amounts paid will be refunded or the shoot rearranged for a new date.
12. RIGHT TO A CREDIT
The Photographer also asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
13. SUPPLY TO THIRD PARTIES
The licence to use the Photographs only applies to the client in the Package.
14. RETENTION OF MATERIAL
The Photographs shall normally be provided to the Client in electronic form. It is the responsibility of the client to backup and retain the Photographs supplied. Although the original files may be retained in archives by the Photographer, after the Photographs have been supplied in accordance with the Package, the Client should place no reliance on that retention. In the event of a further supply of Photographs being required then an Removal from Archives fee and a separate email supply fee or CD/DVD burning fee shall be payable. Should the images need to be reprocessed then a Processing Fee shall be payable as set out in the Package.
15. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales.
These Terms and Conditions shall not be varied except by agreement in writing.