Terms and Conditions - commercial photography
- A non-refundable booking fee of £300 is charged when the client agrees this contract, this fee is deducted (in full) from the total price. The booking fee secures the time and services of the photographic team/studio and is non-refundable or transferable in the event of cancellation.
- A booking form must be completed and signed by both the agent (client) and photographer (Woodrow Studios).
Woodrow Studios shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect.
The ownership and copyright of the photograph remains with Woodrow Studios.
- Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright, Designs and Patents Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing.
The photographer has the artistic right to compose, select and edit the images as he sees fit. The client does not have the right to demand to see or own specific images which they feel were taken but which they have not been provided with.
- Unless a rejection fee has been agreed in advance, as long as the agreed brief and shoot plan have been met by the photographer, there is no right to reject on the basis of style or composition.
The photographer will not refund, nor accept the return of/refusal to pay charges for, any technically-acceptable photograph supplied either in print or in electronic format. The photographer cannot be held responsible for individual tastes or exceptions.
DELIVERY OF IMAGES
Images are delivered (usually digitally) within 2 weeks (14 days) of the shoot date.
An express delivery service for images can be provided at an additional fee of £25.00 per image .
- Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice unless stated otherwise on the same. 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.
- Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the 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 photographers normal rate to the photographer in addition to the expenses shown overleaf as having been agreed or estimated.
LICENSE TO USE
- The Licence to Use comes into effect from the date of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the photographers 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 Agency is put into receivership or liquidation.
- The Licence only applies to the advertiser and product as stated on the front of the estimate/quotation and its benefit shall not be assigned to any third party without the Photographers permission. Accordingly, even where any form of ‘all media’ Licence is granted, the photographers permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or Sublicensing through a photo library. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.
- The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
- The photographer will aim to keep these photographs safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than Woodrow Studios employees.
- 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 Client agrees to indemnify Woodrow Studios in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Woodrow Studios;
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 Woodrow Studios 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 picture. In the event that the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify Woodrow Studios against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
- This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England;
- No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
- Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts
RIGHT TO A CREDIT
- If agreed on booking the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his 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.