SymingtonPhotographics

Terms and Conditions 


DEFINITIONS. For the purposes of this agreement; 

The ‘Client’ is the party commissioning the ‘Photographer’ or purchasing a usage license. The ‘Client’ shall, where the context so admits, include their respective assignees, sub licenses and successors in title. ‘Imagery’ means all material furnished by the Photographer, whether electronic or physical i.e transparencies, negatives, or prints, still or moving image. The ‘Advertiser’ is the party on whose behalf the Client ∨ ‘Photographer’ is commissioning the Imagery or purchasing a usage license. ‘Product/Service’ is the particular product ∨ service that the Imagery will be used to promote/endorse. ‘Fees’ means Photographer’s Fees as set out in the Estimate and Invoice. ‘Expenses’ means any costs necessary to produce the images aside from Fees. ‘Estimate’ means any document prepared by the Photographer setting out the Fees and Expenses necessary to produce the shoot.‘Invoice’ means the document prepared by the Photographer invoicing the Fees and reconciled Expenses. ‘Usage License’ is the license granting specific reproduction rights to the Photographs and outlined in the Estimate. ‘Days’ referred to are working days and up to 9 hours. ‘Shoot Duration’ includes all shoot, travel, casting, recce, weather, or other preproduction days. ‘The Shoot’ is defined as the number of confirmed days whether the job is undertaken as a whole or in separate parts.

APPLICATION OF TERMS.

 These terms and conditions will prevail over any varying terms or conditions in Clients purchase order or other document supplied by the Client or Client’s third parties, or implied by law, trade custom or course of dealing.

COPYRIGHT AND OWNERSHIP OF MATERIALS. 

The entire copyright in the Imagery including ownership of all materials is retained by the Photographer at all times throughout the world. Fees are based on a Usage License specified on the Estimate. In the absence of such a license having been specified in writing , there is no usage granted whatsoever. Changes to the Usage License required must be negotiated with the Photographer. For the period specified the Usage License is granted exclusively, aside from Photographers self-promotional purposes. Where Imagery is stored electronically, it must be erased at the conclusion of the agreed usage period. A digital file including Imagery in context of use must be supplied upon request by the Photographer.

USAGE.

 The Usage License comes into effect from the date of full payment of the relevant invoice(s). The period of usage commences from ate of first use (or six months after shoot date, whichever is sooner). No use may be made of the Imagery 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 Client is put into receivership or liquidation. Where use is restricted in the Usage License, permission to use the Imagery for other purposes will normally be granted upon full payment of a further fee, to be agreed with the Photographer. If specified the Usage License only applies to the Product/Service of the Advertiser as stated on the Estimate and Invoice and it’s benefit shall not be assigned to any third party without the Photographer’s permission. Accordingly, even where any form of ‘All Media License’ is granted, the Photographer’s permission must be obtained before any use of Imagery for other purposes e.g. use in relation to another product or sub licensing through a photo library. Note: An agreement must be reached with the Photographer in writing before the Imagery is used for other purposes. All further Licenses in respect of the Photographs will be subject to these terms and conditions. Any estimate of usage fees to the Client are valid for a period of six months only from the estimate date for Photographer’s Fees and also subject to third party terms which may vary e.g. models. We reserve the right to renegotiate these fees after this period has expired. Any unauthorized use of the Imagery by the Client, beyond the usage constraints agreed with us, will be subject to further usage fees. The Photographer retains the right in all cases to use the Imagery at any time (unless an embargo is agreed with Client at time of confirming the job) for the purposes of promoting his/her work, this includes but is not limited to the Photographer’s printed portfolios, all online usage (including websites, blogs, social media by photographer plus external sites), awards and printed editorial in magazines and books. After the exclusivity period indicated in the Usage License, the Photographer shall be entitled to use and licensed others to use the Photographs for any purposes. Fees negotiated for any further uses licensed will not be conditional on the exercise of the further rights granted and will be payable when invoiced. Any usage extensions must be negotiated with the Photographer.

INDEMNITY. 

The Photographer shall only be responsible for obtaining clearance in respect of third-party copyright works, trademarks, designs or other intellectual property if this has been expressly agreed in writing before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims, and legal cost arising out of any failure to obtain such clearances.

PAYMENT. 

All figures provided are estimates and not a quotation, therefore allow 10 per cent contingency budget. All estimated costs are VAT exclusive. Expenses and production costs to be paid in advance of Shoot or on demand whichever is applicable. Terms of payment are immediate on invoices for expenses in advance and thirty days from date of all other invoices. All Fees for the use Imagery once agreed are payable irrespective of whether the usage is appropriated or not. We reserve the right to charge 2 per cent interest per month (or part thereof) on amounts overdue. Should there be more than a two-month delay until first shoot date from any initial preparation or preproduction, unless otherwise agreed, fees and expenses for such preproduction will be invoiced and payable. Should Client request receipts and invoices from shoot expenses a fee may be charged by third parties and/or Photographer in accordance with time spent meeting this request.

ESTIMATES.

 Estimates for Imagery provided by the Photographer at the Client’s request are based upon the information provided by Client for the purpose of providing the estimate. Changes to the specific requirements may result in changes to the estimate. The Client is responsible for checking the Estimate to ensure all requirements are included including but not limited to postproduction, hi-res files, usage licenses and technical specifications for Imagery.

CONTINGENCY EXPENSES. 

Where extra Expenses or time are incurred  by the Photographer or crew as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall be liable to pay such extra Expenses or Fees at an agreed rate in addition to that which has been estimated.

OVERTIME. 

A working day is up to 9 hours and any hours worked beyond this will incur overtime fees for Photographer and all third parties including crew and facilities.

ANTISOCIAL HOURS.

 A normal working day is 9 am until 6 pm and any time before or after these hours may be classed as antisocial hours. Photographer’s Fees after 6 pm but before 10 pm will be 1.5 times the Photographers agreed daily fee including usage. Photographer’s fees after 10 pm and up until 8 am will be charged twice the Photographers daily fee including usage. Third party fees will be as their terms impose.

REJECTION.

 If a party acting on behalf of the Client is not present during the Shoot, then the Photographers interpretation of the brief is deemed acceptable to the Client. Unless stated in writing on the day of the Shoot there is no right to reject on the basis of style or composition or any other reason not made clear from the onset for the purposes of the Estimate unless otherwise agreed in writing.

CANCELLATION/POSTPONEMENT/RESHOOT.

 If a confirmed Shoot is cancelled, postponed or it is necessary to reshoot for reasons outside the control of the Photographer (including but not limited to unsuitable weather/light), the following Fees plus Expenses in all cases are applicable: on Shoots of two days duration or less, cancelling within two days’ notice = 100 per cent of fees plus expenses incurred. Between three and six days’ notice =75 per cent fees plus expenses incurred. Seven days notice and over = 25 per cent plus expenses incurred. On Shoot in excess of two days duration, cancellation within the number of Shoot days or less = 100 per cent of fees plus expenses incurred, within twice the number of Shoot days = 75 per cent, in excess of twice the number of Shoot days 25 percent fees plus expenses incurred.

POST-PRODUCTION. 

Delivery of high – resolution retouched files may be subject to the availability of the Photographer unless previously arranged and sufficient notice given.RIGHT TO CREDIT. The Photographer must be credited on all editorial uses and in other cases if stated on the estimate. The Client and/or associated Third Parties may not use Public Media, including but not limited to Social Media, to defame, deface and/or vandalise  the Photographer and/or Advertiser including but not limited to any and all associated copyrighted material.

LIABILITY. 

Photographers’ liability in any case is limited to professional fees, which have been agreed. Photographer shall not be liable to Client for any loss of profit, loss of contracts, loss of business or revenue, loss of production or for any indirect, special, or consequential loss, damage, costs, expenses, or other claims that arise out of or in connection with the Shoot.

THIRD PARTIES.

 Bookings of all third party suppliers are subject to such terms and conditions as these parties may impose and acquisition requests are subject to availability. In such circumstance deemed acceptable the Photographer may instruct and enlist Third Parties to preform work in association to the ‘Imagery’. For example, the enlistment of external editors for high density work. Model fees estimated cover modelling time and usage of images above and beyond the usage. Photographer takes no liability for model fees incurred due to additional usage of images above and beyond the usage stated on final invoice. It is the Clients responsibility to contact model/model agents directly unless otherwise agreed.

CONFIDENTIALITY.  

It shall be the sole responsibility of the Client to arrange for the Photographer, Agent plus any third party involved to enter into any confidentiality agreement. The Photographer or LPA cannot be held liable for any breach on final Invoice. It is the Clients responsibility to arrange for the Photographer, Agent plus any third party involved to enter into any confidentiality agreement. The Photographer of LPA cannot be held liable for any breach of confidentiality by any third party.

APPLICABLE LAW.

 This agreement shall be governed by the laws of England & Wales and is subject to the exclusive jurisdiction of the English Courts, to whom all parties submit.

VARIATION. 

These Terms and Conditions shall not be varied except by agreement in writing 

ATTRIBUTION.

This Privacy Policy was adapted from Lisa Pritchard, et al. 2017.