DEFINITIONS
This page states the terms and conditions under which Image Works (London) Ltd. hereafter referred to as Image Works or the Photographer, provides photographic services to its clients.
For the purpose of this document “the client” shall, where the context so admits, include their respective assignees, sub- licensees and successors in title. In cases where the Photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to the client.
Photographs means all photographic material furnished by Image Works, whether transparencies, negatives, prints or any other type of physical or electronic material, including digital files.
This page states the terms and conditions under which Image Works (London) Ltd. hereafter referred to as Image Works or the Photographer, provides photographic services to its clients.
For the purpose of this document “the client” shall, where the context so admits, include their respective assignees, sub- licensees and successors in title. In cases where the Photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to the client.
Photographs means all photographic material furnished by Image Works, whether transparencies, negatives, prints or any other type of physical or electronic material, including digital files.
COPYRIGHT
All photographs originated by Image Works always remain the intellectual property of Image Works. The entire copyright in the photographs is retained by Image Works at all times throughout the world.
All photographs originated by Image Works always remain the intellectual property of Image Works. The entire copyright in the photographs is retained by Image Works at all times throughout the world.
USE
It is standard practice amongst photographers to grant job specific licences that detail where and for how long photographs may be used by the client. Image Works does not deem it practical to adopt this policy, therefore the use and restrictions applied to all photographs originated and supplied by Image Works are as follows:
a/ The client may use the photographs for their own marketing, display or advertising uses world-wide and indefinitely. If the client is an agency providing marketing services to third parties, this permission is extended to include the agency’s clients.
b/ Photographs may not be lent or given to any third parties without written consent from Image Works. Permission to do so will normally be granted upon payment of a further fee. Normally 50% of the original job fee.
c/ Photographs may not under any circumstances be sold or licenced for a fee of any kind, by the client, to a third party. To do so constitutes a breech of copyright as referred to in the copyright section above.
d/ No use may be made of the photographs before payment in full of the relevant invoice(s) without the express permission of Image Works. 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.
It is standard practice amongst photographers to grant job specific licences that detail where and for how long photographs may be used by the client. Image Works does not deem it practical to adopt this policy, therefore the use and restrictions applied to all photographs originated and supplied by Image Works are as follows:
a/ The client may use the photographs for their own marketing, display or advertising uses world-wide and indefinitely. If the client is an agency providing marketing services to third parties, this permission is extended to include the agency’s clients.
b/ Photographs may not be lent or given to any third parties without written consent from Image Works. Permission to do so will normally be granted upon payment of a further fee. Normally 50% of the original job fee.
c/ Photographs may not under any circumstances be sold or licenced for a fee of any kind, by the client, to a third party. To do so constitutes a breech of copyright as referred to in the copyright section above.
d/ No use may be made of the photographs before payment in full of the relevant invoice(s) without the express permission of Image Works. 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.
CLIENT CONFIDENTIALITY
Image Works 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.
Image Works 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.
INDEMNITY
Image Works shall only be responsible for obtaining clearances in respect of third party copyright works, trade marks, designs or other intellectual property if this has been expressly agreed 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 costs arising out of any failure to obtain such clearances.
Image Works shall only be responsible for obtaining clearances in respect of third party copyright works, trade marks, designs or other intellectual property if this has been expressly agreed 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 costs arising out of any failure to obtain such clearances.
PAYMENT
Payment by the client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. 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.
Payment by the client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. 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.
EXPENSES
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the client, or otherwise at their request, the client shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate.
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the client, or otherwise at their request, the client shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate.
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.
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.
APPLICABLE LAW
& VARIATION
This agreement shall be governed by the laws of England & Wales. These Terms and Conditions shall not be varied except by agreement in writing.
This agreement shall be governed by the laws of England & Wales. These Terms and Conditions shall not be varied except by agreement in writing.