Terms and Conditions

  1. DEFINITIONS
    For the purpose of this agreement “the Agency” and “the Advertiser” 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 Photographer’s client. “Photographs” means all
    photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other
    type of physical or electronic material.
  2. COPYRIGHT
    The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
  3. OWNERSHIP OF MATERIALS
    Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has
    expired the Photographs must be returned to the Photographer in good condition within 30 days.
  4. USE
    The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made
    of the Photographs 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 Agency is put into receivership or liquidation. The Licence only applies to the
    advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party
    without the Photographer’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, the
    photographer’s permission must be obtained before any use of the Photographs for other purposes eg use in
    relation to another product or sublicensing through a photolibrary. 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.
  5. EXCLUSIVITY
    The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons
    including the Photographer. 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. After the exclusivity period indicated in the Licence to Use 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.
  7. INDEMNITY
    The Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and
    legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was
    responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The
    Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before
    the shoot. In all other cases the Agency 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.
  8. PAYMENT
    Payment by the Agency 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.
  9. EXPENSES
    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 Photographer’s normal rate to the Photographer in addition to the
  10. expenses shown overleaf as having been agreed or estimated.
  11. REJECTION
    Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or
    composition.
  12. 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.
  13. RIGHT TO A CREDIT
    If the box on the estimate and the licence marked “Right to a Credit” has been ticked the Photographer’s name
    will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the
    box overleaf 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.
  14. ELECTRONIC STORAGE
    Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of
    electronic medium without the written permission of the Photographer. Manipulation of the image or use of only
    a portion of the image may only take place with the permission of the Photographer.
  15. APPLICABLE LAW
    This agreement shall be governed by the laws of England & Wales
  16. VARIATION
    These Terms and Conditions shall not be varied except by agreement in writing.
    NOTE : For more information on the commissioning of photography refer to Beyond the Lens produced by the
    AOP.