Terms & Conditions

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 XYZ Studio’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 XYZ Studio’s client. "Photographs" means all photographic material furnished by XYZ Studios, 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 XYZ Studios at all times throughout the world unless otherwise stated in “ Other Comments” to which then the client owns Part/Full copyright ownership.

3.             OWNERSHIP OF MATERIALS

Title to all Photographs remains the property of XYZ Studios When the License to Use the material has expired the Photographs must be returned to the Photographer in good condition within 14 days.

4.             USE

The License 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 XYZ Studio'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 License 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 XYZ Studio's permission. Accordingly, even where any form of 'all media' License is granted, XYZ Studio's 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 License 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 Licenses in respect of the Photographs will be subject to these terms and conditions.

5.             EXCLUSIVITY

The Agency and Advertiser will be authorized to publish the Photographs to the exclusion of all other persons including XYZ Studios. However, XYZ Studios 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 License to Use XYZ Studios shall be entitled to use the Photographs for any purposes.

6.             CLIENT CONFIDENTIALITY

XYZ Studios 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 XYZ Studios to carry out his/her obligations in relation to the commission.

7.             INDEMNITY

XYZ Studios agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by XYZ Studios to obtain any clearances for which he/she was responsible in respect of third party copyright works, trademarks, designs or other intellectual property. XYZ Studios 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 XYZ Studios 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 3 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 14 days XYZ Studios 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 XYZ Studios 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 XYZ Studio’s normal rate to XYZ Studios in addition to the expenses shown overleaf as having been agreed or estimated.

10.           REJECTION

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 XYZ Studios will, at his/her discretion, charge a fee for cancellation or postponement.

12.           RIGHT TO A CREDIT

If the box on the estimate and the license marked "Right to a Credit" has been ticked XYZ Studio’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf XYZ Studios 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.             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 XYZ Studios.   Manipulation of the image or use of only a portion of the image may only take place with the permission of XYZ Studios.

14.           APPLICABLE LAW

This agreement shall be governed by the laws of England & Wales.

15.           VARIATION

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