TERMS AND CONDITIONS
TERMS AND CONDITIONS
(a) "Photographs" means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
(b) “the Photographer” (otherwise known as Tom Chambers) is the Author of the photograph or the Photographer.
(c) 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”.
(d) “the Client” is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
(e) 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
(f) Tom Chambers Photography administers the licensing of the works of the Photographer, Tom Chambers.
(a) The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
(b) Tom Chambers asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
3. OWNERSHIP OF MATERIALS
(a) Title to all Photographs remains the property of the Photographer.
(b) When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition and a written undertaking that all digital files have been destroyed, within 30 days. The Photographer reserves the right to make an additional charge for continied use after this period.
(a) 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.
(b) 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.
(c) The Licence only applies to the Client as stated on the Licence to Use 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 e.g. use in relation to another product or sublicensing through a photolibrary.
(d) 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.
(e) Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.
(a) 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.
(b) 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
(a) 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.
(a) While Tom Chambers Photography takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage howsoever suffered or incurred (whether incidental consequential or otherwise) by the Client or by any third party arising from use or reproduction of any image(s) or its/their caption(s).
(b) The Client agrees to indemnify Tom Chambers Photography 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 Tom Chambers Photography.
(c) 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 Tom Chambers Photography 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.
(d) In the event that the picture issued or reproduced by or with the authority of the Client falls short in any way in these respects, then the Client shall indemnify Tom Chambers Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
(a) 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.
(b) Payment must be made by BACS to the bank details issued on the invoice.
(a) 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 expenses shown as having been agreed or estimated.
(a) 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) 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.
12. RIGHT TO A CREDIT
(a) 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).
13. ELECTRONIC STORAGE
(a) 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.
14. APPLICABLE LAW
(a) This agreement shall be governed by the laws of Scotland
(a) These Terms and Conditions shall not be varied except by agreement in writing.