TERMS AND CONDITIONS
1. Definitions
2. For the purposes of this agreement, “The Photographer” is Joe Wilson or a subcontractor as provided from time to time and “The Client” is defined as anyone purchasing photography services from the photographer. ‘Agreed hourly rate’ outside of fixed fee quotes is £100 per hour.
3. Copyright and Ownership of Materials
4. Any Images’ entire copyright, title, and intellectual property rights will remain that of The Photographer at all times in all countries and regions.
5. Right to a Credit
6. The Photographer asserts both his moral right to be identified as the author of his work and the right to credit (where possible) is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. Please credit ‘Wilson Photography’.
7. Use
8. The Photographer grants a perpetual licence for personal use of the images. The Client can contact the photographer to seek permission for professional use.
You must credit Joe Wilson (Wilson Photography) if used online or professionally.
9. Manipulation of the images or use of only a portion of the image may only take place with the permission of the Photographer.
10. Exclusivity
11. The usage rights granted are personal to The Client and may not be assigned, nor may any image submitted to The Client be loaned or transferred to third parties (save for the purpose of the work by the client of such reproduction/usage rights/PR).
12. The Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by The Client.
13. The Photographer retains the right in all cases to use the Images covered by this agreement at any time and in any part of the world to advertise or promote his work.
14. Client confidentiality
15. The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him, save as to be reasonably necessary to enable the Photographer to carry out his obligations in relation to the work.
16. Booking
17. The Client will agree on a booking. The Photographer will send an email or a written message as confirmation. The booking will then be considered Confirmed.
18. Once the Client has made a booking for a specific time and date and The Photographer has confirmed this date/time, The Photographer will not accept any other work from other clients for that time and date.
19. Cancellation or Postponement by the Client
20. When a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule:
(i) When a client cancels photography within less than 7 business days of any confirmed date, a fee of 20% of the booked time rate will be charged.
(ii) When a client cancels photography within less than 24 hours of any confirmed date/time, a fee of 50% of the booked time rate will be charged.
(iii) The full fee will be charged When a client cancels photography within less than 12 hours of the confirmed date/time.
21. When a booking is confirmed, if it is subsequently postponed, The Photographer will, at his discretion, charge a fee for postponement.
22. In addition, The Client may be charged for any expenses incurred by The Photographer as a result of cancellation or postponement.
23. Cancellation by the Photographer
24. The Photographer will endeavour to put The Client in touch with another photographer if The Photographer cannot attend on the booked date due to any cause beyond their reasonable control, e.g., sudden illness, injury, victim of crime, flooding, etc. In the event of such cancellation by The Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid to The Photographer by The Client at that time.
25. Rejection
26. Unless a rejection fee is agreed in advance, there is no right to reject the Images on the basis of style or composition.
27. Charges and Timings
28. If The Photographer provides a quote to The Client, the fee will be charged at that agreed rate. The Photographer generally requests a brief at the time of booking (via email or verbally).
29. Where extra expenses or time are incurred or needed by The Photographer as a result of alterations to the original brief by The Client or otherwise at their request, The Photographer will reserve the right to charge The Client extra expenses and fees.
30. If The Client changes the length of the job, the fee will increase as per the agreed hourly rate. If The Client is delayed or running late and the job runs into extra time again, the fee will increase as per the agreed hourly rate. The Photographer will make the Client aware of timings, and should the work run into extra time, he will make the client aware of this and the associated costs. There is a mutual understanding between The Client and The Photographer that punctuality is important and respected by all parties.
31. If it becomes apparent when the job starts that it is a much bigger or different job than the agreed brief, it will be clear to The Client that The Photographer’s fee may increase. If The Photographer is unable to contact the client/payer of the invoice at that time, work will stop until contact has been made.
32. On the occasion that The Client gives incorrect information regarding a booking (wrong location, wrong time, etc.) or The Client fails to arrive at the agreed location/time, the full fee will be charged to The Client.
33. If, on arrival at a booked job, there is an issue (outside of The Client or Photographer’s control), such as bad lighting or restrictions in the use of where the shoot is taking place, a fee may be charged to cover time.
34. Quoted fees include mileage up to 40 miles round trip. Additional mileage will be charged at 45 pence per mile thereafter.
35. Any congestion charges, road toll charges and parking costs will be billed to the client as a Photographer expense and will be added to the invoice.
36. Payment Terms and Payment
37. Payment terms are upfront if not agreed otherwise; IF credit is agreed, the terms are strictly 30 days from the date of the relevant invoice (“the Due Date”) unless agreed otherwise in writing.
38. The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment Of Commercial Debts (Interest) Act 1998 from the due date until the date payment is made.
39. If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if it is less than 28 days from the issue date, and The Photographer may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
40. Payment by BACS is preferred, and bank details will be provided on the invoice.
41. Liability and Indemnity
42. It is The Client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction are obtained, and it is acknowledged that The Photographer gives no warranty or undertaking that any such rights, model releases or consents have been or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture. In the event that the Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases, or consents, then the Client shall indemnify The Photographer against all expenses, damages, claims, or legal costs arising out of any such failure.
43. Archiving of Images
44. The Photographer will store and archive all final images for 1 year. If archived photographs are required after that time or additional storage time is required, an admin fee may be charged.
45. Applicable Law
46. This agreement shall be governed by the laws of England and Wales.
47. Variation
48. No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.