TERMS & CONDITIONS
1) DEFINITIONS
“Photographer’s Fees” means the creative fee, attendance fee, production fee (where applicable) and agreed licence fee set out in the Estimate, excluding VAT and third-party costs.
“Expenses” means all non-recoverable costs, commitments and expenses incurred by or on behalf of the Photographer in connection with the shoot, including but not limited to travel, accommodation, equipment hire, assistants, digital operators, stylists, hair & make-up artists, location fees, permits, couriers, catering, freight and any other third-party supplier costs.
“The Client” is the party commissioning the photographer. For the purposes of this agreement the “client” shall, where the context so admits, include their respective assignees, sub licensees and successors in title. “Photograph/s” “Moving Image” means all material furnished by the Director/Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
2) COPYRIGHT AND OWNERSHIP OF MATERIALS
The entire copyright in the Photograph/s, including ownership of all materials, is retained by the Photographer at all times throughout the world. Photography Fees are based on a License to Use the photograph/s within the constraints specified on the estimate. In the absence of such license having been specified in writing by us, there is no usage granted whatsoever. Copyright is at all times retained by the photographer. Any changes to the usage rights required must be negotiated with the photographer. For the period specified The License is granted exclusively. This period commences upon first use of the photograph/s. Where Photographs are stored electronically, they must be erased at the conclusion of the agreed usage period. The photographer may require return, in good condition, of photographic material supplied at the end of the License period. A high-resolution digital file including photography in context of use – e.g. advertisement – or a hard copy of printed material incorporating photography must be supplied upon request to the Photographer.
3) USE
The Licence to Use (normally the invoice) comes into effect from the date of full payment of the relevant invoice(s). The period of usage commences from date of first use (or 6 months after shoot date, whichever is sooner). No use may be made of the Photograph/s before payment in full of the relevant invoices(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 Client is put into receivership or liquidation. Where use is restricted in the License to Use, permission to use the Photograph/s for other purposes will normally be granted upon full payment of a further fee, to be agreed with photographer. The Licence to Use only applies to the advertiser and products as stated on the invoice 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 Photograph/s for other purposes e.g. use in relation to another product or sub licensing through a photolibrary. Note: An agreement must be reached with the Photographer before the Photograph/s may be used for other purposes. All further Licences in respect of the Photographs will be subject to these terms and conditions. Any estimates of usage fees to the client are valid for a period of one month only from the estimate date. The photographer reserves the right to renegotiate these fees after this period has expired. Any unauthorised use of the Photograph/s by the Client, beyond the usage constraints agreed with photographer, will be subject to, at a minimum further usage fees as per current Association of Photographers Ltd. guidelines’ maximum rates, irrespective of whether or not a valid estimate for usage exists in respect of this image. The Photographer retains the right in all cases to use the Photographs at any time (unless an embargo is agreed with Client) for the purposes of promoting his/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use and license others to use the Photographs for any purposes. Fees negotiated for any further uses licensed will not be conditional on the exercise of the further rights granted and will be payable when invoiced. Any usage extensions must be negotiated with the photographer.
4) INDEMNITY
The Director/Photographer shall only be responsible for obtaining clearance in respect of third party copyright works, trademarks, designs or other intellectual property if this has been expressly agreed in writing 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.
5) PAYMENT
All figures provided are estimates and not a quotation, therefore allow 20% contingency budget on all estimates. All estimated costs are VAT exclusive. Photographic expenses and production costs to be paid in advance of the shoot or on demand whichever is applicable. Terms of payment are immediate on pro- forma invoices and 30 days from date of all other invoices. All fees for the right to use Photography once agreed are payable irrespective of whether the usage is appropriated or not. The Director/Photographer reserves the right to charge 2% interest per month (or part thereof) on amounts overdue.
6) CONTINGENCY EXPENSES
Where extra expenses or time are incurred by the Director/ Photographer as a result of alterations to the original brief by the Client, or otherwise at their request,The Client shall be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.
7) REJECTION
If the client is not present during the shoot then the photographers interpretation of the brief is deemed acceptable to Client. Unless stated in writing on the day of the shoot, there is no right to reject on the basis of style or composition unless otherwise agreed.
8) CANCELLATION & POSTPONEMENT
Following the Client’s written acceptance of the Estimate, the Photographer shall reserve the agreed shoot dates exclusively for the Client. In the event that a confirmed shoot is cancelled or postponed for any reason beyond the Photographer’s reasonable control (including, without limitation, unsuitable weather or light), the following charges shall apply.
Cancellation
Shoots of two (2) days’ duration or less:
- Cancellation within 24 hours of the agreed shoot date shall be charged at 100% of the Photographer’s & crew’s Fees, plus all Expenses.
- Cancellation between 24 hours and three (3) calendar days before the agreed shoot date shall be charged at 75% of the Photographer’s & crew’s Fees, plus all Expenses.
- Cancellation more than three (3) calendar days before the agreed shoot date shall incur 50% of the crew’s Fees, plus all Expenses incurred up to the date of cancellation.
Shoots exceeding two (2) consecutive days:
- Cancellation more than 14 calendar days before the agreed shoot date shall be charged at 50% of the Photographer’s & crew’s Fees, plus all Expenses.
- Cancellation between 14 calendar days and 72 hours before the agreed shoot date shall be charged at 75% of the Photographer’s & crew’s Fees, plus all Expenses.
- Cancellation within 72 hours of the agreed shoot date shall be charged at 100% of the Photographer’s & crew’s Fees, plus all Expenses.
Postponement
- A request to postpone a confirmed shoot made more than 48 hours before the agreed shoot date shall incur a postponement fee equal to 50% of the Photographer’s & crew’s Fees, together with all non-recoverable Expenses.
- A request to postpone a confirmed shoot made within 48 hours of the agreed shoot date shall be deemed a cancellation and charged at 75% of the Photographer’s & crew’s Fees, together with all Expenses.
- Any postponed shoot shall be rescheduled subject to the Photographer’s availability. Acceptance of a new shoot date shall not constitute a waiver of any postponement charges payable under this clause.
9) RIGHT TO CREDIT
The photographer must be credited on all editorial uses and in other cases if
stated on the estimate.
10) PHOTOGRAPHERS LIABILITY
Photographer’s liability in any case is limited to professional fees, which have been agreed.
11) THIRD PARTIES
Model fees estimated cover modelling time only unless otherwise stated. Bookings of third party suppliers, including models, are subject to such terms and conditions as these parties may impose- available on request.
12) APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales and are subject to the exclusive jurisdiction of the English Courts, to whom all parties submit.
13) VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.
UK Licence Clause – Restriction on AI and Data Mining
Artificial Intelligence & Data Mining Restriction
The Client acknowledges that copyright in all photographs remains with the Photographer under the Copyright, Designs and Patents Act 1988.
The Client is granted a limited licence to use the images solely for the purposes agreed in this contract. The Client must not, and must not permit any third party to:
Use the images (in whole or in part) for training, testing, developing, or refining artificial intelligence (AI) or machine learning systems.
Upload, distribute, or submit the images to any platform, service, or database designed or likely to be used for AI training or text and data mining.
Circumvent or remove any metadata, copyright notices, or disclaimers stating that the images are not licensed for AI or text and data mining purposes.
For the avoidance of doubt, this clause expressly excludes the application of the text and data mining exception under Section 29A CDPA 1988, as permitted by law.
Any breach of this clause shall constitute both a breach of contract and an infringement of copyright, entitling the Photographer to seek damages, injunctive relief, and any other remedies available under UK law.