PHOTOGRAPHY TERMS AND CONDITIONS
1. DEFINITIONS
(a) For the purpose of this agreement “the Agency” and “the Client”
shall where the context so admits include their respective assignees,
sub-licensees and successor 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 Client” shall be interpreted as references to the
Photographer’s Client.
(b) For the purpose of this agreement “The Photographer” will mean
the Author of the Photograph or Matt Short. And shall where the
context so admits include their respective assignees, sub-licensees and
successor in title.
(c) “Photographs” and “Works” means all photographic material
furnished by the Photographer, whether transparencies, negatives,
prints, digital files or any other type of physical or electronic material in
existence now or yet to be developed.
(d) All contracts verbal or written are only accepted on the basis that
the Terms and Conditions of the Photographer are the only ones
applicable.
(e) Other Terms and Conditions proffered by the Client are specifically
excluded unless agreed in writing beforehand by the Photographer.
(f) When a Client’s policy is not to rely on email confirmations,
hardcopy paperwork must be supplied, if none is provided, then the
email traffic will constitute a contract in law.
2. COPYRIGHT
(a) The Author retains the entire copyright in the Photographs and
Works at all times, throughout the World and (b) Where reproduction of
Works has taken place and settlement has not been made, the
Photographer will make such charges to the publisher of those images
as falls within the Copyright, Designs and Patents Act 1988.
3. OWNERSHIP OF MATERIALS
(a) Title to all Photographs remains the property of the Photographer.
(b) When the Licence to Use has expired the Photographs must be
destroyed including any archived digital files within 30 days.
(c) Title to any materials used in producing the Works is not transferred
to the Client upon payment of the invoice.
4. THE LICENCE TO USE
(a) The Licence to Use comes into effect from the date of payment of
the relevant invoice(s).
(b) No use may be made of the Photographs before payment in full of
the relevant invoice(s) without the Photographer’s express permission in
writing.
(c) Any permission that may be given for immediate 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.
(d) Where restricted in the Agreement, permission to use the
Photographs for other purposes will normally be granted upon
payment of a further fee to be mutually agreed. Note: A written
agreement must be reached with the Photographer before the
Photographs may be used for other purposes. Where uses of an image
are made which breach the licence to use further charges will be
made.
(e) Any reproduction rights granted are by way of licence only and no
partial or other assignment of copyright shall be implied.
(f) On the Client’s death or bankruptcy or (if the Client is a Company)
in the event of a Resolution, Petition or Order for winding-up being
made against it, or if a Receiver or an administration is appointed, any
licence granted shall immediately cease.
5. EXCLUSIVITY
(a) Unless agreed to in writing on the Licence to Use and the Invoice no
exclusivity is given or implied to The Agency and/or The Client.
(b) The Photographer retains the right in all cases to use or sell the
Photographs.
(c) Exclusivity will not be unreasonably withheld but only on written
agreement with the Photographer before work commences.
6. INDEMNITY
(a) It is the Client who must ensure that all necessary rights, model
releases, clearances or consents which may be required for
reproduction of people, places or items depicted within any Works are
obtained.
(b) The Photographer shall only be responsible for obtaining such
clearances if this has been expressly agreed in writing before the shoot.
(c) It is acknowledged that the Photographer gives no guarantee that
any such rights, releases or consents, are or will be obtained.
(d) In all other cases the Client shall indemnify the Photographer
against all expenses, damages, claims and legal costs arising out of
any failure to obtain such clearances.
(e) The Photographer will not be liable for any loss or damage, for any
consequential loss of profit or income however caused including
negligence by the Photographer, Matt Short their employees or agents
or otherwise, and it is the Client’s responsibility to insure against such
loss or damage.
7. PAYMENT
(a) Payment by the Client will be strictly within 30 days of the issue of
the relevant invoice for the commissioned work.
(b) Thereafter, further charges (see the table below) may be made for
any additional statement, letter or email issued for the recovery of the
outstanding debt including all other costs for the recovery of late
payments.
Amount Cost per invoice
Up to £1,000 £40
£1,000 to £10,000 £70
£10,000 + £100
(c) A further charge of 8% plus the Bank of England base rate is added
to the invoice on the first day following when settlement should have
been made. THE LATE PAYMENT OF COMMERCIAL DEBTS REGULATIONS
2013 will be enforced.
(d) Where a Client is a company and whether or not that company
has gone into liquidation the individual directors will be responsible for
all outstanding fees and costs in relation to the contract.
8. EXPENSES
(a) Where extra expenses or time are incurred by the Photographer as
a result of alterations to the original brief by the Client, or otherwise the
Client will be liable to such extra expenses or fees.
9. CANCELLATION, POSTPONEMENT & REJECTION
(a) A booking is considered firm as from the date of confirmation and
the Photographer will, at his discretion, charge a fee for cancellation or
postponement.
(b) Unless a rejection fee has been agreed in advance there is no right
to reject on the basis of style or composition.
10. RIGHT TO A CREDIT
(a) The Licence to Use requires any electronic format to be credited
with links to the Photographer’s website and social media channels.
(b) Photograph(s) in printed media require the Photographer’s name
‘Matt Short’ to be displayed in a reasonable proximity to all published
reproductions of the Photograph(s).
11. SUPPLY TO THIRD PARTIES
(a) The licence only applies to the Client and the Photograph(s) stated
on the Licence to Use.
12. ELECTRONIC STORAGE
(a) Manipulation of the image or use of only a portion of the image
may only take place with the written permission of the Photographer.
(b) Digital Data is stored by the Photographer on the understanding
that he is not responsible for the future integrity of that data, or of any
failure to retrieve data from the Photographer’s archive.
(c) During the duration of the licence it is the Clients responsibility for
the safe guarding of digital files. Any archive retrieval by the
photographer may incur a fee.
13. APPLICABLE LAW
(a) This agreement shall be governed by the Laws of England & Wales.
14. VARIATION
(a) These Terms and Conditions shall not be varied except by
agreement in writing.
1. DEFINITIONS
(a) For the purpose of this agreement “the Agency” and “the Client”
shall where the context so admits include their respective assignees,
sub-licensees and successor 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 Client” shall be interpreted as references to the
Photographer’s Client.
(b) For the purpose of this agreement “The Photographer” will mean
the Author of the Photograph or Matt Short. And shall where the
context so admits include their respective assignees, sub-licensees and
successor in title.
(c) “Photographs” and “Works” means all photographic material
furnished by the Photographer, whether transparencies, negatives,
prints, digital files or any other type of physical or electronic material in
existence now or yet to be developed.
(d) All contracts verbal or written are only accepted on the basis that
the Terms and Conditions of the Photographer are the only ones
applicable.
(e) Other Terms and Conditions proffered by the Client are specifically
excluded unless agreed in writing beforehand by the Photographer.
(f) When a Client’s policy is not to rely on email confirmations,
hardcopy paperwork must be supplied, if none is provided, then the
email traffic will constitute a contract in law.
2. COPYRIGHT
(a) The Author retains the entire copyright in the Photographs and
Works at all times, throughout the World and (b) Where reproduction of
Works has taken place and settlement has not been made, the
Photographer will make such charges to the publisher of those images
as falls within the Copyright, Designs and Patents Act 1988.
3. OWNERSHIP OF MATERIALS
(a) Title to all Photographs remains the property of the Photographer.
(b) When the Licence to Use has expired the Photographs must be
destroyed including any archived digital files within 30 days.
(c) Title to any materials used in producing the Works is not transferred
to the Client upon payment of the invoice.
4. THE LICENCE TO USE
(a) The Licence to Use comes into effect from the date of payment of
the relevant invoice(s).
(b) No use may be made of the Photographs before payment in full of
the relevant invoice(s) without the Photographer’s express permission in
writing.
(c) Any permission that may be given for immediate 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.
(d) Where restricted in the Agreement, permission to use the
Photographs for other purposes will normally be granted upon
payment of a further fee to be mutually agreed. Note: A written
agreement must be reached with the Photographer before the
Photographs may be used for other purposes. Where uses of an image
are made which breach the licence to use further charges will be
made.
(e) Any reproduction rights granted are by way of licence only and no
partial or other assignment of copyright shall be implied.
(f) On the Client’s death or bankruptcy or (if the Client is a Company)
in the event of a Resolution, Petition or Order for winding-up being
made against it, or if a Receiver or an administration is appointed, any
licence granted shall immediately cease.
5. EXCLUSIVITY
(a) Unless agreed to in writing on the Licence to Use and the Invoice no
exclusivity is given or implied to The Agency and/or The Client.
(b) The Photographer retains the right in all cases to use or sell the
Photographs.
(c) Exclusivity will not be unreasonably withheld but only on written
agreement with the Photographer before work commences.
6. INDEMNITY
(a) It is the Client who must ensure that all necessary rights, model
releases, clearances or consents which may be required for
reproduction of people, places or items depicted within any Works are
obtained.
(b) The Photographer shall only be responsible for obtaining such
clearances if this has been expressly agreed in writing before the shoot.
(c) It is acknowledged that the Photographer gives no guarantee that
any such rights, releases or consents, are or will be obtained.
(d) In all other cases the Client shall indemnify the Photographer
against all expenses, damages, claims and legal costs arising out of
any failure to obtain such clearances.
(e) The Photographer will not be liable for any loss or damage, for any
consequential loss of profit or income however caused including
negligence by the Photographer, Matt Short their employees or agents
or otherwise, and it is the Client’s responsibility to insure against such
loss or damage.
7. PAYMENT
(a) Payment by the Client will be strictly within 30 days of the issue of
the relevant invoice for the commissioned work.
(b) Thereafter, further charges (see the table below) may be made for
any additional statement, letter or email issued for the recovery of the
outstanding debt including all other costs for the recovery of late
payments.
Amount Cost per invoice
Up to £1,000 £40
£1,000 to £10,000 £70
£10,000 + £100
(c) A further charge of 8% plus the Bank of England base rate is added
to the invoice on the first day following when settlement should have
been made. THE LATE PAYMENT OF COMMERCIAL DEBTS REGULATIONS
2013 will be enforced.
(d) Where a Client is a company and whether or not that company
has gone into liquidation the individual directors will be responsible for
all outstanding fees and costs in relation to the contract.
8. EXPENSES
(a) Where extra expenses or time are incurred by the Photographer as
a result of alterations to the original brief by the Client, or otherwise the
Client will be liable to such extra expenses or fees.
9. CANCELLATION, POSTPONEMENT & REJECTION
(a) A booking is considered firm as from the date of confirmation and
the Photographer will, at his discretion, charge a fee for cancellation or
postponement.
(b) Unless a rejection fee has been agreed in advance there is no right
to reject on the basis of style or composition.
10. RIGHT TO A CREDIT
(a) The Licence to Use requires any electronic format to be credited
with links to the Photographer’s website and social media channels.
(b) Photograph(s) in printed media require the Photographer’s name
‘Matt Short’ to be displayed in a reasonable proximity to all published
reproductions of the Photograph(s).
11. SUPPLY TO THIRD PARTIES
(a) The licence only applies to the Client and the Photograph(s) stated
on the Licence to Use.
12. ELECTRONIC STORAGE
(a) Manipulation of the image or use of only a portion of the image
may only take place with the written permission of the Photographer.
(b) Digital Data is stored by the Photographer on the understanding
that he is not responsible for the future integrity of that data, or of any
failure to retrieve data from the Photographer’s archive.
(c) During the duration of the licence it is the Clients responsibility for
the safe guarding of digital files. Any archive retrieval by the
photographer may incur a fee.
13. APPLICABLE LAW
(a) This agreement shall be governed by the Laws of England & Wales.
14. VARIATION
(a) These Terms and Conditions shall not be varied except by
agreement in writing.