Terms and Conditions
Pembrokeshire Photography TERMS AND CONDITIONS
Applied to the commissioning and reproduction of photography and photographic images.
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 Pembrokeshire Photography'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 Pembrokeshire Photography’s client. "Photographs" means all photographic material furnished by Pembrokeshire Photography, whether transparencies, negatives, prints or any other type of physical or electronic material.
In accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988 the entire copyright in the photographs is retained by Pembrokeshire Photography at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all photographs remains the property of the Pembrokeshire Photography. When the Licence to Use the material has expired, the photographs or any physical material must be returned to Pembrokeshire Photography in good condition within 30 days.
The Licence to Use will be stated on the invoice referring to the commission and 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 Pembrokeshire Photography’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 Licence only applies to the first party or commissioning agency and its benefit shall not be assigned to any third party without Pembrokeshire Photography’s permission. Accordingly, even where any form of 'all media' Licence is granted, Pembrokeshire Photography'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 Licence 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 Licences in respect of the photographs will be subject to these terms and conditions. Material supplied for immediate press release (when requested and agreed by Pembrokeshire Photography) will be granted a restricted licence with immediate effect.
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including Pembrokeshire Photography. However, Pembrokeshire Photography 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 Pembrokeshire Photography‘s work. After the exclusivity period indicated in the Licence to Use as stated on the invoice Pembrokeshire Photography shall be entitled to use the photographs for any purposes.
6. CLIENT CONFIDENTIALITY
Pembrokeshire Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to Pembrokeshire Photography in confidence for the purposes of the photography, save as may be reasonably necessary to enable Pembrokeshire Photography to carry out the obligations in relation to the commission.
It is the Agency or Advertiser who must satisfy themselves that all necessary rights, modelreleases or consents which may be required for reproduction, are obtained and it is acknowledged that Pembrokeshire Photography gives no warranty or undertaking for any such rights. Model releases or consents must be obtained by the Agency and Advertiser 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 picture issued or reproduced by or with the authority of the Agency and Advertiser then the Agency and Advertiser shall indemnify Pembrokeshire Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained. The Agency shall be responsible for obtaining all clearances and will indemnify Pembrokeshire Photography against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Payment by the Agency 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 Pembrokeshire Photography 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.
Where extra expenses or time are incurred by Pembrokeshire Photography 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 Pembrokeshire Photography’s normal rate to Pembrokeshire Photography in addition to the expenses having been agreed or estimated.
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 Pembrokeshire Photography will, at their discretion, charge a fee for cancellation or postponement.
12. RIGHT TO A CREDIT
Pembrokeshire Photography has a "Right to a Credit" and should be printed on or in reasonable proximity to all published reproductions of the photograph(s). By commissioning Pembrokeshire Photography they also asserts their 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 Pembrokeshire Photography. Manipulation of the image or use of only a portion of the image may only take place with the permission of Pembrokeshire Photography.
14. APPLICABLE LAW
This agreement shall be governed by the laws of United Kingdom
These Terms and Conditions shall not be varied except by agreement in writing.