These terms and conditions shall be effective in relation to all dealings with Mark Ashbee Photographer. This agreement is governed by the laws of England and Wales and is not to be varied except in agreement in writing.
01. DEFINITIONS 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 Mark Ashbee 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 Mark Ashbee Photographer’s client. “Photographs” means all photographic material furnished by Mark Ashbee Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
02. COPYRIGHT The entire copyright in the Photographs is retained by Mark Ashbee Photographer at all times throughout the world.
03. OWNERSHIP OF MATERIALS Title to all Photographs remains the property of the Mark Ashbee Photographer. When the Licence to Use the material has expired the Photographs must be returned to Mark Ashbee Photographer in good condition within 30 days and all usages stopped and digital files deleted.
04. USE 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 Mark Ashbee 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 Agency is put into receivership or liquidation. The Licence only applies to the advertiser and product as stated on the licence and its benefit shall not be assigned to any third party without the Mark Ashbee Photographer’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, Mark Ashbee Photographer’s permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sublicensing through a photolibrary or any third party use. Permission to use the Photographs for purposes outside the terms of the Licence (third party) 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.
USE ON COVER If a cover shot is taken out of a session, which was not a specific cover shoot, Mark Ashbee Photographer, will be entitled to a further usage fee.
05. EXCLUSIVITY The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including Mark Ashbee Photographer. However, Mark Ashbee 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 work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
06. CLIENT CONFIDENTIALITY Mark Ashbee Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography, save as may be reasonably necessary to enable Mark Ashbee Photographer to carry out his obligations in relation to the commission.
07. INDEMNITY Mark Ashbee Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by Mark Ashbee Photographer to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. Mark Ashbee Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify Mark Ashbee Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
08. PAYMENT 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 Mark Ashbee Photographer reserves the right to charge interest (Late Payment of Commercial Debt (Interest) Act 1998) at 2% over bank rate from the date payment was due until the date payment is made. Failure to pay revokes any permission or agreed licence, see 04 above. NON ACCOUNT HOLDERS A deposit before commencement of photography may be required. Payment is required in full upon completion of photography prior to final post-production of selected images.
09. THE DAY A normal day consists of up to 8 hours, including a lunch break, between the hours of 8am and 7pm. On days, which overrun Mark Ashbee Photographer, reserves the right to charge a further fee.
10. EXPENSES Where extra expenses or time are incurred by Mark Ashbee 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 for such extra expenses or fees at Mark Ashbee Photographer ‘s normal rate to the Photographer in addition to the expenses as having been agreed or estimated.
11. INSURANCE Clients should insure all properties entrusted to Mark Ashbee Photographer against all risks.
12. REJECTION Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
13. CANCELLATION & POSTPONEMENT A booking is considered firm as from the date of confirmation and accordingly Mark Ashbee Photographer will, at his discretion, charge a fee for cancellation or postponement. NOTE Any cancellation fee payable may include, additionally, any cancellation charges payable by Mark Ashbee Photographer in respect of model fees, stylist fees, set build fees etc.
14. RIGHT TO A CREDIT Mark Ashbee Photographer asserts his statutory right to a credit and 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. ‘Mark Ashbee’ or ‘Mark Ashbee Photographer’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). This includes any Marketing by the client and 3rd parties.
15. ELECTRONIC STORAGE Electronic storage/archival by the Client, Agency or Advertisor is not permitted unless agreed in writing within the terms of the Licence.
16. DIGITAL ARCHIVAL Mark Ashbee photographer accepts no responsability whatsoever for long term archival of digital images unless otherwise agreed in writing. However images will be retained for as long as possible while they remain retrievable.
17. IMAGE MANIPULATION Manipulation of the image or use of only a portion of the image may only take place with the permission of Mark Ashbee photographer.
18. APPLICABLE LAW This agreement shall be governed by the laws of England & Wales.
19. VARIATION These Terms and Conditions shall not be varied except by agreement in writing.
NOTE : For more information on the commissioning of photography refer to ‘Beyond the Lens’ produced by the Association of Photographers- http://www.beyond-the-lens.com/ and for copyright information- http://www.copyright4clients.com/