& Conditions for Mark Ashbee Photography 2021
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.
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.
COPYRIGHT The entire copyright in the Photographs is retained by Mark Ashbee
Photographer at all times throughout the World.
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.
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.
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
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.
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.
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.
PAYMENT Payment by the Agency or Client 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.
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. Included in the fee
is a day of editing and basic post production. If images need a lot of touching
up or many variations are shot on the day a further fee will apply and will be
agreed on the day.
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.
INSURANCE Clients should insure all properties entrusted to Mark Ashbee
Photographer against all risks.
REJECTION Unless a rejection fee has been agreed in advance, there is no right
to reject on the basis of style or composition.
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.
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.
ELECTRONIC STORAGE Electronic storage/archival by the Client, Agency or
Advertisor is not permitted unless agreed in writing within the terms of the
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
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.
APPLICABLE LAW This agreement shall be governed by the laws of England &
VARIATION These Terms and Conditions shall not be varied except by agreement in
: 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/