For the purpose of this agreement ‘”the Client” shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the Photographer’s client is a direct client (i.e. with no intermediary), all references in this agreement to “the Client” shall be interpreted as references to the Photographer’s client. “Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.
The Licence to Use comes into effect from the date of payment of all sums due by the Client to the Photographer for use of the Licence. No use may be made of the Photographs before payment in full of all sums due 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. The Licence only applies to the Client and product as stated on the front of the form 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 Photographs for other purposes e.g. use in relation to another product or sub-licensing through a photo library. Permission to use the Photographs for purposes not agreed must be sought and 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.
The Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the 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/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
The Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The 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 the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
8. BOOKING AND BOOKING FEE
The Booking fee of £250 secures the date, time and services of Dan Baker Photography for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Cancellation less than 12 weeks before the wedding will result in payment in full. All cancellations must be in writing. Weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
Any shoots or weddings booked 7 or less working days prior to the event will require payment in full to Dan Baker. payment will be taken in cash only in this circumstance.
Following payment of the £250 booking fee, balance of payment is due 21 days prior to the wedding date. No photographs or wedding albums will be delivered until all payments due have been paid in full. Payment for additional images and products are to be made when they are ordered.
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 The Photographer 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.
The cost of packages and additions to package are found on the pricing sheets, these products and services are as described on the pricing sheets.
Payments are to be made by cash or cheques. Bank Transfer (BACS) payments can be accepted by arrangement. All cheques to be made payable to Dan Baker.
I reserve the right to not release any goods until all funds are cleared within my account when dealing with cheques or BACs.
10. PLACING AN ORDER AND RECEIPT OF GOODS
Any alterations to orders must be notified either by telephone or in writing (sent by special delivery) within one working day of the order being placed. The Photographer(s) will not be held liable for any costs incurred due to alterations to the order made by The Client after this time.
All wedding orders will take approximately six to eight weeks to complete. All other orders will take approximately four to six weeks. The Client(s) will be informed by either telephone or in writing once the order is ready and available for collection. The Photographer(s) are able to store completed orders for a maximum of two months and after this time any orders not collected may be destroyed.
The Photographer(s) must be notified either by telephone or in writing (sent by special delivery) within two working days of The Client(s) being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.
Due to the nature of the product The Photographer(s) are unable to give exchanges or refunds. This does not affect your statutory rights.
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client , or otherwise at their request, the Client shall give approval to and 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.
The Client may not reject a photograph on the basis of style or composition unless he pays a fee acceptable to the Photographer.
In the unlikely event of any complaint with regards to our service, all complaints must be received in writing within seven days of collection of products purchased. This includes photographs, albums and frames.
14. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement. The Client may cancel this contract at any time by giving written notice to Dan Baker Photography but in doing so shall forfeit any monies paid. Cancellation less than 12 weeks before the wedding date will result in the payment in full.
15. LIMITATION OF LIABILITY
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his / her best ability. In the event that another photographer can not be arranged a full refund will be given but the photographer can not be help responsible for any other costs incurred.
17. RIGHT TO A CREDIT
If the box on the estimate and the licence marked “Right to a Credit” has been ticked the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf the Photographer also asserts his/her 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.
18. 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 the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
19. DELETION OF IMAGES
I reserve the right to delete any photographs I produce at any time.
20. APPLICABLE LAW
This agreement shall be governed by the law of England and Wales.
These Terms and Conditions shall not be varied except by agreement in writing.