Terms and Conditions
1. DEFINITIONS The Photographer hereafter refers to Liam West. 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 the Photographer’s client is a direct client (ie with no agency or intermediary), in the agreement references to ‘the Agency’ and ‘the Advertiser’ shall be interpreted as references to the Photographer’s Client. The Photographer shall be considered the sole author of the image(s). Even in the case of the Photographer working to concepts or layout, the final image/s shall be considered to be the Photographer’s interpretation. The ‘Photographs’ means an image on any photographic material furnished by the Photographer, whether negatives, transparencies, prints or any other type of physical or electronic material. “Creative Fee” includes first use of photographs and is referred to as Base Usage Rate (BUR).
2. COPYRIGHT The copyright in the Photographs is retained by the Photographer at all times throughout the world, unless otherwise agreed and signed over – copyright buyout will incur a buyout fee (industry standard is 100% of the “Creative Fee”).
3. ARCHIVING The Photographer will maintain a complete archive of all work completed, however the Photographer does not under any circumstances guarantee the availability of finished images after job completion. Archive Retrieval will attract administration fees.
4. RIGHTS LICENSED The Licence shall be for the usage as set out in the estimate and subject to the use identified by the Client at the time of commission and comes into effect from the date of payment to the relevant invoice(s) or as specified in the License Terms. Permission to use the photographs for purposes outside the terms of the licence may be granted upon payment of a further fee, which must be mutually agreed before such further use is made. No rights license may be assigned or transferred in any manner without Photographer’s prior written consent.
5. EXCLUSIVITY As stated in the License, the Agency and Advertiser will be authorised to publish the photographs to the exclusion of all other persons. Unless there is an agreement to the contrary, the Photographer retains the right in all cases to use the photographs in any manner at any time in any part of the world for the sole purpose of promoting his/her work. After the exclusivity period indicated in the License, the Photographer shall be entitled to use the photographs for any purpose. On expiry of the Exclusivity period, the Client will be offered the first right to extend the licence, upon payment of the fee.
6. INDEMNITY The Photographer shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of photographs or other use by the Client. The Client shall indemnify the Photographer against any claims and/or damages against them, including reasonable counsel fees arising from the Client’s use of the photographs and the Photographer’s use of the material on instruction from the Client.
7. PAYMENT The Client shall pay all expenses referred to herein. All assignments where total cost estimate exceeds $8000 require payment of 100% of the Production Charges and Expenses and 50% of the Fees before commencement. Full payment is otherwise required within 14 days of receipt of the relevant invoice. Late fees of 2% per month may be added where applicable.
8. CLIENT APPROVAL The Client is responsible for having its authorised representative present during all ‘shooting’ phases of the assignment. If no representative is present, the Photographer’s interpretation shall be accepted. The Client is bound by all approvals and job changes made by the Client’s representatives. Unless a rejection fee has been agreed in advance, there is no right of rejection.
9. CANCELLATIONS AND POSTPONEMENTS The Client is responsible for payment of all expenses incurred up to the time of cancellation. If notice of cancellation or postponement is given less than two business days before the shoot date, the Client may be charged 50% of Photographer’s fees. If notice of cancellation or postponement is given less than 1 business day before the shoot date, the Client may be charged 100% of Photographer’s fees. In the case of repeated postponements due to weather, a cancellation may be incurred.
10. RESHOOTS The Photographer will charge 100% fees, charges and expenses for any re-shoot requested by the Client
11. ELECTRONIC DATA The Client shall not electronically or by any other means, methods or processes whether now known or hereafter developed, in any manner retain, store, use or alter any image in whole or in part, except as may be otherwise expressly stated on the front of this Agreement.
12. ENTIRE AGREEMENT This agreement is the entire agreement between the parties with respect to the subject matter and no alteration, modification or interpretation hereof shall be binding unless in writing and signed by both parties.