TERMS AND CONDITIONS FOR SHUTTER BUGZ PHOTOGRAPHY AND MEDIA
(S.B P&M – Shutter Bugz Photography and Media)
1. 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 S.B P&M 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 S.B P&M client. "Photographs" means all photographic material furnished by S.B P&M, whether transparencies, negatives, prints or any other type of physical or electronic material.
2. COPYRIGHT
The entire copyright in the Photographs is retained by S.B P&M at all times throughout the world. View the document under the name COPYRIGHT DOCUMENT for more information on the subjective.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of S.B P&M. As in the copyright agreement, photographs used as ‘hire’ must have a signed agreeent signed by both S.B P&M and the client. If the lience fails to keep to this agreement, S.B P&M will have to take legal action if necessary. Any bought photographs by clients remain the clients ownership.
4. 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 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 Agency is put into receivership or liquidation Accordingly, even where any form of 'all media' Licence is granted, S.B P&M 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. 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.
5. EXCLUSIVITY
The Agency and Advertiser will be authorised to publish the Photographs. However, S.B P&M 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 S.B P&M 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 S.B P&M to carry out his/her obligations in relation to the commission. Any forms such as model release forms will be destroyed after 10 years of being filled in by either model, owner or gaurdian.
7. INDEMNITY
S.B P&M agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by S.B P&M to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. S.B P&M 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 S.B P&M against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
8. PAYMENT
Payment by the Agency/ client will be expected for the commissioned work within 10 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 10 days S.B P&M 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.
9. EXPENSES
Where extra expenses or time are incurred by S.B P&M 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 the Photographer's normal rate to S.B P&M in addition to the expenses shown overleaf as having been agreed or estimated.
10. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly S.B P&M will, at his/her discretion, charge a fee for cancellation or postponement within 24 hours of shoot.
11. RIGHT TO A CREDIT
If the box on the estimate and the licence marked "Right to a Credit" has been ticked S.B P&M’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. If photographs are shown on social media tagging or crediting must be applied.
12. ELECTRONIC MANIPULATION
Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer. No editing, defacing, manipulation, or any form of editing on adobe or softwear.
13. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
14. 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 Shutter Bugz Photography and Media.