PHOTOGRAPHY LICENCE TERMS AND CONDITIONS – Applies to all PR/Commercial work
“The Photographer” is Wes Webster Photography. “The Client” is any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Acceptance of Terms and Conditions:
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
The content and images used on this website are the property of and copyright by the Photographer. No images or content may be copied, duplicated or otherwise taken from the website without expressed written permission from the Photographer.
a. Payment of the Photographer’s invoice must be made immediate on receipt of or within 30 days of the date of that invoice, if this has been agreed beforehand in writing before any contract is undertaken. The Photographer reserves the right to rescind account facilities and services without notice should the Client fail to pay the Photographer’s invoice(s) within the terms agreed.
b. A deposit of 25% of the total amount of the contract may be expected for scheduled events. The deposit will be at the discretion of the Photographer at the time of contract signing.
c. The Photographer reserves the right to charge interest on all overdue invoices at a rate of 8% in accordance with The Late Payment of Commercial Debt (Interest) Act (1988)
Retention of Title:
The Photographer reserves the right to retain all of the Client’s materials in a photo shoot until all monies owed to the Photographer have been paid in full. Furthermore, the licence to reproduce images created by the Photographer will also be revoked until payment has been made.
a. A full brief must be provided and agreed to before undertaking any work.
b. Booking Days: The Photographer may be booked by the Day (eight (8) hours), Half-Day (four (4) hours), or the Hour. The minimum hourly booking is one (1) hour.
c. Confirmed Bookings: All day bookings are computed at eight (8) working hours. After ten (10) consecutive working hours, double time will be charged, unless arrangements have been made in advance.
a. Cancellations: Cancellations made by the Client within forty-eight (48) hours (two (2) working days) will be charged at half of what would have been owed (deposit included). Cancellations of trips, or full-week confirmed bookings must be made one week prior to the booking, otherwise a full fee will be charged and full reimbursement will be expected (e.g. costs incurred from travelling).
b. The Photographer may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees etc), that he may have incurred prior or during the assignment taking place.
If the work is cancelled on or before the day of the scheduled work, for any reason by the photographer, including illness, the client agrees to reschedule the work, if possible, at their earliest convenience. The client will not be charged for travel or any other expenses if the work is cancelled by the Photographer.
The Photographer will make additional charges should an assignment overrun which is beyond the control of the Photographer (this includes but is not limited to; the Client requesting additional photographs over and above the Client’s original brief). If the work cannot be completed within the agreed amount of time allocated, the Photographer or their agent and the Client agree to amend the contract, to provide for additional time as required to complete the work, not withstanding any amendments, the Photographer reserves the right to reschedule additional work.
Completion of the Work:
Work is complete when the Photographer provides the Client with agreed material purchased. This may include a CD/DVD or USB, access to a web gallery, and/or prints containing images photographed, as set out in the brief and agreed between the Photographer and the Client.
The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Client’s behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses. The Client agrees to immediately reimburse the Photographer or his agents for any loss/damage/theft caused to property or equipment while undertaking the Client’s brief.
Delivery of Products and Services:
The supply of products and services are provided by the Photographer wherever possible within the timescale agreed in the brief. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc., or ill health.
Prices & Terms:
a. All prices shown within the Photographer’s price list are subject to change without prior notice.
b. The Photographer reserves the right to amend these Terms and Conditions without prior notice.
In accordance with the Copyright, Designs and Patents Act 1988, the entire copyright of all images and photographs created by the Photographer are owned and retained by the Photographer at all times.
The Photographer asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the Photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer. The licence to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms. This means, if one of the images created by the Photographer is used for any commercial or financial gain, at any time, without the Photographer’s expressed permission in writing, the Client will pay for the use of the image at the current market rate.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full. The Photographer will on agreement and payment provide a list of images and written confirmation of the transfer of copyright to the Client.
Licence for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. A simple copyright statement must be placed near or on the image, and notification of use is communicated to the Photographer. Non-commercial uses include personal web pages, and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, or any other use that would be considered as commercial or financially beneficial to the user.
The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
The above conditions and terms constitute the full conditions and terms of any work agreement made between the (Client) and the Photographer or any photographer assigned to the client by The Photographer. By agreeing to a contract for services, you agree to abide to these terms and conditions and agree to indemnify and hold harmless the Photographer, their agents and the heirs or assigns.