My Terms and Conditions of Business apply to all dealings between JK Photography (“I” or “the Photographer”) and you (“The Client” or “The Customer”).
“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.
4. IMAGE USE
Unless otherwise stated, by instructing and paying for my services I offer you a full licence to use the images for your own commercial purposes, whether online or in print. This assumes that images will be used to promote your own company, its products or services, whether directly or via a third party (with your permission). Unless otherwise stated, there will be no time limit on this use. You are not permitted to sell or give away the images in any way, including via online libraries.
I have the right to use images for my own promotional purposes. This may include, but is not limited to, use on my website and in case studies, as well as on my social media channels. Where appropriate, and in the case of non-branded images only, they may also be submitted to stock photography libraries (branded product images are not permitted on stock photography libraries). If I have agreed upon an initial exclusive use period, I will not publicise images in any way until after this date. This agreement must be made in advance of the shoot and in writing.
The Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, I retain 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 my work.
I agree to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by me to obtain any clearances for which I was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. I shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify me against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
I reserve the right to request payment of a deposit to secure a booking.
In the case of individual private clients I request payment on completion of the shoot.
If the client is a registered business and there is no 30 day credit account in place payment by the customer will be expected on completion and approval of the commissioned work and the issue of the relevant invoice.
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 already agreed or estimated.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
10. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly I will, at my discretion, charge a fee for cancellation or postponement.
11. ELECTRONIC STORAGE
Save for the purposes of reproduction, the Photographs may not be stored in any form of electronic medium without my written permission. Manipulation of the image or use of only a portion of the image may only take place with my permission.
12. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
These Terms and Conditions shall not be varied except by agreement in writing.