Terms & Conditions Terms and conditions of commissioning and reproduction of images. These are industry standard terms and conditions courtesy of the Association of Photographers and the Association of Editorial Photographers UK
1. Definitions In this Agreement the terms (a) image includes a digital image, digital scan, photograph, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction: (b) reproduction includes any form of publication or copying of the whole or part of any image and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means (c) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
2. Copyright (a) The entire copyright in the images is retained by Wildgoose Photographics at all times throughout the world. (b) Wildgoose Photographics supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given context. No property or copyright in any images shall pass to the Client whether on its submission, or on Wildgoose Photographics grant of reproduction rights in respect thereof. (c) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
3. Use (a) The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the images before payment in full of the relevant invoice(s) without the express permission of Wildgoose Photographics. 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. (b) Reproduction rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights. (c) Wildgoose Photographics reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client. (d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice. (e) Permission to use the images 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. (f) Unless otherwise agreed in writing, all further Licences in respect of the images will be subject to these Terms & Conditions.
4. Client Confidentiality (a) Wildgoose Photographics will not keep confidential information and will not disclose to any third parties. They will however, be able to make use of images for the purposes of the website and advertising, save as may be reasonably necessary to enable Wildgoose Photographics to carry out their obligations in relation to the commission.
5. Indemnity (a) While Wildgoose Photographics takes all reasonable care in the performance of this agreement generally, they shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption. (b) The Client agrees to indemnify Wildgoose Photographics in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by Wildgoose Photographics. (c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Wildgoose Photographics gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify Wildgoose Photographics against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
6. Payment (a) Payment terms are strictly on booking of the photo session, by cheque made payable to ” Lisa Wildgoose”, bank transfer or by cash. Then digital images, prints and canvases will be charged extra on the day of ordering. (b) If payment is not made in accordance with (a) above then Wildgoose Photographics may rescind this Agreement and recover damages, or, at their option, may exercise their statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998. (c) Wildgoose Photographics reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
7. Expenses (a) Where extra expenses or time are incurred by Wildgoose Photographics 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 Wildgoose Photographics normal rate in addition to the expenses shown in the Estimate email as having been agreed or estimated.
8. Rejection (a) There is no right to reject on the basis of style, composition or editing.
9. Cancellation & Postponement (a) Once the Client has made a booking for a specific time and date, Wildgoose Photographics will not accept any other work from other clients for those times and dates. (b) As a result, once a booking is made for a wedding, occasion or event, if it is subsequently cancelled, the 25% deposit will still be charged to the client according to the following schedule. When a client cancels a booking within one month of any confirmed date, the full deposit will still be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Wildgoose Photographics.
10. Right to a credit (a) If the box on the ‘Licence to Use’ marked “Right to a Credit” has been ticked Wildgoose Photographics name will be printed on or in reasonable proximity to all published reproductions of the images. By ticking the “Right to a Credit” box Wildgoose Photographics asserts their statutory right to be identified as the author of the work in the circumstances set out in Sections 77 to 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. (b) Unless otherwise agreed in writing if any image reproduced by the Client omits the copyright notice or credit line specified by Wildgoose Photographics any fee payable by the Client shall be subject to an increase specified by Wildgoose Photographics and in any event an increase of not less than 25%.
11. Storage (a) Every effort will be made to archive the images for up to 6 months. However, Wildgoose Photographics makes no warranty about the nature of its archive past the date of first delivery of final images. Clients should treat the delivered files carefully, and we recommend that you keep a safe copy for the duration of the licence.
12. Applicable Law (a) This Agreement shall be governed by the laws of England & Wales.
13. Variation (a) These Terms & Conditions shall not be varied except by agreement in writing.