Terms and 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.
In this Agreement the terms
(a) Image includes any digital image, digital scan, photograph, transparency, negative, design, artwork, painting, montage drawing, engraving or any other item that 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) Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party). For the purpose of this agreement “the Client” 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 (i.e. with no agency or intermediary), all references in this agreement to “the Client” shall be interpreted as references to the Photographer's Client.
2. COPYRIGHT & OWNERSHIP
(a) The entire copyright in the Image is retained by the Paul Leach Photography at all times throughout the world.
(b) Paul Leach Photography 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 Paul Leach Photography's 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.
(d) Title to all Images remains the property of the Paul Leach Photography. When the Licence to Use the material has expired the Image(s) must be returned to Paul Leach Photography in good condition within 30 days. All copies of digital or electronic Images must be destroyed and no further use made of the files.
(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 written permission of Paul Leach Photography. 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) Paul Leach Photography reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
(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.
(a) The Client will be authorised to publish the Images to the exclusion of all other persons excluding Paul Leach Photography for the period of the Licence To Use. However, Paul Leach Photography retains the right, in all cases, to use the Images in any manner, at any time and in any part of the world, for the purposes of advertising or otherwise promoting his work. After the exclusivity period indicated in the 'Licence to Use', Paul Leach Photography shall be entitled to use the Images for any purposes.
5. CLIENT CONFIDENTIALITY
(a) Paul Leach Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable them to carry out their obligations in relation to the commission.
(a) While Paul Leach Photography 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 Paul Leach Photography 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 Paul Leach Photography.
(c) It is the Client who must satisfy themselves that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Paul Leach Photography 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 is issued or reproduced by, or with the authority of, the Client then the Client shall indemnify Paul Leach Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
(a) Payment terms are 75% of total invoice value at time of order with the balance being due 7 days after delivery of images. Balance of payment by automated credit transfer (BACS). BACS details are supplied with our invoice and is our preferred method of payment. Payment may also be made by crossed cheque made payable to Paul Leach Photography. Proof of postage of remittances is not considered proof of receipt and clients are advised to send payment by a method affording proof of delivery. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment of commercial debts act if we are not paid according to agreed credit terms.
(b) If payment is not made in accordance with (a) above then Paul Leach Photography 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) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if it is less than 7 days from the issue date, and that Paul Leach Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
(d) A fee of £20.00 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
(e) Paul Leach Photography reserves the right to suspend ongoing services or any 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.
(f) On the Client's death or bankruptcy or, if the Client is a company, in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Paul Leach Photography may, at any time thereafter, inspect any records, accounts and books relating to the reproduction of their images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.
(a) Where extra expenses or time are incurred by the Paul Leach Photography 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 Paul Leach Photography's normal rates, in addition to the costs agreed or estimated.
(a) Unless a rejection fee has been agreed in advance, there is no right to reject any Image on the basis of style or composition.
10. CANCELLATION & POSTPONEMENT
(a) Once the Client has made a booking for a specific time and date, Paul Leach Photography will not accept any other work from other clients for those times and dates.
(b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the Client according to the following schedule.
1. When a Client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged.
ii. When a Client cancels photography within one week of any confirmed date, a fee of 100% of the booked time rate will be charged.
In addition to this cancellation fee, the client will be charged for any expenses already incurred by Paul Leach Photography.
11. RIGHT TO A CREDIT
(a) If the box on the 'Licence to Use' marked "Right to a Credit" has been ticked Paul Leach Photography's name will be printed on or in reasonable proximity to all published reproductions of the Image(s). By ticking the "Right to a Credit" box Paul Leach Photography 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 Paul Leach Photography, any fee payable by the Client shall be subject to an increase specified by Paul Leach Photography, and in any event an increase of not less than 25%.
12. DELIVERY OF IMAGES
(a) Paul Leach Photography will edit every photoshoot and deliver digital images of what they consider to be the best representation of the situation covered. As a result, printed contact sheets will only be supplied to the client if agreed so beforehand and will incur a charge for their production.
(b) All Image files are delivered as colour Adobe RGB 1998 .tif files or sRGB .jpg files as requested. The Client assumes all responsibility for any RGB to CMYK pre-press work required. The Client agrees to hold harmless Paul Leach Photography from any claims arising from such work.
(c) Paul Leach Photography is not responsible for how images render on websites.
(d) Paul Leach Photography's liability for all claims shall not exceed, in any event, the total amount paid under this invoice.
13. ELECTRONIC STORAGE
(a) Every effort will be made to archive the images indefinitely by Paul Leach Photography. However, Paul Leach Photography makes no warranty about the nature of its archive past the date of first delivery of final images. The Client should treat the delivered files carefully and we recommend that you keep a safe copy for the duration of the licence.
(b) Save for the purposes of reproduction for the license to use, the Image(s) may not be stored in any form of electronic medium (now known or yet to be invented) without the written permission of Paul Leach Photography.
(b) Manipulation of the image or use of only a portion of the image may only take place with the permission of the Paul Leach Photography.
(c) The use of a the Image or any portion of the Image to create, or in the creation of, a new Image is strictly prohibited without the express written consent of Paul Leach Photography.
14. 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.
Paul Leach Photography
18 Denby Lane Crescent