TERMS & CONDITIONS
- TERMS & CONDITIONS – PHOTOGRAPHERS
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 the Photographer’s 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 the Photographer’s client. 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 of 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. When the License to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.
The License to Use comes into effect from the date of payment of the original invoice(s). No use may be made of the Photographs before a payment in full of the relevant invoice(s) without the Photographer¹s 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. Where use is restricted in the Agreement, permission to use the Photographs for any other purpose will automatically be granted upon payment of a further fee, to be mutually agreed. Any breech of this will result in the Photographer billing the Advertiser for an amount the Photographer feels is reasonable for the photographic usage; this sum may exceed the standard rate.
Note: An agreement must be reached with the Photographer before the Photographs may be used for other purposes.
The Agency and the Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use Photographs in any manner at any time and in any part of the world for the purposes of adverising or otherwise promoting his/her work. After the exclusivity period indicated in the License to Use the Photographer shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
The Photographer will keep confidential and will not disclose to any third parties or make use of the material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
The Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by the photographer to obtain any clearances for which he/she was responsible in respect of the third party copyright works, trade marks, designs or other intellectual property. The Photographer 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 the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If payment is not made as per these terms interest will become due at the rate prescribed by the late Payment of Commerce Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
Where extra expenses or time are incurred by the Photographer 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 the Photographer in addition to the expenses shown overleaf as having been agreed or estimated. Expenses settled by the Agent will be subject to a 20% handling charge.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
12. RIGHT TO A CREDIT
If the box on the estimate and the license marked ³Right to Credit¹ has been ticked the Photographer¹s 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.
13. SUPPLY TO THIRD PARTIES
The license only applies to the Advertiser and product as stated on the front of the form.
14. ELECTRONIC STORAGE
Save for the purposes of production for the license use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
15. APPLICABLE LAW
The agreement shall be governed by the laws of England and Wales.
These Terms and Conditions shall not be varied except by agreement in writing.
- TERMS & CONDITIONS – STYLISTS
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 Stylist’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both the Client shall be interpreted as references to the Stylist’s client.
2. INVOICES AND PAYMENT
An advance invoice of _% of the Estimate Expenses and _% of the Stylist’s Fee will be issued and must be paid before commencement of work. The balance of the Stylist’s Fee will be invoiced on completion of the job and is payable within 30 days of receipt. The expenses invoice will follow at any time after the job and is due on receipt. If payment is not made as per these terms interest will become due at the rate prescribed by the late Payment of Commerce Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
All fees and expenses are based on the usage and purpose detailed in the signed Confirmation. Written permission must be obtained if the Stylist’s work is to be used in any other way or for any other purpose.
4. LOSS OR DAMAGE TO WARDROBE, PROPS AND EQUIPMENT
The client will be fully responsible for any loss or damage whatsoever to any wardrobe, props and equipment furnished by the stylist .
5. SELF PROMOTION
The Stylist retains the right in all cases to use any form of image relating to this commission, in any manner, at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work regardless of the eventual copyright holder of the image.
6. CLIENT CONFIDENTIALITY
The Stylist will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purpose of the commission, save as may be reasonably necessary to enable the Stylist to carry out his/her obligations in relation to the commission.
The Stylist agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by the Stylist to obtain any clearances for which he/she was responsible in respect of the third party copyright works, trade marks, designs or other intellectual property. The Stylist 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 the Stylist against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Where extra expenses or time are incurred by the Stylist as a result of alterations to the original brief by the Client, or otherwise at their request, or due to unfavourable weather, the Client shall give approval to and be liable to pay such extra expenses or fees at the Stylist¹s normal rate in addition to the expenses shown in the Confirmation.
Unless a rejection fee has been agreed in advance, there is no right to reject the Stylist’s work on the basis of taste, style or composition.
10. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Stylist will, at his/her discretion, charge a fee for cancellation or postponement.
These Terms and Conditions shall not be varied except by agreement in writing.
- TERMS & CONDITIONS – LOCATIONS
This document constitutes a legal agreement between the Licensee and the Owner and the parties hereto intend to be bound by the terms and conditions set out below in which the Licensee will be permitted to use locations in and around the Property for photography of the Production during the Times/Dates for the Location Hire Fee as shown on the Confirmation Form.
1. The Owner permits the Licensee, its employees and persons authorised by it, to at their own risk enter upon and use those parts of the Property designated by the owner at the Property for photographic purposes.
2. The Owner having been notified of the scenes to be shot on or around the Property confirms and agrees that the Owner consents to the photography of these scenes and will not raise or make any objection in the future to the Property or location being in the photograph and waive any and all right to claim or raise any objection of whatever nature relating to the above. Such consent shall not extend to any photography beyond these areas described, such unauthorised photography will be infringement of the Owner’s rights and no permission to uses or exploit such material is given.
3. The Licensee shall own the entire copyright and all rights of exploitation of the photographs made of the areas described in pursuance of the Agreement and with the consent of the Owner, such rights shall extend for the full period of copyright including any and all renewals, reversions and extensions thereof throughout the universe. The Licensee reserves the right to assign, license or sub-license the whole or any part of the rights granted by this clause 3 of this Agreement to any company or individual without further consent.
4. The terms and conditions of this Agreement shall remain in full force and effect during any further period the Owner may permit for the completion of the Production.
5. The Licensee agrees to make good forthwith to the satisfaction of the Owner of pay the full cost of making good any damage or loss to the Property and that the Property will be left as found and free from any rubbish resulting from the Production. The Owner must notify in writing to the Licensee any damage found after the completion of principle filming/photography within 7 days of such completion, and that the Licensee is liable.
6. The Licensee will indemnify and keep indemnified the Owner against all actions, proceedings, costs, claims and demands which may be brought or made against the Owner in respect of personal injury and/or damage to property arising directly or indirectly out of the exercise of the rights granted by this agreement.
7. The Licensee shall on request provide evidence of sufficient insurance policies to the sum of two million pounds sterling to cover its liabilities under this Agreement.
8. The Owner warrants and undertakes with the Licensee that the Owner has the legal power and authority to enter this Agreement in respect of the Property and the legal authority to grant the rights granted herein without the need for consent by any other person.
9. For the purpose of this Agreement the Owner shall be deemed to include the person in occupation who has the legal authority to grant the rights contemplated by this Agreement and shall include for these purposes the freeholder, any leaseholder, any tenant, a properly appointed agent, manager or representative who hereby warrants and undertakes together with their principal if appropriate that they have the power or authority to grant the rights granted herein.
10. The Licensee undertakes, warrants and agrees with the Owner that the content of any photograph depicting the Property shall not be obscene, defamatory or infringe the rights of any third party. The Licensee further undertakes, warrants and agrees that during the course of the photography the will prevent any production personnel form acting in a manner that may cause nuisance, offence or damage to any neighbour or passer by or bring the Property or the Owner into disrepute.
11. In the event of a claim, the Agent will charge the Licensee and administration fee of £100.00 plus VAT in addition to the agreed sum for damage, which will be paid in full within 7 days of invoice from the Agent.
12. The Licensee must get permission to use HMI’s prior to the shoot. Additional permission must be sought if it is required to locate HMI’s outside of the property. An additional charge of £15 per light will be incurred for the use of each HMI light.
13. All props are to be delivered and removed on the day of the shoot, between the hours of 9am – 6pm, or by 6pm on the finish day of the shoot. Any requirements outside this period may incur overtime charges and additional permission must be granted by the owner. It is the responsibility of the Licensee to ensure that there is appropriate security at the front door at all times when equipment/props are being moved to/from the location.
14. Any damage to any part of the location or the property is the responsibility of the Licensee and must be made good on the day of the shoot, otherwise the full cost of the repair/replacement will be added to the final invoice. Any damage must be reported at the end of the day.
15. The location is to be left in a clean and tidy state; any furniture moved is to be replaced in its original position, otherwise the cost of a professional cleaner will be added to the final invoice. All the rubbish should be put by the dustbin area. Rubbish that will not fit into a bag must be taken away with the client/photographer on the day of the shoot or by 6pm on the finish day of the shoot. Any large rubbish not disposed of by the client/photographer will incur an additional charge of £20 per item.
16. The Owner will make available an area for food and drink to be consumed. The Owner will provide water, tea and coffee will be available throughout the day on a self service basis for a maximum of four people. Sundries ie: tea, coffee, milk etc. will be charged for teams of over 4 people. The Licensee will be liable for all cleaning costs incurred. The telephone/fax is not available for use.
17. Lunch can be provided by Tattersall Love by prior request.
18. The Licensee may use toilets and water at the Property as directed by the Owner. These will be left replenished and clean as found. The Licensee will be liable for all cleaning costs incurred.
19. A working day is from 9am to 6pm. Overtime is charged at £100 per hour up till 8.00 pm. Thereafter overtime is charged at £200 per hour.
All charges are subject to VAT @ £17.5%
20. No smoking anywhere on the Property.
21. The Licensee will cover the floor with appropriate material to protect from dirt and damage. The Licensee will take extra care when moving any items of furniture or equipment and will ensure that any item that needs to be moved is done so by lifting not dragging. The Licensee will be liable for any damage caused. No shoes may be worn in the house, although care must be taken especially when using the garden.
22. Reservations are taken by the Agent, on an option basis. If the party is prepared to confirm at any time their booking will take priority after the previous options have been given the chance to confirm. Cancellation of a confirmed booking will incur a 100% charge.
23. Payment must be received by the Agent prior to access of the property, unless a prior agreement has been stated on the confirmation form. If the invoice is not paid, in full, as per these terms, the Agent reserves the right to charge interest at the rate prescribed by the late Payment of Commerce Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
24. This Agreement shall be governed in accordance with the laws of England and to the jurisdiction of the English Courts to which the parties hereto exclusively submit.