Terms & Conditions
1) DEFINITIONS 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/s, whether transparencies, negatives, prints or any other type of physical or electronic material. The photographer/s means Samantha Cook and Andrew Smith otherwise known as Samantha Cook Photography.
2. Copyright: The entire copyright in the Photographs is retained by the Photographer/s at all times throughout the world.
3) Ownership of Materials: Title to all photographs remains the property of the Photographer/s.
4) USE: The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission. If permission if given by the photographer\s to use the photograph’s before payment in full of the relevant invoice(s), this will be indicated on the commission estimate and invoice. 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. The Licence only applies to the advertiser and product as stated on the invoice and its benefit shall not be assigned to any third party without the Photographer’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, the photographer’s permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sublicencing through a photo-library. Permission to use the Photographs 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. Unless otherwise agreed in writing , all further Licences in respect of the Photographs will be subject to these terms and conditions. Reproduction rights are strictly limited to the use and period of time specified on the photographer/s invoice.
5) Definitions of Reproduction Rights License:
The following terms are used when describing the reproduction rights granted by the Photographer/s to the Advertiser:
(a) Licence-Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site;
(b) Licence-PR and Press distribution: The right to use the pictures as described in 5(a); plus a licence for third parties to reproduce such pictures in print or electronic media (in regards to the Advertiser own business use) in an editorial context where no fee has been paid to guarantee publication.
(c) Licence-Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice;
d) Licence-Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
(e) Licence-Unlimited time period: The right to use the pictures for the purpose as described on the invoice, without any expiry date on the licence.
(f) Licence-Regional coverage: The right to use the pictures in the region as indicated on invoice.
g) Licence-UK-Unlimited Time Period-All Media, Grants the Advertiser booking the photographer/s services, (to use the pictures for all their own (a) internal, and (b) PR and Press distribution; publications, websites, literature without seeking further permission from the photographer/s). However, this licence prohibits a third party from using the pictures for what they were originally commissioned for, pictures cannot be passed on to any third party, without prior written consent from the Photographer/s.
6) Client Confidentiality: The photographer will keep confidential and will not disclose to any third parties or make use of 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.
7) Liability and Indemnity:
(a) Whilst the photographer/s takes all reasonable care in the performance of this agreement, the photographer/s shall not be liable for any loss or damage suffered by the Agency and Advertiser by any third party arising from use or reproduction of any picture or its caption;
(b) The Agency and Advertiser agrees to indemnify the photographer/s in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights, of any picture supplied to the Agency and Advertiser by the photographer/s.
(c) It is the Agency and Advertiser 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 photographer/s 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 picture. In the event that the picture is issued or reproduced by or with the authority of the Agency and Advertiser then the Agency and Advertiser shall indemnify the photographer/s against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
08) Payment: Payment by the Agency and Advertiser will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days
The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made. Payment by BACS is preferred and bank details will be provided on the invoice.
09) Expenses: 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.
10) Rejection: Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11) Cancellations: (a) Once the Agency and Advertiser has made a booking for a specific time and date and this date/time has been confirmed by the photographer/s, either verbally or by email, the booking is considered firm. The photographer/s will not accept any other work from other clients, for those times and dates. (b) As a result, once a booking is Confirmed, if it is subsequently cancelled, or the attendance time cut short, within less than 24 hours notice, for what ever reason, the photographer/s will charge the full amount quoted overleaf.
12) Right to Credit: The Photographer/s name (www.samanthacookphotography.co.uk) must be printed on or in reasonable proximity to all published reproductions of the Photograph(s). 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) Manipulation: Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer.
14) Image Selection: (a) Images are edited at the photographer’s discretion and delivered prints and/or electronic images will not include all images captured. (b) The photographer/s policy is quality over quantity; image compositions are considered, selected and edited, so that they may be suitable to be used in all types of publications, websites and literature. (c) The photographer/s do not offer, nor provide endless shots taken of the same incident, the photographer/s will choose the best composition, and usable image from any set of images, and provide this for the Advertiser’s use, (d) the Photographer’s decision on which images are to be processed shall be deemed correct.
15) Post-production/ Image delivery: (a)During normal business hours of 8am to 7pm the photographer/s are open to commissions and attendance at projects, with other clients. (b) The photographer/s will carry out any post-production work in the evenings, when they are most likely not attending other paid commissions. (c)There is no additional charge, for post-production work outside the photographer/s normal business hours. (d) However, should time be of the essence, and the Agency or Advertiser requires the images worked on and delivered (time permitting), within the photographer/s normal business hours, on the same day of the shoot, the photographer/s reserve the right to charge for the additional time working on their project, as they will be un-available to carry out other paid commissions during this time.
16) Precedence In the event the Agency and the Advertiser have their own terms and conditions, in regards the booking of the services of Samantha Cook Photography, for their required assignment, whether displayed on any form of correspondence, media, website, in hard copy or digital form, booking the services of Samantha Cook Photography confirms that the Agency and the Advertiser agreement to Samantha Cook Photography’s Terms & Conditions. Samantha Cook Photography’s Terms & Conditions will take precedence, at all times, unless agreed in writing by Samantha Cook Photography, before each and every assignment.
17) Force Majeure or Act of God: The due performance of this agreement is subject to alteration or cancellation by either party owing to any cause beyond their control.
18) Coverage/Licence/ Reproduction
A) The Agency and Advertiser understands and accepts that the photographic coverage will be as the photographer/s professional expertise determines, and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes. On the day the photographer/s will not take pictures that are requested by anyone other than the Agency and Advertiser. The photographer will make every effort to assure your satisfaction according to accepted industry standards.
19) Limitation of Liability: In the unlikely event of a total photographic failure or cancellation of this agreement by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of this agreement. Neither party shall be liable for indirect or consequential loss.
20) Applicable Law:(a) This agreement shall be governed by the laws of England and the parties agree to accept the exclusive direction of the Courts of England; (b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties. (c) Email communication constitutes a contract in law, unless the Agency /Advertiser specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.
21) Booking the services of Samantha Cook Photography, either by phone or email, confirms the Agency and Advertiser agreement to Samantha Cook Photography’s Terms & Conditions.