The Small Print
Commercial Photography Agreement
These Terms & Conditions form part of the Agreement between the Commercial Photographer trading as Chris Fossey Photography and the Client. By making a Commercial Photography booking the Client must agree to the following Terms & Conditions. A booking is made once the Client has raised a Purchase Order or requested work via email and this has been confirmed by email from Chris Fossey Photography.
a) picture includes a photograph, images, transparency, negative, digital scan, 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 picture 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 Photographer (otherwise known as Chris Fossey) is the Author of the photograph or the Photographer.
(d) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);
(e) Chris Fossey Photography administers the licensing of the works of the Photographer, Chris Fossey and is a trading name of Chris Fossey Photography;
(f) These terms and conditions represent the entirety of the agreement between Chris Fossey Photography and the Client. Any variation is only applicable when agreed in advance and in writing;
(g) Assignment date – the date of the photography shoot agreed by the Client and the Photographer.
The Photographer and the Clients agree that unless stated otherwise in this document or agreed in writing, the Photographer owns any and all copy or reproduction rights. However, Clients in relation to the assignment are granted exclusive use of the images indefinitely and are free to use the photos for their own use in relation to their business such as producing marketing information in both print or online, website or in relation to any part of their business promotion to external agencies such as Press Releases.
Imagery can also be passed on to a third party in relation to the Client’s business online or in print for example to advertise their service. Clients are not permitted to sell the photos or use them for any other non-related commercial/private use such as selling the photos for stock imagery or using the images trading under a different company name.
Unless agreed in writing otherwise, the Clients agree that the Photographer may occasionally use any photograph/image for publicity & advertising purposes to promote Chris Fossey Photography, this may include publication on the Photographer’s website. However, this will be embargoed until the Client has launched their project.
License to use photographs protected under copyright law
Chris Fossey, trading as ‘Chris Fossey Photography’ asserts their rights to be identified the as the copyright owner of the works described in this License Agreement under the 1988 Copyright, Design and Patents Act, 1988. The photographs supplied are protected under the 1988 Copyright, Design and Patents Act, 1988 and the rest of the world.
This License Agreement sets out the terms and conditions under the licensor is permitted to use the photographs supplied under this License Agreement. This agreement may not be varied without the express written permission of Chris Fossey Photography.
The Client/s known as ‘the licensee’ are hereby licensed to use the photographs taken by Chris Fossey Photography ‘the licensor’ in relation to their business only.
Use and Reproduction
(a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment has been received by Chris Fossey Photography.
(b) Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice.
(c) Reproduction rights (if and when granted) are strictly limited to the use by the Client in relation to their specific business. An agreement must be reached with Chris Fossey Photography before the pictures are used for a different purpose.
Reproduction rights are not issued exclusively to the Client except when specified on the invoice;
(e) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture 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;
(f) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied;
With a license to print the Client can:
- Use the images in relation to their business both online and in print.
- Privately share the files within the business and to third parties in relation to the Client’s business only.
- Post the images on their specific social media accounts and have images shared on third party social media accounts only in relation to the Client’s business.
What is not permitted under this license agreement:
- Re-selling the files or prints made from those files this includes selling as stock images.
- Enter the images into competitions etc.
- Sell for commercial gain other than in relation to the Client’s business.
- Amend image including altering embedded file data.
- Sale to third parties.
- Distribution of the images in relation to non related business to the media including newspapers, magazines, blogs, commercial social media pages and feeds, photographic and digital image libraries, commercial websites or retail outlets without permission of the Photographer.
- Usage for other purposes may require a royalty payment being made to Chris Fossey Photography. Where unauthorised usage has been found to have taken place, the copyright owner reserves the right to charge for any authorised use, including any legal costs incurred in recovering any and all monies due.
Payment for Services
Payment for all services must be made by cash, BACs or by Credit/Debit card. Cheques are not accepted without prior agreement. Commercial Photography can only confirmed once a Purchase Order has been raised for the work, unless otherwise agreed. Where a Purchase Order cannot be raised, then full payment must be made prior or on the day of Photography. Full Payment must be made within 14 days of the Invoice date.
Making a Booking
The Client will be required to but all requests for work in writing either via email or Purchase Order, on receipt of which, Chris Fossey Photography will send an email as confirmation. The booking will then be considered Confirmed. If a Purchase Order cannot be raised then pre-payment may be necessary. Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, Chris Fossey Photography will not accept any other work from other clients for those times and dates. All work requested by an individual (not a company or organisation) must be paid for in advance.
If the Photographer has to cancel this contract for reasons beyond their control (death, injury, sickness etc.) their liability shall be limited to a full refund of all monies paid. In the unlikely event of the photographer not being able to fulfil the assignment as set out in the this agreement for example death, injury or the unforeseen closure of the business, the Photographer will seek an alternative photographer of equal creative style and ability. If a Client cancels a Photography Booking within 10 working days of the assignment date, the Photographer reserves the right to charge a cancellation fee of at least 25% unless the work is rescheduled within 14 days of the assignment date. Cancellations with less than 24 hours notice given will be charged for and invoiced in full.
The Photographer agrees that every effort will be made to provide high quality photographic services. In the unlikely event that a catastrophic mechanical failure should occur to the Photographer’s equipment or transport and the Photographer is unable to provide the Clients with the agreed upon photography services and/or products, the Photographer’s liability shall be limited to a full refund of all monies paid. The Photographer has full Public Liability insurance and Professional Indemnity Insurance – evidence of cover is available upon request.
In all circumstances the Client is deemed to have obtained full permission for a professional photographer to be on site. If the Client wishes photography at an additional location(s) they will need to seek full permission from the property/land owner if on private land. Any permissions will need to be sent to the photographer in writing via email at least 14 days before the assignment date. In all circumstances the Photographer will abide by the wishes of the property/landowner. Please be aware that many locations may appear to be public space, however they may actually be privately owned and permission for photography may be required.
Creative License & Photo Editing
The Photographer shall be granted creative and artistic license in relation to the choice of locations used and the images taken based upon any prior discussions before the assignment date or from a clearly defined brief produced by the Client. Judgement on photographic style shall be deemed correct.
The Client acknowledges that they are familiar with The Photographer’s portfolio which can be viewed at: www.midlandscorporatephotography.com or www.chrisfosseyphotography.com and are requesting services with knowledge of The Photographer’s style; that The Photographer’s work is constantly evolving; that The Photographer’s services are of unique and artistic nature; that the photos may be different from photographs taken by The Photographer in the past; and that in creating the photos, The Photographer shall use his personal artistic judgement to create images consistent with his personal vision. Accordingly, The Client acknowledges that the photographs shall not be subject to rejection on the basis of taste, composition or aesthetic criteria.
Delivery of the final images
Digital images will only be supplied in high resolution jpeg format only unless otherwise agreed. All images will be supplied fully edited as per the Client’s specification. If specific resolution/dpi settings are required, these must be specified at the time of booking. Re-editing or re-sizing the images after their final submission to the Client may result in additional editing fees being applied. The Photographer will endeavour to supply the Client’s images fully edited and unwatermarked within two weeks of the assignment date. If the images are required within two weeks of the assignment date, please notify Chris Fossey Photography of your requirements stating clearly any deadlines which need to be met.
Unless otherwise agreed, the Client’s images will be uploaded to a proofing site which will be made available via email. The proofing site will be available online until the final balance has been paid.
Liability and Indemnity
While Chris Fossey Photography takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture.
The Client agrees to indemnify Chris Fossey Photography 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 Client by Chris Fossey Photography.
Unless otherwise agreed, 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 Chris Fossey 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, trademarks, registered or copyright designs or works of art depicted in any picture unless otherwise agreed. In the event that the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify Chris Fossey Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England;
No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hard copy paperwork of all relevant agreements and contracts.