Terms of Use

 
 

Terms of Use

1.CREDIT TERMS

30 DAYS FROM DATE OF INVOICE. I HEREBY CONFIRM AGREEMENT TO ALL ABOVE DETAILS. IT IS THE CLIENTS RESPONSIBILITY

TO INFORM US OF ANY USAGE OTHER THAN STATED ABOVE. EXTRA USAGE TO BE NEGOTIATED WITH US AND AGREED IN

WRITING PRIOR TO USE.

 

2.CANCELLATION & POSTPONEMENT

IF THE BOOKING IS CANCELLED WITHIN ONE WORKING DAY OF THE STARTING TIME THE FULL FEE WILL BE CHARGED, UNLESS

THE SAME ARTIST IS RE-BOOKED WITHIN 24 HOURS. IF THE BOOKING IS CANCELLED OUTSIDE THE ONE-DAY PERIOD OF THE

STARTING TIME THEN HALF THE FEE WILL BE CHARGED.

BOOKINGS OF MORE THAN 3 DAYS DURATION: IF THE BOOKING IS CANCELLED WITHIN A PERIOD EQUAL TO THE LENGTH OF THE

BOOKING THEN THE FULL FEE WILL BE CHARGED OTHERWISE OUTSIDE THIS PERIOD WILL BE HALF THE TOTAL FEE.

 

3.PAYMENT

PAYMENT BY THE CLIENT WILL BE EXPECTED FOR THE COMMISSIONED WORK WITHIN 30 DAYS OF THE ISSUE OF THE RELEVANT

INOVICE. IF THE INVOICE IS NOT PAID, IN FULL, WITHIN 30 DAYS PLAIN LTD 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.

 

4.EXPENSES

WHERE EXTRA EXPENSES ARE INCURRED BY THE PHOTOGRAPHER / ARTIST AS A RESULT IN ALTERATIONS TO THE ORIGINAL

BRIEF BY THE CLIENT, THE CLIENT IS LIABLE TO PAY SUCH EXTRA EXPENSES OR FEES AT THE PHOTOGRAPHERS / ARTIST

NORMAL RATE TO THE PHOTOGRAPHER IN ADDITION TO THE EXPENSES SHOWN OVERLEAF AS HAVING BEEN AGREED OR

ESTIMATED.

 

5.REJECTION

UNLESS A REJECTION FEE HAS BEEN AGREED IN ADVANCE, THERE IS NO RIGHT TO REJECT ON THE BASIS OF STYLE OR

COMPOSITION AS CLIENT OPINION WOULD ONLY BE SUBJECTIVE AND IS NOT RELEVANT TO THE CONTRACT BETWEEN PLAIN LTD

AND THE CLIENT. PLAIN LTD WILL NOT BE HELD RESPONSIBLE FOR ANY FURTHER DISPUTE BETWEEN CLIENT AND

PHOTOGRAPHER/ ARTIST.

 

6.RIGHT TO CREDIT

IF THE RIGHT TO CREDIT HAS BEEN AGREED ON THE CONFIRMATION SHEET THE PHOTOGRAPHERS/ ARTIST NAME WILL BE

PRINTED ON OR IN REASONABLE PROXIMITY TO ALL PUBLISHED REPRODUCTIONS OF THE PHOTOGRAPH(S). BY AGREEING TO

THE RIGHT TO CREDIT THE PHOTOGRAPHER /ARTIST 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.

 

7.COPYRIGHT

THE ENTIRE COPYRIGHT IN THE PHOTOGRAPHS IS RETAINED BY THE PHOTOGRAPHER AT ALL TIMES THROUGHOUT THE WORLD.

 

8.OWNERSHIP OF MATERIALS

TITLE TO ALL PHOTOGRAPHS REMAINS THE PROPERTY OF THE PHOTOGRAPHER. WHEN THE LICENSE TO USE THE MATERIAL

HAS EXPIRED THE IMAGES MAY NOT BE USED UNLESS THERE IS RE NEGOTIATION OF FEE.

 

9.USE

THE LICENSE TO USE COMES INTO EFFECT FROM THE DATE OF FIRST USE. NO USE MAY BE MADE OF THE PHOTOGRAPHS

BEFORE PAYMENT IN FULL OF THE RELEVANT INVOICE(S) WITHOUT THE PHOTOGRAPHERS 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 CLIENT IS PUT INTO RECEIVERSHIP OR LIQUIDATION. THE LICENSE ONLY APPLIES TO THE ADVERTISER AND

PRODUCT, AS STATED ON THE FIRST PAGE OF THE FORM AND ITS BENEFIT SHALL NOT BE ASSIGNED TO ANY THIRD PARTY

WITHOUT THE PHOTOGRAPHERS PERMISSION. ACCORDINGLY, EVEN WHERE ANY FORM OF THE ‘ALL MEDIA’ LICENSE IS

GRANTED, THE PHOTOGRAPHERS PERMISSION MUST BE OBTAINED BEFORE ANY USE OF THE PHOTOGRAPH(S) FOR OTHER

PURPOSES. PERMISSION TO USE THE PHOTOGRAPHS FOR PURPOSES OUTSIDE THE TERMS OF THE LICENSE WILL NORMALLY BE

GRANTED UPON PAYMENT OF A FURTHER FEE, WHICH MUST BE MUTALLY AGREED (AND PAID IN FULL) BEFORE SUCH FURTHER

USE. UNLESS OTHERWISE AGREED IN WRITING, ALL FURTHER LICENSES IN RESPECT OF THE PHOTOGRAPHS WILL BE SUBJECT

TO THESE TERMS AND CONDITIONS.

 

10.EXCLUSIVITY

THE CLIENT WILL BE AUTHORISED TO PUBLISH THE PHOTOGRAPHS TO THE EXCLUSION OF ALL OTHER PERSONS INCLUDING THE

PHOTOGRAPHER. HOWEVER, THE PHOTOGRAPHER RETAINS THE RIGHTS IN ALL CASES TO USE THE PHOTOGRAPHS IN ANY

MANNER AT ANY TIME AND IN ANY PART OF THE WORLD FOR THE PURPOSES OF ADVERTISING OR OTHERWISE PROMOTING

HIS/HER WORK. AFTER THE EXCLUSIVITY PERIOD INDICATED IN THE CONTRACT THE PHOTOGRAPHER SHALL BE ENTITLED TO

USE THE PHOTOGRAPHS FOR ANY PURPOSE.

 

11.CLIENT CONFIDENTIALITY

THE PHOTOGRAPHER WILL KEEP CONFIDENTIAL AND WILL NOT DISCLOSE ANY THRID 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.

 

12.INDEMNITY

THE PHOTOGRAPHER AGREES TO INDEMNIFY THE CLIENT AGAINST ALL EXPENSES, DAMAGES, CLAIMS AND LEGAL COSTS

ARISING OUT OF ANY FAILURE BY THE PHOTOGRAPHER TO OBTAIN CLEARANCE FOR WHICH HE/SHE WAS RESPONSIBLE IN

RESPECT OF 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 CASES THE CLIENT 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.

 

13.ELECTRONIC STORAGE

MANIPULATION OF THE IMAGE OR USE OF ONLY A PORTION OF THE IMAGE MAY ONLY TAKE PLACE THE PERMISSION OF THE

PHOTOGRAPHER.

 

14.APPLICABLE LAW

THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF ENGLAND, WALES AND SCOTLAND.

 

15.VARIATION

THESE TERMS AND CONDITIONS SHALL NOT BE VARIED EXCEPT BY AGREEMENT IN WRITING.