In instances where the Photographer's client is not a direct client (e.g. is an agency), all references in this agreement to “Client” shall be interpreted as references to the agency. "Photographs" means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
(i) The entire copyright in the Photographs is retained by the Photographer, Niall Hastie, at all times throughout the world.
(ii) Title to all photographs remains the property of the Photographer;
(iii) Niall Hastie asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988;
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.
4. LICENCE & USAGE
The Licence to use images only applies to the Client(s) as agreed at time of order: its benefit shall not be assigned to any third party without the Photographer's permission / prior agreement. 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.
5. CLIENT’S REPRESENTATIVE TO ATTEND/ADVISE
Client is responsible for sending an authorised representative to the assignment if they choose. If no representative is present, Client is obligated to accept Photographer's judgment as to the acceptability of the Images. Images may not be rejected on the basis of style or composition.
Payment by the Client will be expected within 14 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 14 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.
Deposits may be requested for Architectural, Commercial, Interior Design & Advertising (or similar) projects at a rate of 50% depending on size of project. This is not required for Real Estate commissions.
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 Client 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.
8. CANCELLATION / POSTPONEMENT
A booking is considered firm as from the date of confirmation/deposit and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the commission, plus 50 percent of Photographer's fee; however, if notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100 percent fee.
Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the commission occurs after photographer has begun travelling to location (excludes bad weather: see 9.) and 50 percent fee if postponement occurs less than two (2) business days before departure to location.
9. RELEASES & CLEARANCE
The Client shall be responsible for obtaining any required clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. Unless delivered to Client by Photographer, no model or property release exists, and it is Client's responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Photographer.
10. BAD WEATHER
Bad weather reshoot terms can be arranged with the photographer in advance if required.
Reproduction files include basic clean-up (color correction, spotting, simple blemishes removed) in the file charge. Any additional, or extensive, retouching required, or requested by the Client, will be billed at a rate quoted.
12. EXTENSIONS TO ESTIMATES
Where extra expenses or time are incurred by the Photographer 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 Photographer's normal rate to the Photographer in addition to the expenses as having been agreed or estimated.
All published usages (in print or on the internet) of images will be accompanied by a written credit to the Photographer within reasonable proximity (however, a credit is not required for Client’s own website pages).
14. ASSUMPTION OF RISK
Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.
15. APPLICABLE LAW
This agreement shall be governed by the laws of Scotland, and the U.K.
These Terms and Conditions shall not be varied except by agreement in writing.
Terms & Conditions based on standard AOP documentation.
COPYRIGHT © 2010-2017. All images and content are Copyright of Niall Hastie, and may not be used elsewhere without express permission.