TERMS AND CONDITIONS


1.DEFINITIONS

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;

"Photographs" "picture" and "image" all mean photographic material furnished by the Photographer, whether digital files, transparencies, negatives, prints, artwork or any other type of physical or electronic material. The term reproduction includes any form of publication or copying of the whole or part of any picture whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage. Or for any use as artist's reference or illustration, or in a layout or presentation.

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;

The Photographer (Richard Pearce) is the Author of the photograph or the Photographer.

The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);

For the purpose of this agreement Rich Pearce Photography will be referred to as “Rich Pearce“. The visitor to the site, whether representing an organisation or not, and engages in any business with Rich Pearce shall be referred to as the "Client."

These terms and conditions represent the entirety of the agreement between Rich Pearce Photography and the Client. Any variation is only applicable when agreed in advance and in writing.


2. COPYRIGHT


The entire copyright in the Photographs is retained by the Photographer at all times throughout the world and across all jurisdictions and is administered through Rich Pearce Photography.


Title to all photographs remains the property of Rich Pearce.


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 and any hard and electronic copies of the images must be deleted from all hard drives, servers and any other location where they may have been stored. Images must also be removed from all websites that they have been placed on; both those owned or used by the client, affiliated websites, as well as third party websites including social media sites.



4. USE


The License 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 to the Client alone. No use may be made of the images until full and final payment – including any late payment charges that may have been levied.


Permission in writing may be granted for image use before receipt of payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice.


The License only applies to the Client 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' License is granted, the photographer's permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sub-licensing through a photo library.


Permission to use the Photographs for purposes outside the terms of the License will normally be granted upon payment of an additional fee, which must be agreed with the Photographer 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. The right to reproduce, store (electronically or otherwise) or use in any way any image supplied by Rich Pearce is personal to the Client and may not be assigned to any third party without Rich Pearce's prior written consent. Clients may not pass on copies of images or give permission to use images to any third party outside the remit of the agreed brief. The standard License of Use shall be 'editorial use only, two years only, uk only'.


In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Rich Pearce Photography free of charge within two weeks. In other media, evidence of use must be made available if requested.


5. EXCLUSIVITY

After any agreed exclusivity period indicated in the License to Use, the Photographer shall be entitled to use the Photographs for any purposes. The Photographer retains the right 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 work.


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. INDEMNITY


While Rich Pearce 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 or its caption;


The Client agrees to indemnify Rich Pearce 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 Rich Pearce Photography;


It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Rich Pearce 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. In the event that the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify Rich Pearce Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.


The Photographer shall only be responsible for obtaining clearances, with regard to model releases, third party copyright works, trademarks, designs or other intellectual property, if this has been expressly agreed in writing before the shoot. Unless expressly agreed in writing between the Client and the Photographer, the Client shall be responsible for obtaining such prior clearance and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.


8. MANIPULATION


The client may not alter, may not add, may not manipulate an image by means of computer or any other technique with the aim to ridicule, distort, or insult the subject in the photograph or the service provided.


9. BRIEF


The Client must supply Rich Pearce with a full brief at least 48 hours prior to the arranged photoshoot. If the client expressly requires a certain photograph of a certain person / people / automobile / scene / object to be taken, then this must be clearly stated within the brief. If the Client requires images captured of certain persons, then it is the Clients responsibility to ensure that Rich Pearce is aware of who said persons are, where they will be at the event, and when they have arrived at the event. If this prior preparation is not provided, Rich Pearce cannot provide a guarantee that the requested images are captured. The Client must provide all requests within the brief to be served no later than 48 hours prior to the photoshoot / event.


10. CAPTIONS


While Rich Pearce takes reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors, miscommunication and express instruction.


11. PAYMENT


If required by the client, Rich Pearce must be supplied by the client,  a PO number, within 24 hours following the execution of the commissioned work;


Payment by the Client for the commissioned work will be due within the number of days stated on the relevant invoice. If the invoice is not paid, in full, within the stated time period of the date of the invoice, 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. The photographer also reserves the right to charge an additional fee - this will be of the amount stated in Late Payment Legislation 1998 (2002) under their compensation guideline rates. The interest rate added for late payment is a daily rate and is charged at in line with Statutory interest of 8% plus the Bank of England base rate;


A fee of £17 (excluding VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.


Payment by BACS is preferred and bank details will be provided on the invoice.


12. EXPENSES


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 previously agreed or estimated. The Client will be liable to incur additional expenses if further requests are added to the original brief.


13. REJECTION


Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.


14. BOOKINGS, CANCELLATION & POSTPONEMENT


Once the Client has made a booking (verbally or written) for a specific time and date and this date/time has been confirmed, Rich Pearce Photography will not accept any other work from other clients for those times and dates;


A booking is considered as an acceptance of a contract between the parties which will begin from the date of confirmation and accordingly the Photographer will charge a fee for cancellation or postponement. If the cancellation is made within 24 hours of the shoot date the agreed fee must be paid in full. If the cancellation is made between 7 days and 24 hours before the agreed date of the shoot, then 50% of the agreed fee or day rate must be paid.



15. RIGHT TO A CREDIT


The "Right to a Credit" is required in during all publications any image supplied by Rich Pearce and the Photographer's name must be printed on or in reasonable proximity to all published reproductions of the Photograph(s). 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. The accreditation text should read 'Rich Pearce Photography'.


16. META DATA


All digital images are supplied with caption information, copyright data and Meta Data embedded. The Client must never remove, or attempt to remove this data from the images.


17. ELECTRONIC STORAGE


Save for the purposes of reproduction for the licensed 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.



18. APPLICABLE LAW


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 that they will not accept electronic service. If the Client does not accept electronic service of documents, the same must be expressed at the outset of instruct so that hardcopy documentation may be exchanged between the Parties.

Using Format