TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PHOTOGRAPHS PRODUCED BY ROUTE ONE PHOTOGRAPHY/PHOTOGRAPHY BY DAVE THOMPSON.
By accepting these T&C’s you also give permission for Route One Photography/Photography by Dave Thompson Ltd being able to use images from your event in promotional material both in print and online.
1. In this Agreement the terms (a) picture/image includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered by Route One Photography, for 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, artist’s reference or illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means (c) the Client is the person/company to whom the invoice is addressed.
2. (a) The entire copyright in the pictures is retained by Route One at all times throughout the world, unless otherwise stated or previously agreed. (b) Route One Photography supplies images for reproduction, granting the Client a license to reproduce the images. No copyright of any pictures shall be transferred to the Client without an agreed fee in writing, which must be arranged before work is carried out. If any picture belonging to Route One Photography is reproduced without prior agreement, any fee payable by the Client could become subject to an increase specified by Route One Photography, which will not be less than 50% of the original invoice for the work carried out.
3. (a) Reproduction rights (licence) are strictly bound to the use and period of time written on Route One Photography invoices. An agreement must be reached with Route One Photography before the images are used for a any other purpose or after the licence period for use has expired. (b) Reproduction rights are not issued exclusively to the Client unless specified on the invoice. (c) Reproduction rights granted are personal to the Client and may not be re-assigned. No picture provided to the Client by Route One Photography may be loaned or transferred to third parties except for the purpose of the exercise for which the photographer was hired. Sales by third parties are prohibited unless otherwise agreed. (d) Any reproduction rights granted are by way of a 12 month licence (unless otherwise agreed) (e) Route One Photography always reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
4. The following terms are used when describing the reproduction rights granted by Route One Photography to the Client: (a) Internal Use only: This provides the Client the right to use the images within a company for non-commercial purposes. This includes publication in free in-house magazines, not normally available to the public and includes editorial use in the Client’s intranet site. (b) PR and Press distribution: The right to use images under a 12month licence as described in section 3 (d) plus a licence for third parties to use images provided in print or electronic media in an editorial context. (c) Specified Use Only: The right to use the pictures once only for the purpose agreed before work is carried out or specified on the invoice. (d) Editorial: One reproduction of pictures supplied within one print edition of the specified title in editorial context only.
5. (a) Once the Client has made a booking for a specific time and date, Route One Photography will not take any other work from clients for those times and dates. (b) If the booking is later cancelled, a cancellation fee will be charged to the Client in the following ways. When a booking is cancelled within 2 weeks of the confirmed date, a fee of 50% of the booked time rate will be invoiced. Should a client cancel work within one week of the confirmed date, a fee of 100% of the booked time rate will be invoiced. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Route One Photography.
6. (a) Dave Thompson of Route One Photography edits every image for the Client and then delivers what he considers to be the best images from the event. Contact sheets (or their digital equivalent) are supplied on request to the client, the costs of which will be added to the invoice (b) All images produced by Route One Photography are not to be manipulated without prior written permission from Dave Thompson (c) There is no right to reject work on the basis of style, composition or editing.
7. (a) While Route One Photography takes all reasonable care in the performance of this agreement, he shall not be liable for any loss or damage suffered by the Client or any third party arising from use or reproduction of any picture or its caption. (b) The Client agrees to indemnify Route One 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 Route One Photography. (c) 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 Route One 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, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Route One Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
8. (a) These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement of copyright or non payment of our invoices where it will be non-exclusive. (b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
9. PAYMENT: Payment should normally be made by within 30days of the date at the top on the invoice as stated at the bottom. Late payments will be charged at 8.5% of the invoice total Clients are advised to send payment notifications to Route One Photography once they have been processed.