1. DEFINITIONS
For the purpose of this agreement "the Agency" and "the Advertiser" shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the Photographer's client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both "the Agency" and "the Advertiser" shall be interpreted as references to the Photographer's client. "Photographs" means all photographic material furnished by Jason Butcher Photography, whether transparencies, negatives, prints or any other type of physical or electronic material whether still or motion footage.
2. COPYRIGHT
The entire copyright in the Photographs is retained by Jason Butcher Photography at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of Jason Butcher Photography (hereafter known as JBP). When the Licence to Use the material has expired the Photographs must be returned to the JBP in good condition within 30 days, or Deleted / Removed from digital systems.
4. USE
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 JBP's 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 Agency is put into receivership or liquidation. The Licence only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without JBP's permission. Accordingly, even where any form of 'all media' Licence is granted, the photographer's permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sublicensing through a photolibrary. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. No licence is granted for any imagery unless it has been supplied as a Finished Image File, as in the case of stills, and paid for in full as above. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.
5. EXCLUSIVITY
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including JBP. However, JBP 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 our work. After the exclusivity period indicated in the Licence to Use JBP shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
JBP will keep confidential and will not disclose to any third parties or make use of material or information communicated to us in confidence for the purposes of the photography, save as may be reasonably necessary to enable JBP to carry out our obligations in relation to the commission.
7. INDEMNITY
JBP agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by JBP to obtain any clearances for which JBP was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. JBP shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify JBP against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
8. PAYMENT
Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days JBP 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. Quotations and Estimates will remain valid for 30 days from the date supplied.
9. EXPENSES
Where extra expenses or time are incurred by JBP as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at the JBP's normal rate to JBP in addition to the expenses shown overleaf as having been agreed or estimated.
10. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly JBP will, at our discretion,charge a fee for cancellation or postponement. Generally bookings cancelled/postponed within 24hrs (working) will be charged at 100%, and bookings cancelled/postponed within 48hrs (working) will be charged at 50%. Any bought in costs will be charged for in full.
12. RIGHT TO A CREDIT
If the box on the estimate and the licence marked "Right to a Credit" has been ticked the Photographer's name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf JBP 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.
13. 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 JBP. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
14. PURCHASE ORDERS
All commissions shall be accompanied by a valid Purchase Order, signed by an authorised person within the Agency. JBP reserve the right to invoice the Agency without a Purchase Order No. and / or Job No., should it not be supplied within 5 days of the shoot.
15.APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
16. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.