|Terms and Conditions for Photography Commissions
1. These general terms & conditions apply to all private and commercial commissions performed by Adrian Capps. Not all the points here will be relevant to all types of commission.
|11. Copyright and Reproductions: The photographer owns and retains the copyright for all images created, work released is covered by a creative commons licenses which allow the client to copy, reproduce and print the supplied images for non commercial use.
13. Photographic Materials: All photographic materials, including but not limited to digital files, contact sheets, proofs and previews are the exclusive property of the photographer.
14. Client’s Usage: For private commissions, photographs may be used for private, non-commercial purposes and for the client’s own self-promotion. Digital fies, except digital contact sheets, may be used on the clients private, personal website, blog, employer’s website and on social and professional networking sites, subject to Authorship Credit. For all other commissions, usage as per agreement. The photographs from a commercial (non-private client) assignment may be used for a period of one year for the agreed purpose in the agreed media and the agreed locale, unless otherwise agreed.
15. Authorship Credit: Authorship Credit shall accompany the photographs when they are reproduced, unless otherwise specified. If the required Authorship Credit is omitted, the parties agree that liquidated damages for the omission shall be three times the invoiced amount.
16. Specimen copies and samples: Client shall provide the photographer with 2 copies of any usage or advise page URLs of Internet usage.
17. Additional Usage: If the client wishes to make additional uses, permission from the photographer is required and the payment of an additional fee may be requested.
18. Unauthorised Usage: Any usage which is not expressly permitted is considered unauthorised. A fee will be charged.
19. Re-shoots: If the photographer is required by the client to re-shoot the assignment, additional fees and expenses are charged in full. The photographer shall be given first refusal to perform any re-shoot.
20. Assignment: Neither this agreement nor any rights or obligations hereunder shall be assigned by either of the parties, except that the photographer shall have the right to assign money due hereunder. Both client and any party, on whose behalf the client has entered into this agreement, shall be bound by this agreement and shall be jointly and severally liable for full performance hereunder, including but not limited to payments due to the photographer.
21. Photographer’s Usage: Unless otherwise specified in the agreement, the photographer may use the photographs for his own self promotion, including his portfolio, website gallery, printed marketing materials, articles written about the photographer, the photographer’s own book projects,
|exhibitions or photographic competitions, including print sales resulting from exhibition. For private commissions, all work is processed in-house, except ‘photo books’. Under no circumstances will photographs from a private commission be sold to anybody but the client. If the of an editorial or other commercial commission is a person, the photographer may offer to sell prints and digital files to that person after the client’s first publication date.
22. Failure to perform: If the photographer cannot perform this agreement due to a casualty, accident, illness, fire, act of God, terrorism, equipment malfunction or other cause beyond the photographer’s control, the photographer will offer to re-schedule at no extra cost to the client or return the deposit to the client but shall have no further liability with respect to the agreement. In the that the photographer fails to perform for any other reason, the photographer is not liable for nay amount in excess of money already received from the client. The photographer shall have no further liability for losses, including consequential losses, incurred by the client.
23. Loss and damage of materials: In the event that photographic materials are damaged in processing, lost through equipment malfunction, lost in the mail, or otherwise lost or damaged, the photographer will offer to re-shoot at no extra cost to the client, but shall have no further liability of losses, including consequential losses, incurred by the client.
24. Travel & Transport: It is agreed that the photographer is not liable for any expenses, losses, damages, or consequential damages and losses as a result of delays, cancellations, strike action, accidents, breakdowns or Acts of God or terrorism in travel or transport that prevent him from getting to the agreed location.
25. Releases: The client shall indemnify and hold harmless the photographer against and all claims, costs and expenses, including legal fees, due to uses for which no release was requested, uses which exceed the uses allowed pursuant to a a release, unauthorised uses, and all other uses by the client. It is understood that the client obtains any necessary releases unless otherwise agreed, and that the release also covers photographer’s usage as outlined above.
26. Miscellaneous: This agreement incorporates the entire understanding of the parties. Any modifications of this agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this agreement. This agreement shall be governed by the laws of the United Kingdom.