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DEFINITIONS
For the purpose of this agreement ‘the Client’ shall, where the context so admits, include their respective assignees, sub-licensees and successors in title. ‘Photographs’ means all photographic material furnished by the Photographer, whether prints or any other type of physical or electronic material.
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COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
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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.
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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 the Photographer’s express permission. Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. Where use is restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted but may incur a further fee, to be mutually agreed.
Note : Agreement must be reached with the Photographer before the Photographs may be used for other purposes.
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EXCLUSIVITY
The Client may be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, 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 her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
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CLIENT CONFIDENTIALITY
The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out her obligations in relation to the commission.
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INDEMNITY
The Photographer agrees to indemnify the client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which she was responsible in respect of third-party copyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
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PAYMENT
Unless otherwise stated in writing, payment will be expected for the commissioned work on receipt of the relevant invoice.
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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 shown as having been agreed or estimated.
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REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
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CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at her discretion, charge a fee for cancellation or postponement.
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RIGHT TO A CREDIT
Unless the ‘Right to a Credit’ has been waived the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts 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.
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SUPPLY TO THIRD PARTIES
The licence only applies to the Client as set out in the Licence to Use Photographs.
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ELECTRONIC STORAGE
Save for the purposes of production 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.
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APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales.
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VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.
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