Terms & Conditions
Terms and Conditions of Richard Southall - Photographer
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 the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
2. COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
3. 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.
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 the Photographer'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 the Photographer's permission. In the event that ownership of the agency is transfered to another legal entity the license will automatically be revoked and a new license must be purchased. 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. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.
Usage fees can be viewed here
5. EXCLUSIVITY
The Photographer does not give license exclusivity to "the Agency" and "the Advertiser" unless agreed upon in writing prior to commencement of work. The photographer retaines the right to issue secondary licenses through sale of the the images produced to 3rd parties. Also, 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/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes. Specifics of the license and exclusivity which are agreed with "the Agency" and "the Advertiser" will be clearly stated on the invoice issued.
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
The Agency and the Advertiser agrees to indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure by the Agency and the Advertiser to obtain any clearances for which he/she was responsible in respect of third party copy right 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 Agency 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.
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 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.
9. EXPENSES
Where extra expenses or time are incurred by the Photographer 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 Photographer's normal rate to the Photographer 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 the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
12. RIGHT TO A CREDIT
If written on the estimate/quotation and the invoice/licence marked "Right to a Credit" has been stated, the Photographer's name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By stating this, the Photographer also asserts his 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 the Photographer. Images cannot uploaded to photo libraries, file sharing sites or stored on 3rd party archives, databases or management software systems. Images can not be used for any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
14. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
15. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.
16. Data Mining
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to www.emphasisphotography.co.uk/www.richardsouthall.co.uk/www.emphasis.biz (the Websites) or any services provided via, or in relation to, the Websites. This includes using (or permitting, authorising or attempting the use of):
(a) Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same.
(b) Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.