JIM JOHNSTON PHOTOGRAPHY LTD
TERMS & CONDITIONS
1.DEFINITIONS
TERMS / CONDITIONS
FOR THE PURPOSE OF THIS AGREEMENT THE CLIENT SHALL WHERE THE CONTEXT SO ADMITS INCLUDE THEIR RESPECTIVE ASSIGNEES, SUB-LICENSEES & SUCCESSORS IN TITLE. ‘PHOTOGRAPHS” MEANS ALL PHOTOGRAPHIC MATERIAL FURNISHED BY THE PHOTOGRAPHER, WHETHER TRANSPARENCIES, NEGATIVES, PRINTS, VIDEOS, DIGITAL IMAGES OR ANY OTHER TYPE OF PHYSICAL OR ELECTRONIC MATERIAL.
2.COPYRIGHT
AS THE CREATOR UNDER THE Copyright, Designs & Patents Act 1988 COPYRIGHT IN THE PHOTOGRAPHS IS RETAINED BY JIM JOHNSTON
3.OWNERSHIP OF MATERIALS
TITLE TO ALL PHOTOGRAPHS REMAINS THAT OF JIM JOHNSTON.
4.USE
USAGE 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 THESE INVOICES, A PURCHASE ORDER OR WITHOUT JIM JOHNSTON’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.THE LICENCE ONLY APPLIES TO THE CLIENT AND PRODUCT AS STATED AND SHALL NOT BE ASSIGNED OR RESOLD TO A THIRD PARTY WITHOUT PERMISSION. 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).ALL FURTHER LICENCES WILL BE SUBJECT TO THESE TERMS & CONDITIONS. DIGITAL FILES MAY CONTAIN COPYRIGHT AND OTHER INFORMATION EMBEDDED IN THE HEADER OF THE IMAGE FILE OR ELSEWHERE; REMOVING AND/OR ALTERING SUCH INFORMATION IS STRICTLY PROHIBITED AND CONSTITUTES VIOLATION OF THE COPYRIGHT ACT. ALL FEES AND EXPENSES PAYABLE UNDER THIS AGREEMENT ARE REQUIRED IRRESPECTIVE OF WHETHER CLIENT MAKES ACTUAL USE OF THE IMAGES OR THE LICENSES TO USE THEM. UNLESS SPECIFICALLY PROVIDED ELSEWHERE IN THIS DOCUMENT, NO REPROGRAPHIC, REPRINT, REPUBLICATION OR OTHER SECONDARY REPRODUCTION USAGES MAY BE MADE.
5.EXCLUSIVITY
WITHIN A EXCLUSIVITY PERIOD THE CLIENT WILL BE AUTHORISED TO PUBLISH THE PHOTOGRAPHS TO THE EXCLUSION OF ALL OTHER PERSONS.JIM JOHNSTON RETAINS THE RIGHT IN ALL CASES TO USE THE PHOTOGRAPHS AT ANY TIME AND IN ANY PART OF THE WORLD FOR PROMOTING HIS WORK ONLINE AND IN HIS PORTFOLIO FOR THE PURPOSE OF ADVERTISING.
6.CLIENT CONFIDENTIALITY
JIM JOHNSTON WILL KEEP CONFIDENTIAL AND WILL NOT DISCLOSE TO ANY THIRD PARTY OR MAKE USE OF ANY MATERIAL, SAVE AS MAY BE NECESSARY TO ENABLE JIM JOHNSTON TO CARRY OUT HIS OBLIGATIONS IN RELATION TO THE COMMISSION.
7.INDEMNITY JIM JOHNSTON AGREES TO INDEMNIFY THE CLIENT AGAINST ALL EXPENSES, DAMAGES,CLAIMS & LEGAL COSTS ARISING OUT OF ANY FAILURE TO OBTAIN ANY CLEARANCES FOR WHICH HE IS RESPONSIBLE IN RESPECT OF THIRD PARTY COPYRIGHT WORKS,TRADE MARKS,DESIGNS OR OTHER INTELLECTUAL PROPERTY.JIM JOHNSTON 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 JIM JOHNSTON AGAINST ALL EXPENSES,DAMAGES,CLAIMS & LEGAL COSTS ARISING OUT OF ANY FAILURE TO OBTAIN SUCH CLEARANCES.
8.PAYMENT
PAYMENT BY THE CLIENT WILL BE EXPECTED FOR THE COMMISSIONED WORK WITHIN 30 DAYS OF ISSUE OF THE RELEVANT INVOICE. IF THE INVOICE IS NOT PAID , IN FULL,WITHIN 30 DAYS JIM JOHNSTON RESERVES THE RIGHT TO CHARGE INTEREST AT THE RATE PRESCRIBED BY THE LATE PAYMENT OF COMMERCIAL DEPT (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 JIM JOHNSTON AS A RESULT OF ALTERATIONS TO THE ORIGINAL BRIEF BY THE CLIENT, OR OTHERWISE AT THEIR REQUEST, THE CLIENTSHALL GIVE APPROVAL TO AND BE LIABLE TO PAY SUCH EXTRA EXPESES OR FEES IN ADDITION TO THE EXPENSES SHOWN AS BEING AGREED OR ESTIMATED.
10.REJECTION THERE IS NO RIGHT TO REJECT PHOTOGRAPHS ON THE BASIS OF STYLE OR COMPOSITION. CLIENT WILL BE CHARGED 100% FEE AND EXPENSES FOR ANY RESHOOT REQUIRED BY CLIENT.
11.CANCELLATION & POSTPONEMENT A BOOKING IS CONSIDERED FIRM AS FROM THE DATE OF CONFIRMATION AND ACCORDINGLY JIM JOHNSTON WILL AT HIS DISCRETION CHARGE CLIENT FOR ALL EXPENSES RELATED TO CANCELLATIONS OR POSTPONEMENT.CANCELLATION WITHIN 72 HOURS 50% OF FEE AND ANY EXPENSES INCURRED 48 HOURS 100% FEE AND ANY EXPENSES INCURRED.THE CLIENT WILL BE CHARGED 100% FEE IF POSTPONEMENT IS DUE TO WEATHER CONDITIONS ON LOCATION OR 50% IF POSTPONEMENT DUE TO WEATHER CONDITIONS IS BEFORE DEPARTURE. THE CLIENT IS RESPONSIBLE FOR TAKING OUT WEATHER INSURANCE.
12.APPLICABLE LAW THE LAWS OF ENGLAND, SCOTLAND & WALES GOVERN THIS AGREEMENT.