one thousand words - Commercial Photography
1 Definitions
1.1) one thousand words limited trading as ‘one thousand words photography is referred to as "The Photographer".
1.2) ‘Client’ means a person, firm, partnership, limited company or public limited company who is a party to a contract with the photographer. Where the client consists of two or more parties whether acting in an agency and principal relationship or not, all obligations of the client are joint and several obligations of such persons. For the purpose of this agreement ‘the Client’ shall, where the context so admits include the Client’s assignees, sub-licensees and successors in title.
1.3) ‘Photographs’ means all photographic material furnished by the Photographer, whether, negatives, transparencies, prints or any digital images on disc or electronic material or any other type of physical material .
2 Copyright
2.1) In accordance with the Copyright, Designs and Patents Act 1988, the entire copyright of all images and photographs created by the Photographer is owned and retained by the Photographer at all times throughout the world.
2.2) ‘one thousand words photography’ asserts both their moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
2.3) Unless otherwise stated in writing the photographer will extend a limited licence to the client allowing them to publish all images and photographs created for them by the photographer for a period of one year from the invoice date. Where possible the client will credit the photographer when the images are displayed.
3 Ownership of Materials
3.1) Title to all Photographs remains the property of the Photographer.
4 Client Confidentiality
4.1) The Photographer will keep confidential and will not disclose to any third parties information communicated to him in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission.
5 Indemnity
5.1) The Client is responsible for obtaining from the appropriate Statutory Authority all necessary permits, licences, etc., for the Photographer to undertake the photographic assignment and the Client agrees to give every assistance in the submission of the necessary applications.
5.2) The Photographer shall only be responsible for obtaining relevant third party copyright works, trade marks, designs or other intellectual property if this has been expressly agreed in writing 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 failure to obtain such clearances.
5.3) The Photographer and the Client shall indemnify the other of them from and against any claims arising out of loss, damage, death and/or injury to their respective personnel, equipment and other property unless due to or directly arising from the negligence or wilful misconduct of the other of them or their personnel notwithstanding that the same are in the other's care custody and control.
6 Payment
6.1) Acceptance of the terms of the proposal will be indicated by the signing and returning to the Photographer of the Photographer’s Acceptance Form or shall be in writing by the Client to the Photographer and all invoices will be delivered to the Client and shall be payable within 30 days of the date on the invoice of such delivery, failing which if after 30 days it shall bear interest at 8 percent per annum above The Bank of England Bank base rate. This is in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, amended by the Late Payment of Commercial Debts Regulations 2002 (‘the ACT’) or any subsequent amendment thereof.
6.2) All monies due and owing by the Client shall become due and payable forthwith in the event of the bankruptcy or insolvency or in the case of a limited company, limited liability partnership or public limited company, the appointment of a receiver, administrative receiver, administrator or liquidator, or the liquidation (whether compulsory or voluntary) of the client, or if any of the aforementioned are threatened.
7 Expenses
7.1) 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 overleaf as having been agreed or estimated.
8 Cancellation and Postponement
8.1) 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.
8.2) Neither the Photographer nor the Client shall be responsible for failing to perform the obligation hereunder in the event that performance is delayed or frustrated by the following causes:
Act of God, war (whether declared or not), civil war, acts of terrorism, civil commotion riot, legal restraint, governmental or like interference, sabotage, strikes, lock-outs, labour trouble, flood, lightning, droughts, earthquake, fire, explosion, blight, epidemic disease, or any other event or circumstance beyond the control of the Photographer and/or Client.
8.3) In the event of this Contract being delayed or frustrated by any of the above causes then the photographer shall be paid (a) in the case of delay any additional cost incurred by reason thereof or (b) in the case of frustration the cost of all work done up to the date of the frustrating event plus all legal and additional costs incurred directly attributable to the early termination of this agreement.
9 Rejection
9.1) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style and composition.
9.2) The choice of photographs supplied is that of one thousand words ltd, it may be influenced by the client’s desires but the selection procedure is ultimately at the discretion of one thousand words ltd.
10 Applicable Law
10.1) This contract shall be construed in accordance with the Laws Of England and the Parties agree to submit to the jurisdiction of the English Courts.
11 Variation
11.1) These Terms and Conditions shall not be varied except by agreement in writing