TERMS & CONDITIONS
Commercial Photography
Commercial Photography
1. Terms and definitions
a) Alex Wroe is the Photographer and Author of all work.
b) Alex Wroe Photography (‘AWP’) is the trading name of the Photographer and administers the licensing of all works by the Photographer and is as such the Licensor.
c) The Client is the individual person or individual organisation that is understood by all sides to be the ultimate Licensee and end-user of images licensed by AWP, regardless of whether a third party arranges and is invoiced for the transaction on the Client’s behalf.
d) A Commissioning Client commissions the Photographer to take photographs on their behalf.
e) These terms and conditions represent the entirety of the agreement between Photographer and Client. Any variation is only applicable when agreed in advance and in writing.
2. Copyright and ownership of images
a) As Author of the work, full copyright of images is retained by the Photographer, in all territories and at all times, and is administered by AWP.
b) Title to all photographs remains the property of the Photographer.
c) Unless expressly stipulated, images will be licensed to Clients on a perpetual (non-expiring) basis without geographical limitation.
d) In accordance with Sections 77 and 78 of the Copyright, Designs and Patents Act 1988, Alex Wroe asserts his right, as Author, to being credited wherever and whenever possible upon reproduction of images by the Client.
a) As Author of the work, full copyright of images is retained by the Photographer, in all territories and at all times, and is administered by AWP.
b) Title to all photographs remains the property of the Photographer.
c) Unless expressly stipulated, images will be licensed to Clients on a perpetual (non-expiring) basis without geographical limitation.
d) In accordance with Sections 77 and 78 of the Copyright, Designs and Patents Act 1988, Alex Wroe asserts his right, as Author, to being credited wherever and whenever possible upon reproduction of images by the Client.
3. Use and reproduction
a) The Licence to use images comes into effect upon full and final payment of the invoice in respect thereof.
b) Reproduction rights are limited to the uses agreed and clearly specified on the invoice. These will fall under two main categories: (i) Promotional and (ii) Commercial. Images will be licensed by AWP either on a Promotional or Promotional+Commercial agreement at the outset. Where a Promotional-only license is purchased, the Client can purchase Commercial rights to the images at a later date and should contact AWP to arrange this ahead of any image being used in a Commercial context.
c) Commissioning Clients receive Promotional+Commercial reproduction rights to all final delivered images as standard and as covered by the agreed commission fee.
d) Reproduction rights assigned to Commissioning Clients are exclusive to said Client for a period of three calendar months unless an extension is negotiated and agreed in writing.
e) Reproduction rights are personal to the Client and may not be assigned nor may any image submitted to the Client be loaned or transferred to third parties for any reason unrelated to the Client exercising their own reproduction rights under Licence.
f) Any reproduction rights granted are by way of Licence and no partial or other assignment of copyright shall be implied.
a) The Licence to use images comes into effect upon full and final payment of the invoice in respect thereof.
b) Reproduction rights are limited to the uses agreed and clearly specified on the invoice. These will fall under two main categories: (i) Promotional and (ii) Commercial. Images will be licensed by AWP either on a Promotional or Promotional+Commercial agreement at the outset. Where a Promotional-only license is purchased, the Client can purchase Commercial rights to the images at a later date and should contact AWP to arrange this ahead of any image being used in a Commercial context.
c) Commissioning Clients receive Promotional+Commercial reproduction rights to all final delivered images as standard and as covered by the agreed commission fee.
d) Reproduction rights assigned to Commissioning Clients are exclusive to said Client for a period of three calendar months unless an extension is negotiated and agreed in writing.
e) Reproduction rights are personal to the Client and may not be assigned nor may any image submitted to the Client be loaned or transferred to third parties for any reason unrelated to the Client exercising their own reproduction rights under Licence.
f) Any reproduction rights granted are by way of Licence and no partial or other assignment of copyright shall be implied.
4. Definitions of reproduction rights
a) A Promotional licence is deemed by AWP to cover the following uses:
i) Internal communications. In-house staff publications printed or online. Exhibition within Client premises.
ii) Client’s website
iii) Client’s social media accounts
iv) Press releases
v) Awards submissions and related press coverage
vi) Printed company literature
vii) Print and online magazine or newspaper editorial
a) A Promotional licence is deemed by AWP to cover the following uses:
i) Internal communications. In-house staff publications printed or online. Exhibition within Client premises.
ii) Client’s website
iii) Client’s social media accounts
iv) Press releases
v) Awards submissions and related press coverage
vi) Printed company literature
vii) Print and online magazine or newspaper editorial
b) A Commercial license is deemed by AWP to cover the following uses:
i) Books
ii) Advertising
iii) Printed promo material for retail
i) Books
ii) Advertising
iii) Printed promo material for retail
5. Client confidentiality
a) The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated 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.
a) The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated 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.
6. Indemnity
a) 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 he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property.
b) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot.
c) 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.
a) 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 he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property.
b) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot.
c) 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.
7. Payment
a) Payment by the Client is expected within 30 days of the issue of the relevant invoice. As per Term 3, usage rights are bestowed upon the Licensor once full and final payment has been received. The Photographer reserves the right to withhold un-watermarked hi-res files until full and final payment has been received.
b) 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 fo Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
a) Payment by the Client is expected within 30 days of the issue of the relevant invoice. As per Term 3, usage rights are bestowed upon the Licensor once full and final payment has been received. The Photographer reserves the right to withhold un-watermarked hi-res files until full and final payment has been received.
b) 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 fo Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
8. Rejection
a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
9. Cancellation and postponement
a) Once a booking is confirmed, the Photographer shall cease accepting work for the agreed date and time. As a result, if a confirmed booking is subsequently cancelled a cancellation fee will be charged to the client according to the following schedule:
i) More than 10 business days until confirmed booking, an administration charge of £20
ii) Less than 10 business days until confirmed booking, 20% of the agreed fee
a) Once a booking is confirmed, the Photographer shall cease accepting work for the agreed date and time. As a result, if a confirmed booking is subsequently cancelled a cancellation fee will be charged to the client according to the following schedule:
i) More than 10 business days until confirmed booking, an administration charge of £20
ii) Less than 10 business days until confirmed booking, 20% of the agreed fee
10. Applicable law
a) This agreement shall be governed by the laws of England & Wales.
a) This agreement shall be governed by the laws of England & Wales.