Michael Drummond Photography - Terms & Conditions - 2019
"The Photographer" meaning Michael Drummond of Michael Drummond Photography, UK, England..
"The Client" meaning any individual, group, organisation, or commissioning company with whom the Photographer enters into a contract for the services or sales of goods by the Photographer.
Acceptance of Terms and Conditions All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
Copyright and Usage Licenses :
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the Photographer is owned by the Photographer. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer shall only be carried out by the Photographer. The licence to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Photographer's stated payment terms.
Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer's invoice and/or quotation. An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the licence to use has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Photographers invoice and/or quotation.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
Usage of the Licensed Images is limited to use of such images as provided by the Photographer and the Client shall not manipulate any Licensed Photograph or make use of only part of any individual image without the prior written permission of the Photographer.
The Client agrees to fully indemnify the Photographer in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.
All original negatives, transparencies and digital files created by the Photographer remain the property of the Photographer. The Photographer will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.
The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
The Base Usage Rate (BUR) for images is £500 per image. Calculations for usage will be made using the Association of Photographers usage calculator.
Copyright breaches will charged at 3 times BUR or calculation of usage based on AOP usage calculator (whichever is higher) per image per breach
The Photographer shall not be responsible for obtaining any clearances in respect of third party copyright works, trade marks, designs or other intellectual property used in relation to the Assignment or any Usage Licence or extension thereof unless expressly agreed in writing prior to the shoot.
Cancellation Fees / Overruns
If a booking is cancelled by the Client within one working day of the starting time, the Photographer reserves the right to charge his full fee for the assignment. If a booking is cancelled within two working days of the starting time, the Photographer may charge 50% of his fee. For cancellations/postponements due to weather conditions, the Photographer reserves the right to charge his full fee and expenses due to weather conditions on location.
In such instances, the Photographer may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees etc), that he may have incurred prior or during the assignment taking place.
The photographer may make additional charges should an assignment overrun which is beyond the control of the Photographer ( e.g. including but not limited to; the Client requesting additional photographs over and above the Client's original brief etc).
Regarding all editorial uses and otherwise as additionally stated in the Estimate the Client shall procure that the Photographer’s name is printed on or in reasonable proximity to all published reproductions of the Licensed Images.
For all non-account Clients, payment for all products and services provided by the Photographer must be made upon completion of the photo shoot.
For authorised account holders, payment of the Photographer's invoice must be made within 30 days of the date of that invoice. The Photographer reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Photographer's invoice(s) within 30 days.
The photographer reserves the right to charge interest on all overdue invoices at a rate of 8% APR above the bank of England's interest rate until the said invoices have been paid in full. In the event an outside credit management or debt collection agency is required to get payment, the Photographer reserves the right to charge the Client for any fees incurred.
Retention of Title
The Photographer reserves the right to retain all of the Clients materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, the licence to reproduce images created by the Photographer will also be revoked until payment has been made.
Fees and Expenses
A 50% deposit may be required to confirm your booking. If this is not paid in full your booking may be cancelled and you will remain liable for any costs incurred
All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client. The Photographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Photographer shall endeavour to provide an indication of what these additional charges will be.
The Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of the Photographer's interpretation of the Clients brief. In the event of no Client representation, the Photographer's interpretation of the brief shall be deemed as correct.
The Photographer acknowledges that in the performances of the services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law.
The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.
Delivery of Products and Services
The supply of products and services are provided by the Photographer on a best endeavours basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
Prices & Terms
All prices shown within the Photographer's price list are subject to change without prior notice.
The Photographer reserves the right to amend these Terms and Conditions without prior notice.
The Photographer reserves the right make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.