These terms and conditions shall be effective in relation to all dealings
with Hugh Burden Photographer. This agreement is governed by the laws
of England and Wales and is not to be varied except in agreement in
writing. March 2006
01. 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 Hugh
Burden 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 Hugh Burden Photographer's client. "Photographs"
means all photographic material furnished by Hugh Burden Photographer,
whether transparencies, negatives, prints or any other type of physical
or electronic material.
02. COPYRIGHT
The entire copyright in the Photographs is retained by Hugh Burden
Photographer at all times throughout the world.
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03. OWNERSHIP
OF MATERIALS Title to all Photographs remains the property
of the Hugh Burden Photographer. When the Licence to Use the material
has expired the Photographs must be returned to Hugh Burden Photographer
in good condition within 30 days.
04. 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 Hugh Burden 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 Hugh Burden Photographer's permission.
Accordingly, even where any form of 'all media' Licence is granted,
Hugh Burden 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.
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04. USE ON
COVER If a cover shot is taken out of a session, which
was not a specific cover shoot, Hugh Burden Photographer, will be
entitled to a further fee.
05. EXCLUSIVITY
The Agency and Advertiser will be authorised to publish the Photographs
to the exclusion of all other persons including Hugh Burden Photographer.
However, Hugh Burden 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 work. After the exclusivity period indicated in the Licence
to Use the Photographer shall be entitled to use the Photographs
for any purposes.
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07.
CLIENT CONFIDENTIALITY Hugh Burden Photographer
will keep confidential and will not disclose to any third parties
or make use of material or information communicated to him in confidence
for the purposes of the photography, save as may be reasonably necessary
to enable Hugh Burden Photographer to carry out his obligations
in relation to the commission.
08.
INDEMNITY Hugh Burden Photographer agrees to indemnify
the Agency and the Advertiser against all expenses, damages, claims
and legal costs arising out of any failure by Hugh Burden Photographer
to obtain any clearances for which he was responsible in respect
of third party copyright works, trade marks, designs or other intellectual
property. Hugh Burden 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 Hugh Burden Photographer
against all expenses, damages, claims and legal costs arising out
of any failure to obtain such clearances.
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09. 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 Hugh Burden Photographer reserves
the right to charge interest (Late Payment of Commercial Debt (Interest)
Act 1998) at 2% over bank rate from the date payment was due until
the date payment is made.
10. THE
DAY A normal day consists of up to 8 hours, including
a lunch break, between the hours of 8am and 7pm. On days, which
overrun Hugh Burden Photographer, reserves the right to charge a
further fee.
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11. EXPENSES
Where extra expenses or time are incurred by Hugh Burden 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 Hugh Burden Photographer 's normal rate to the Photographer in
addition to the expenses shown overleaf as having been agreed or
estimated.
12. INSURANCE
Clients should insure all properties entrusted to Hugh Burden Photographer
against all risks
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13. REJECTION
Unless a rejection fee has been agreed in advance, there is no right
to reject on the basis of style or composition.
14. CANCELLATION
& POSTPONEMENT A booking is considered firm
as from the date of confirmation and accordingly Hugh Burden Photographer
will, at his discretion, charge a fee for cancellation or postponement.
NOTE Any cancellation fee payable may include, additionally, any
cancellation charges payable by Hugh Burden Photographer in respect
of model fees, stylist fees, set build fees etc.
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15. RIGHT TO
A CREDIT If the box on the estimate and the licence
marked "Right to a Credit" has been ticked Hugh Burden
Photographer 's name will be printed on or in reasonable proximity
to all published reproductions of the Photograph(s). By ticking
the box overleaf Hugh Burden 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.
16. ELECTRONIC
STORAGE Manipulation of the image or use of only a portion of the image may only take place with the permission of Hugh Burden photographer.
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17.
DIGITAL ARCHIVAL Hugh Burden photographer accepts no responsability for long term archival of digital images unless otherwise agreed in writing. However images will be retained as long as possible while they remain retrievable
18.
IMAGE MANIPULATION Manipulation of the image or use of only a portion of the image may only take place with the permission of Hugh Burden photographer
19. APPLICABLE
LAW This agreement shall be governed by the laws
of England & Wales
20. VARIATION
These Terms and Conditions shall not be varied except by agreement
in writing.