TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PHOTOGRAPHS PRODUCED BY PHOTOGRAPHY BY DAVE THOMPSON. By accepting these T&C’s you also give permission for Photography by Dave Thompson Ltd being able to use images from your event in promotional material both in print and online.
1. In this Agreement the terms (a) picture/image includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered by Photography by Dave Thompson, for purposes of reproduction: (b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection, artist’s reference or illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means (c) the Client is the person/company to whom the invoice is addressed.
2. (a) The entire copyright in the pictures is retained by Photography by Dave Thompson at all times throughout the world, unless otherwise stated. (b) Photography by Dave Thompson supplies images for reproduction, granting the Client a license to reproduce the images. No copyright of any pictures shall be transferred to the Client without an agreed fee in writing, which must be arranged before work is carried out. If any picture belonging to Photography by Dave Thompson is reproduced without prior agreement, any fee payable by the Client could become subject to an increase specified by Photography by Dave Thompson, which will not be less than 50% of the original invoice for the work carried out.
3. (a) Reproduction rights (licence) are strictly bound to the use and period of time written on Photography by Dave Thompson’s invoices. An agreement must be reached with Photography by Dave Thompson before the images are used for a any other purpose or after the licence period for use has expired. (b) Reproduction rights are not issued exclusively to the Client unless specified on the invoice. (c) Reproduction rights granted are personal to the Client and may not be re-assigned. No picture provided to the Client by Photography by Dave Thompson may be loaned or transferred to third parties except for the purpose of the exercise for which the photographer was hired. Sales by third parties are prohibited unless otherwise agreed. (d) Any reproduction rights granted are by way of a 12 month licence (unless otherwise agreed) (e) Photography by Dave Thompson always reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
4. The following terms are used when describing the reproduction rights granted by Photography by Dave Thompson to the Client: (a) Internal Use only: This provides the Client the right to use the images within a company for non-commercial purposes. This includes publication in free in-house magazines, not normally available to the public and includes editorial use in the Client’s intranet site. (b) PR and Press distribution: The right to use images under a 12month licence as described in section 3 (d) plus a licence for third parties to use images provided in print or electronic media in an editorial context. (c) Specified Use Only: The right to use the pictures once only for the purpose agreed before work is carried out or specified on the invoice. (d) Editorial: One reproduction of pictures supplied within one print edition of the specified title in editorial context only.
5. (a) Once the Client has made a booking for a specific time and date, Photography by Dave Thompson will not take any other work from clients for those times and dates. (b) If the booking is later cancelled, a cancellation fee will be charged to the Client in the following ways.
Should the booking be cancelled within three months of the wedding date, the full cost of the booking must be paid. If the booking is cancelled earlier, then the booking fee of £200 will be kept. Photography by Dave Thompson may also use the images from Engagement shoots and the Wedding day on any social media and the Photography by Dave Thompson website to showcase work.
6. (a) Dave Thompson of Photography by Dave Thompson edits every image for the Client and then delivers what he considers to be the best images from the event. Contact sheets (or their digital equivalent) are supplied on request to the client, the costs of which will be added to the invoice (b) All images produced by Photography by Dave Thompson are not to be manipulated without prior written permission from Dave Thompson (c) There is no right to reject work on the basis of style, composition or editing. Note: No authorisation is given for images to be supplied to third parties or other wedding suppliers without prior written permission.
7. (a) While Photography by Dave Thompson takes all reasonable care in the performance of this agreement, he shall not be liable for any loss or damage suffered by the Client or any third party arising from use or reproduction of any picture or its caption. (b) The Client agrees to indemnify Photography by Dave Thompson in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Photography by Dave Thompson. (c) It is the Client who must satisfy themself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Photography by Dave Thompson gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Photography by Dave Thompson against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
8. (a) These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement of copyright or non payment of our invoices where it will be non-exclusive. (b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
9. PAYMENT: Payment should normally be made by within 30days of the date at the top on the invoice as stated at the bottom. Wedding payments must be no later than four weeks of the wedding date. Late payments will be charged at 8.5% of the invoice total Clients are advised to send payment notifications to Photography by Dave Thompson once they have been processed.
10. GDPR – I will only keep your contact details such as email address and phone numbers for 3 months after the wedding/event that I cover. Any details that are produced on an invoice will have to be kept for 7 years should there be any need for HMRC to investigate book keeping. Your details are essential for me to be able to contact you and build a working relationship. None of them will be shared with any third parties. They are purely for me to be able to do my job as well for you as I can. All images are kept on password protected hard drives in my own home. After your wedding I may send you a questionnaire to aid me with my own company market research. By signing the wedding contract you agree to images being used online and in promotional material. If you do not wish for this to happen then you must tell me when the contract it signed. The photographer must also be made aware of any guests/individuals who may not wish to be photographed or have their image used online following your wedding/event.