Version 1.0 – updated April 2015
Part 0 : Defined terms
Photographer – Lamar Francois t/a Pictured by Lamar , to include any nominated representatives including assistants acting on his behalf.
Client – is subject to this agreement when services of the Photographer are requested.
Part I – Copyright and Image Use
- The photographer is to retain all copyrights to any images on a worldwide perpetual basis – images are licensed and strictly not to be sold.
- Any use of images made by the client must be in accordance to the license terms specified on the invoice, any unauthorised use of images mayo incur penalty fees.
- Image licenses are strictly non-transferrable to any third party to the client – any third party looking for use of the images must have a separate license with the photographer to do so.
- Without the express written permission of the photographer, images must be used entirely supplied by the photographer without any further manipulation or editing with the exception of cropping done to suit a particular medium.
- Where practically possible , images must be used with a credit line as agreed with the photographer. An example credit line “© Lamar Francois [year of publication] / Pictured by Lamar – picturedbylamar.co.uk” . If images are not credited sufficiently then the Client may be liable to a surcharge to reflect this.
Part II – Payment
- Unless otherwise agreed in writing the full balance of the invoice is to be due to the photographer strictly on a “Net 30” basis , that is to say that all fees must be paid by the client to the photographer within 30 days of receipt of invoice.
- No use of images may be made without the photographer’s express permission before full payment has been received.
- The photographer reserves the right to withdraw access to images in the event of non-payment – including in the event of insolvency.
- Any agreed additional expenses above and beyond basic photographic expenses (including but not limited to equipment hire, travel , overnight stay) are payable before the shoot is to commence.
- The photographer reserves the right to charge a non-refundable deposit, should it be deemed necessary as a condition of securing a booking.
- The photographer reserves the right to charge staged payments where payment is to be made to a schedule made in advance agreement with the photographer.
- Further to Part 2.6 the photographer reserves the right to withdraw all services if payments are not made to schedule . Rights to use of any images produced shall be forfeited in this case , similar to 2.3
- In the case of late payment , the photographer reserves the right to charge statutory interest on the amount of the invoice , which is currently 8% + the base rate as published by the Bank of England.
- A fee of £25 will be added to the invoice value for all reminder letters sent by the photographer to the client by recorded mail seeking payment of invoiced funds.
Part III – Rejection, Revisions, and Contingencies
- In the absence of a representative of the client, or an appointed art director during the shoot , the photographer’s interpretation of the brief given shall be deemed acceptable.
- Unless a rejection fee has been agreed before the commencement of the shoot the photographer does not allow any rights of rejection of the work on the basis of composition, style or editing.
- If any changes are made to the brief after this has been agreed result in additional costs , then the client will be liable for these additional costs directly.
Part IV : Cancellation fees
- In the event of cancellation the photographer reserves the right to charge cancellation fees according to the schedule shown below.
- Furthermore to part 4.1 any cancellation clause may result in forfeiture of any deposits charged to the photographer by the client in order to secure a booking.
Cancellation fee schedule
- Between 22 and 30 days before shoot – up to 25% of quoted fees
- Between 14 and 21 days before shoot – up to 50% of quoted fees
- Between 13 and 7 days before shoot – up to 75% of quoted fees
- Less than 7 days before shoot – up to 100% of quoted fees
Part V – Liability
- The photographer cannot be held liable, to the extent permitted under United Kingdom Law for any losses to the client as a direct , or indirect result of any photographic work done by the client , including claims by third parties.
- The photographer agrees to indemnify clients against any losses or damages resulting from a breach of these terms.
- Any liability caused by the photographer to the client shall not exceed the value of the quoted sum for photography services or that determined by the photographer’s professional indemnity cover.
- 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/she was responsible in respect of third party copyright works, trademarks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot.
Part VI – Client Confidentiality
- The photographer agrees to keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the photographer to carry out his/her obligations in relation to the commission.