1. Definitions
For the purposes of this agreement, “The Photographer” is Jack Francis trading as Jack Francis Photography Photography and “the Client” is the booker. “Images” means any images furnished by The Photographer, whether photographs, prints or other type of physical or electronic material”.
2. Copyright and Ownership of Materials
The entire copyright, title, and intellectual property rights of any Images will remain that of The Photographer at all times.
3. Right to a Credit
The Photographer asserts both his moral right to be identified as the author of his work and the right to a credit (where possible) is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. Please credit ‘Jack Francis Photography’.
4. Use
- Images are to be used as agreed at the time of booking and at the time of agreeing the fee. The licence to use is limited to the use and period of time specified on The Photographers booking form and no other use may be made of the Images without the Photographers express permission. An agreement must be reached with The Photographer before Images are used for any other purpose or after the licence to use has expired.
- Manipulation of the Images or use of only a portion of Image may only take place with the permission of the Photographer.
- When the license to use has expired an additional charge has to be agreed for extended usage with the Photographer.
5. Exclusivity
- The usage rights granted 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 (save for the purpose of the work by the Client of such reproduction/usage rights/PR).
- The Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
- The Photographer retains the right in all cases to use the Images covered by this agreement at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.
6. Client confidentiality
The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him, save as to be reasonably necessary to enable the Photographer to carry out his obligations in relation to the work.
7. Booking
- The Client will be required to provide information requested by the Photographer via email such as date, nature of shoot, time required, location and contact details. On receipt information, The Photographer will send an email as confirmation. The booking will then be considered Confirmed.
- Once the Client has made a booking for a specific time and date and this date/time has been Confirmed by The Photographer, The Photographer will not accept any other work from other clients for those times and dates.
8. Cancellation or Postponement by the Client
- When a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule: (i) When a client cancels photography within less than 7 days business of any confirmed date, a fee of 20% of the booked time rate will be charged. (ii) When a client cancels photography within less than 24 hours of any confirmed date/time, a fee of 50% of the booked time rate will be charged. (iii) When a client cancels photography on the day of the confirmed date, the full fee will be charged.
- When a booking is confirmed, if it is subsequently postponed, the Photographer will at his discretion charge a fee for postponement.
- In addition, the client may be charged for any expenses incurred by The Photographer as a result of cancellation or postponement.
9. Cancellation by the Photographer
- The Photographer will make every effort to connect the Client with an alternative photographer if they are unable to attend the booked date due to circumstances beyond their control, such as sudden illness, injury, or unforeseen events like crime or flooding. If such a cancellation occurs, or in the rare case of total photographic failure, the Photographer's liability will be limited to providing a full refund of any fees paid by the Client at that time.
10. Rejection
Unless a rejection fee is agreed in advance, there is no right to reject the Images on the basis of style or composition.
11. Charges and Timings
- When providing a quote, the Photographer's fee is set at the agreed rate. Any changes to the original brief requested by the Client may result in additional expenses and fees. Adjustments to the job's duration or delays will be reflected in increased fees based on the agreed hourly rate.
- The Photographer will communicate any timing issues and associated costs promptly. Should the job significantly deviate from the initial agreement, the Photographer may adjust the fee accordingly, with work pausing until contact is established if necessary. There is a mutual understanding between The Client and The Photographer that punctuality is important and respected by all parties.
- Incorrect booking information or failure to attend a scheduled session will result in the full fee being charged.
- If unforeseen circumstances affect the shoot, such as poor lighting or location restrictions beyond the Photographer's control, an additional fee may apply.
- Quoted fees cover up to 60 miles round trip, with extra mileage charged at 45 pence per mile. Congestion charges, tolls, and parking expenses will be invoiced as Photographer expenses.
12. Payment Terms and Payment
- Payment terms are strictly 30 days from the date of the relevant invoice (“the Due Date”) unless agreed in advance and in writing;
- The Photographer reserves the right to not commence any work until all due payments are received, unless agreed by the Photographer and Client.
- If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if it is less than 28 days from the issue date, and that The Photographer may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
- Payment by BACS is preferred and bank details will be provided on the invoice.
13. Liability and Indemnity
The client is responsible for ensuring that all required rights, model releases, or permissions necessary for reproduction are obtained. It is understood that the Photographer does not guarantee or promise that these rights, releases, or permissions have been or will be obtained, whether regarding the use of names, individuals, trademarks, registered designs, or copyrighted works depicted in any image. If the image issued or reproduced by or with the client's authorisation lacks the necessary rights, releases, or permissions, then the client agrees to compensate the Photographer for any expenses, damages, claims, or legal costs resulting from such failure.
14. Archiving of Images
All final images will be stored in a Google Drive by The Photographer & also be backed up to an external hard drive. Images may only be stored on the Google Drive for 1 year, so the Client must ensure these are downloaded in good time. If The Photographer loses images stored in Google Drive or they are stolen, The Photographer is not liable beyond 1 year of storage. Within 1 year, The Photographer is liable to the cost of the originals (a return of the original fee).
15. Applicable Law
This agreement shall be governed by the laws of England and Wales.