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 the 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 the Photographer's client. "Photographs" means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer.
You are prohibited from using the Work for any commercial purpose, including: selling or distributing electronic copies of the Photographs as stand alone files or as part of a product from which a person is able to extract the Photographs as a stand alone file; distributing the Photographs in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Photographs as part of a trademark, service mark or logo. Owner retains all other rights in the Photographs and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay Photographer the amount specified upon receipt of the Photographs.
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the 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/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
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/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.
The Photographer agrees to indemnify the Agency and the Advertiser 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, trade marks, designs or other intellectual property. The 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 the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
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 The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
Where extra expenses or time are incurred by the 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 the Photographer's normal rate to the Photographer in addition to the expenses agreed or estimated.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
12. RIGHT TO A CREDIT
'Carl Hewlett/Stand Out Studio Ltd' will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his/her 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.
13. ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image(s) or use of only a portion of the image(s) may only take place with the permission of the Photographer.
14. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales.
These Terms and Conditions shall not be varied except by agreement in writing.
It is agreed that the following terms set out the total agreement made between the parties and that no
variation or modification of this contract shall be effective unless agreed by both parties in writing.
The Booking Fee of 15% may be made by credit or debit card, PayPal or BACS transfer and secures the time and services of the Photographer(s) for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the Photographer due to cancellation. Cancellation less than 12 weeks before the wedding will result in the payment in full. All cancellations must be in writing. Weddings that are postponed to a later date will retain the fee as long as the Photographer can re-schedule for the new date and time.
Following payment of the Booking Fee, the full balance is due 14 days before the event. No Photographs, Albums, USB Memory Stick or Additions will be delivered until all payments due have been paid in full. Payment for Reprints, Digital Story Books, Acrylic Panels, Canvas Prints, or other Additions is to be made in full at the time of ordering. Payment for additional Attendance Hours (part or whole at £144 per hour) where agreed, but which may not be known accurately at the time of Contract signing, must be made within 30 days after the event date.
All prices are correct at the time of signing the Contract, but in the event that changes arise that are outside the Photographer(s) control, for instance but not exclusively, the costs of Prints, Additions, Travel and Subsistence, then we will inform the Client of such within 21 days.
The Principal Photographer will be Mr Carl Hewlett, and a Second Photographer of his choice may attend at no extra cost. They will be the ONLY stills Photographers allowed to attend for financial gain.
All image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye. The number and style of photographs delivered to the client by the Photographer shall be deemed correct. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
The Photographer(s) shall be granted artistic licence in relation to the poses photographed and the locations used. The style and the number of photographs are also dependent on variations of the weather and the availability and willingness of the clients and their guests. The Photographer(s) will make their best effort to honour requested photographs but does not undertake any guarantee for any specific picture nor incorporate any specific background, location or group arrangement.
The Photographer may display any photographs included in this contract at the studio, online, in portfolios, literature, display areas, exhibitions, competitions, advertising or slide shows, unless expressly denied in writing by the Client.
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.
All Reorders shall be treated as an extension of this contract and no responsibility for error will be
accepted unless orders are given in writing.
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the permission of The Photographer(s) in writing. Negatives/Digital files remain the property of The Photographer(s).
Images supplied by Stand Out Studio via the password protected 'Client Area' will be high resolution digital .JPEG files. They are licensed to you for sharing or displaying electronically with Family and Friends, and for printing by the Bride and Groom ONLY. Your remaining family and guests must View and Purchase prints from the password protected ‘Client Area’ on our website using the link and password supplied. Image files must NOT be copied, altered or sold in any way whatsoever.
Third Party Printing
Stand Out Studio Ltd cannot accept any responsibility or liability for colour balance or quality of any Prints reproduced from images supplied by Third Party Printers such as High Street photo processing shops.
In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another Photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability.
Travel and Subsistence
For attendance at venues at a distance over 25 miles radius, travel costs at the rate of £0.45 per mile will be charged where appropriate. Where the wedding and ceremony require an overnight or longer stay, whether in the UK or abroad, then modest hotel and subsistence charges will be made.
Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Force Majeure (Act of God)
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
The Client may cancel this contract at any time by giving written notice to The Photographer(s), but in doing so shall forfeit any monies paid. Cancellation less than 12 weeks before the wedding will result in the payment in full.