TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PICTURES, FOR PR 1 YEAR USE, AND EDITORIAL PUBLICATIONS, BOTH PRINT AND ON-LINE.
All licences are to a sole client, no images can be given to others for them to use commercially. PR images can be sent to publications to promote the event photographed , they can be used on social networks.
EXAMPLE in simple terms, you can give the images to the Manchester Evening News for them to promote the event, or company. But you can’t give then to the electrician that helped work on the event for you, the electrician needs to buy their own licence for me.
1/ The entire copyright in the pictures is retained by Mark Waugh at all times throughout the world.
2/ Mark Waugh reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
3/ Newspapers Magazine Editorial commissions have first use exclusive right, after first use image is copyright Mark Waugh. No syndication and second use must be paid for, the images are for the commissioning publication ONLY, NO passing images around sister publications or media. No commercial use
4/ Website commissions are licensed for 1 year, ONLY on the website specified on the invoice, the designer has no rights to use the images again.
5/ PR commissions 1 year non exclusive license for use in local national newspapers, on websites, and in magazines for editorial use ONLY. UK media only, world wide will have a small additional cost.
6/ You and your clients only have the rights to use my work once the work is paid for, unpaid bills will result in your licence being removed, no notice will be given, anyone you have sent these images will be using copyrighted imaged without licence, they will be traced and billed for using the work, they could then take you to court for any loss.
7/ While Mark Waugh takes all reasonable care in the performance of this agreement generally, he shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption.?(b) The Client agrees to indemnify Mark Waugh 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 Mark Waugh.?(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Mark Waugh 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 Mark Waugh against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
8/ Cancelation before week of shoot no fee. Cancelations of & days or less than 7 days are 100% of the fee payable, only if I can fill the time with other work will the fee be removed. Any fees paid in advance of the job to third parties will be payable from day of cancelation, all hire fees will still be payable.
9/ It is your responsibility to make sure the location is tidy, and in a condition you are happy for it to be photographed. It is your respectability to make sure any props or logos are present for the shoot. It is your responsibility to make sure all clothing is smart, correct and appropriate. All briefs will be followed as best as I can, if the brief is important to you, you must have a representative present to make sure it is followed, it is their responsibility to make sure the brief is followed. Payment will still be charged in full, even if part of the brief is missed.
10/ Payment must be made 30 days after shoot, late payment will be charged at £50, and interest will be charged at 14.9%
This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.
11/ Credit must be given to all photographs,
Terms and Conditions of supply – commissioned photography
INTRODUCTION - The following sections represent the basis under which I undertake photographic assignments and commissions for commercial, public relations and editorial photography. They are intended as a background document to which specific or varied terms can be added or amended.
There are, of course, many pieces of legislation that will have an effect on how my relationship with clients works, not the least of which is the Copyright, Designs and Patents Act 1988.
I really don’t want to scare clients and so I have worded them as simply as I can and I’m always happy to discuss and explain how my terms and conditions apply to you.
COPYRIGHT - Unless agreed in advance and in writing I do not assign copyright to any clients or third parties. Please be aware that buying the copyright is far more expensive than buying an extensive and wide-ranging license.
LICENSES GRANTED - As a client, you would be granted a license to reproduce and/or distribute the photographs. All licenses have geographical, time, media and usage restrictions. My policy is to negotiate a license that meets your needs and represents the best value for money for you and/or your client. Use of the photographs outside the terms of the license granted would be a breach of copyright.
LICENSE EXTENSION OPTIONS - If, having agreed a set of license conditions you subsequently realise that you need wider use of the photographs I am always happy to negotiate a license extension. Whilst the cost of buying extensions will be greater than that of buying the right license in the first place, you will find that my rates are very competitive.
DELIVERY METHOD AND DEADLINES - As part of the commission we will agree how, when and where the photographs will be delivered. Options include web galleries, CDs and DVDs, FTP, email and on USB flash drives. Photographs will be supplied in the agreed format within the agreed deadline. Copies of all files will be retained in line with industry best practice and any subsequent re-issue of any or all of the image files will be subject to a charge equal to the actual cost of producing and delivering them plus a 20% service charge.
INVOICING AND PAYMENT - Fees and costs will be negotiated and agreed before the commission takes place. Should the details of the commission change then alterations to the costs will be agreed as soon as possible. New clients will be asked for a purchase order or a letter confirming the commission, agreed fees and costs as well as acceptance of my terms and conditions in advance. Once the commission has been completed I will send an invoice to you with payment terms and methods outlined. The grant of license will only come into force once payment has been made in full. VAT will be charged where the law requires. If the client postpones or cancels the commission within 72 hours of the start time I reserve the right to charge 50% of the agreed fees. Cancellations or postponements within 24 hours of the start time may be charged at 100% of the agreed fees.
THE LIMIT OF MY LIABILITY - As a professional photographer I take great care and pride in my work and in my relationship with clients and the subjects of my photography. I cannot, however, accept liability for unexpected events including: poor weather, industrial disputes, sickness or injury, equipment malfunction, model release disputes, property release disputes and other actions or accidents that are outside my control and that cannot be reasonably predicted. Please note that any mains powered equipment that I use will be PAT tested, that I carry £5 million of Public Liabilities insurance and that my photographic equipment is regularly tested and serviced. Should you require any specialist insurance to be taken out for your project, the cost will be included in the fees. Back up copies of your images will be stored using reliable methods but I cannot accept liability for systems failures.
DISPUTE RESOLUTION - If, for any reason, you have any queries about the service that I have provided I will be happy to discuss your concerns. Photography is a creative activity and I accept commissions on the basis that you are buying my skills and that you trust me to apply those skills in accordance with our discussions and verbal agreements. Written confirmation of commissions should always include any “must-have” picture requirements and, where technically and creatively possible, I will fulfill your requests. If I consider any of your requirements to be unfeasible or if any of them become so during the shoot itself I will point them out at the first possible opportunity and offer solutions.