STANDARD TERMS AND CONDITIONS
Laura Currie Photography, Andeye and Andeye Photography are trading names of Aqueum Ltd. For the purpose of this agreement “the Photographer”shall mean Aqueum Ltd. or their assignee, “the Client”shall where the context so admits include their respective agency, advertisers, assignees, sub-licensees and successors in title. “Content”shall mean all still and/or video visual representations furnished to the Client by the Photographer, whether captured, delivered, or stored in photographic, print, magnetic, optical, electronic, or any other media.
Unless otherwise specified elsewhere in this document, the Client agrees to accept Content encoded in any industry-standard data format, at a resolution that Photographer determines will be suitable to the subject matter and reproduction technology and uses for which the Content is licensed. It is the Client’s responsibility to verify that the digital data (including colour profile, if provided) are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. Due to variations in lighting and the limitations of digital capture and reproduction some colours may alter throughout a set of images. If the data are not deemed suitable, the Photographer’s sole obligation will be to replace or repair the data, but in no event will the Photographer be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided elsewhere in this document, the Photographer has no obligation to retain or archive any of the Images after they have been delivered to the Client. The Client is responsible for sending an authorised representative to the assignment or for having an authorised representative review the images remotely during the assignment. If no review is made during the assignment, the Client is obligated to accept the Photographer’s judgment as to the acceptability of the Content.
The entire copyright in the Content is retained by the Photographer at all times throughout the world.
Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act.
- OWNERSHIP OF MATERIALS
Title to all Content remains the property of the Photographer. When the License to Use the material has expired the Licensee must cease usage of the Content and return all original physical Images and destroy all electronic image files. If the Photographer is deemed under any law to be an employee of the Client, or if the Images are considered works made for hire under The Copyright, Designs and Patents Act 1988 or under the U.S. Copyright Act, or categorised under other laws transferring rights from the Photographer, the Client hereby assigns the copyright and all economic and other rights to the Content to the Photographer.
The License to Use comes into effect from the date of payment of all relevant invoices. No use may be made of the Content before payment in full of the relevant invoice(s) without the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. The License only applies to the Client as stated elsewhere in this document and its benefit shall not be assigned to any third party without the Photographer’s permission. Accordingly, even where any form of ‘all media’ License is granted, the Photographer’s permission must be obtained before any use of the Content for other purposes. Permission to use the Content for purposes outside the terms of the License will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. The parties agree that any usage of any Content without the prior permission of the Photographer will be invoiced at three times the Photographer’s customary fee for such usage. The Client agrees to provide the Photographer with three copies of each published use of any Content not later than 60 days after the date of first publication of each use for any print publications and one copy (PDF facsimile or URL) of any electronic publication not later than 14 days after the date of first publication. Unless otherwise agreed in writing, all further Licenses in respect of the Content will be subject to these terms and conditions.
The Client may (if stipulated in the license) be authorised to publish the Content to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Content in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting their work. After the exclusivity period indicated in the License, the Photographer shall be entitled to use the Content for any purposes.
- SOLE ARTIST
The Photographer and his employees shall operate the only cameras permitted in the vicinity of the set.
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 model release, property release, permits, licenses, 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 by the Photographer in writing prior to the shoot. In all other cases the Client 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.
- LIMIT OF LIABILITY
The Photographer’s limit of liability shall be twice the value of the fees paid in this contract. The Client is responsible for taking out all relevant insurances including but not limited to adequate employer’s and public liability. The Client agrees to indemnify the Photographer against all damages, claims and legal costs and any liabilities exceeding the aforementioned limit.
The Client will be charged the full fee and expenses for any reshoot required by the Client. For any reshoot required because of any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance, or the fault of a third party, the Photographer will charge no additional fee, and the Client will pay all expenses.
Payment by the Client will be expected within 30 days of the issue of the relevant invoice. If the Content has been delivered to the Client and the invoice is not paid, in full, within 30 days the Photographer reserves the right to charge interest at a rate of 2% per annum above the prevailing base rate from the date payment was due until the date payment is made. Should any payments become past due prior to the shoot date the Photographer reserves the right to postpone the shoot without recompense.
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client 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 shown overleaf as having been agreed or estimated. Unless otherwise stated elsewhere in this document, expenses are to be paid at cost plus 10%, flights business class and hotels 4 star minimum.
- ARTISTIC LICENSE, REJECTION & COMPLAINT
The Photographer shall be granted artistic license in terms of all composition, posing, lighting, timing and location decisions. While every endeavour shall be made to comply with the Client’s requirements, the Content taken during any shoot shall be at the Photographer’s sole discretion. All print and product sizes are approximate and at the discretion of the Photographer. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, content or composition. The Photographer will attempt to remedy complaints made where the complaint is received in writing within 7 days of receipt of finished products.
- CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will charge a fee for cancellation or variation in shoot date equal to the booking fee where a booking is cancelled more than six months prior to the shoot and thereafter equal to the full fee less the value of any work subsequently booked to cover the cancelled date. The Photographer may not be available if the timing of a shoot is changed by the Client.
- RIGHT TO A CREDIT
Unless otherwise stated elsewhere in this document, ‘copyright [year]: Laura Currie Photography, www.lauracurrie.com’ will be printed on or in reasonable proximity to all published reproductions of the Content. Where a publication uses Content exclusively by the Photographer a single prominent copyright notice to this effect may be made on the back cover. Where a website page uses Content exclusively by the Photographer, a similar credit with hyperlink to https:www.lauracurrie.com can be made at the head or foot of the page. 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 (England and Wales), similar international laws or any amendment or re-enactment thereof.
- ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Content may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the Content or use of only a portion of the Content may only take place with the permission of the Photographer.
Please refer to our separate privacy statement, hosted at www.lauracurrie.com/privacy-policy/
- APPLICABLE LAW
This agreement shall be subject to the jurisdiction of the courts of Scotland, England & Wales.
These Terms and Conditions shall not be varied except by agreement in writing.
Laura Currie Photography, Andeye and Andeye Photography are trading names of Aqueum Ltd, a Private Limited Company registered in Scotland as company number SC572318 with registered office at 44 Bank Street, Kilmarnock, Ayrshire, United Kingdom, KA1 1HA and VAT registration number 285694448. Please contact us.