FILMING & PHOTOGRAPHY – TERMS & CONDITIONS
1. These terms & conditions shall apply to the contract to the exclusion of any other terms & conditions put forward by the client.
2. Tony Marsh ( The photographer/film maker) retains full copyright in all images/film, at all times, throughout the world, in accordance with the Copyright, Designs and Patents Act 1988. The photographer asserts his right to be identified as the author of all images, by the words: ‘ Tony Marsh Film and Photography ‘
3. The client will have an appropriate period of exclusivity to publish/use the photographs/filming to the exclusion of all other persons. 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 work. After any exclusivity period the photographer shall be entitled to use the photographs for any reasonable purposes (unless otherwise agreed). Editorial work may be made available by the photographer/film maker to third parties after publication in the medium for which they were originally commissioned unless otherwise agreed.
4. Unless specified on a separate licence: (a) clients are licensed to use commissioned photographs/filming for marketing, pr & editorial use (not including advertising, please ask if this is required), in perpetuity, on behalf of the original company who commissioned the photography; (b) Any publication of the photographs to gain publicity for companies other than the original commissioning company will require a reproduction fee to be paid to the photographer ; (c) The photographer/film maker retains full copyright in all images/film at all times throughout the world.
5. The photographer/film maker 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 obligations in relation to the commission.
6. Any information or data is kept in accordance with data protection principles set out in the Data Protection Act available on the ICO (Information Commissioner’s) website.
7. It is the client’s responsibility to ensure that all the necessary clearances have been obtained to allow the photographs/film to be taken without hindrance or infringements of trademarks or copyrights. It is the client’s responsibility to gain written parental permission when persons under the age of sixteen years are to be photographed. Permission is also necessary to allow identification and publication of photographs of children. The photographer/film maker accepts no liability for non-supply of pictures/filming if parental permission has not been granted.
8. Payment by the client 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.
9. Where extra expenses or time are incurred by the photographer as a result of alterations to the original brief by the client, the client shall give approval to and be liable to pay such extra expenses or fees at the photographer’s normal rate in addition to the expenses agreed or estimated.
10. Images will be available via download for 6 months from the date of the commission. Longer periods are available by agreement.
11. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
12. A booking is considered firm as from the date of confirmation and accordingly the photographer will, at his discretion, charge a fee for cancellation or postponement: 5 working days 25% of fee, 3-4 working days 50% fee, 48 hours 75% fee, 24 hours or less, 100% fee.
13. This agreement shall be governed by the laws of Scotland
14. These Terms and Conditions shall not be varied except by agreement in writing.