Terms & Conditions
(a) picture includes a photograph, images or any other item which may be offered for the purposes of reproduction;
(b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered or storage by any means;
(c) the Photographer (otherwise known as Gordie Cavill) is the Author of the photograph or the Photographer.
(d) the Client is the person or organisation to whom the invoice is addressed;
(e) GC Photography administers the licensing of the works of the Photographer, Gordie Cavill;
(f) These terms and conditions represent the entirety of the agreement between GC Photography and the Client. Any variation is only applicable when agreed in advance and in writing;
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. When the Licence to Use the material has expired the Photographs must be removed from any digital storage or website.
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs 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 Agency is put into receivership or liquidation. The Licence only applies to the images and shall not be assigned to any third party without the Photographer’s permission. even where any form of ‘all media’ Licence is granted, the photographer’s permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sub-licensing. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use.
Any use without full payment of the original invoice(s) constitutes wilful copyright infringement and will carry a £250 per photograph fee and will also require immediate removal of photograph(s) Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.
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 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 lawful 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. In all 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 any such clearances.
Payment by the Client will be expected for the work within 30 days of the issue of the relevant invoice(s). 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.
Compensation of £40 shall also be charged for any invoice(s) not paid after 50 days of the original invoice(s)
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.
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 charge a 50% fee for cancellation or postponement.
12. ELECTRONIC STORAGE
The Photographs may be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
13. APPLICABLE LAW
(a) 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;
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
(c) Email communication constitutes a contract in law