TERMS AND CONDITIONS
Please read my standard terms and conditions for all commercial work.
1/ COPYRIGHT. The entire copyright of the photographs is retained by the Photographer,Simon Herrema, at all times throughout the U.K, and the rest of the world.
2/ DEFINITIONS. All references in this agreement to the term ‘Client’ shall refer to the person(s) or company directly employing the photographer, or, where the client is not a direct client, e.g a third party or agency, that third party or agency shall be interpreted as the ‘Client’. All references in this agreement to the term 'Photographer' shall refer to Simon Herrema, of Simon Herrema Photography.
3/ LICENCE TO USE AND EXCLUSIONS. The licence to use images only applies to the ‘Client’, as agreed at the time of commission. The Photographer MUST give permission or agreement before any benefit of the licence or any use of images can be assigned to ANY third party. The licence to use the images comes into effect from the date of payment of the relevant invoice. The Photographer MUST give permission if use of the images is required before full payment of the relevant invoice(s).
4/ CLIENTS REPRESENTATIVE TO ATTEND ASSIGNMENT. The Client is responsible for attending, or sending an authorised representative to, the photographic assignment .If no such attendance takes place, the Client is obliged to accept the photographers judgement as to acceptability of the images, and images may not be rejected on the basis of style, content or composition.
5/ STORAGE OF IMAGES. The Photographer has no obligation to retain or archive any of the images after they have been delivered by appropriate means and the invoice settled.
6/ PAYMENT. The Client shall pay the invoice in full within 30 days of receiving invoice. Late payments will be billed a £10.00 per month handling fee.LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced.
7/ RELEASES AND CLEARANCE. The Client shall be responsible for obtaining ANY and ALL required clearances, and will indemnify the Photographer against all expenses,damages,claims and legal actions and/or legal costs arising out of any failure to obtain such clearances. Furthermore the Client is responsible for obtaining all necessary permissions and releases for usages that require any property or model releases, unless agreed and delivered by the Photographer.
8/ CANCELLATION/POSTPONEMENT. An assignment booking is considered agreed and firm from the date of the confirmation, therefore the Photographer will, at his discretion ,charge a fee for cancellation or postponement.
Cancellation. The Client will pay for ALL expenses incurred up to the time of the cancellation of the commission, in addition the Client will be charged at 50% of the agreed normal day rate, unless the commission is cancelled less than two working days prior to the commission,when the Client will be charged 100% of the fee.
Postponement. Unless agreed in writing, the Client will be charged 100% of the normal day rate agreed for the commission if postponement occurs after the Photographer has departed for the location( This excludes bad weather ), and 50% of the normal day rate agreed for the commission if postponement occurs less than 2 working days before departure.
9/ BAD/ADVERSE WEATHER. Bad weather terms can be agreed with the Photographer at the agreement of the commission in advance of the shoot, however, the Photographer retains complete discretion concerning whether or not a shoot will proceed by reason of adverse weather or light conditions and will contact the Client as soon as is reasonably practicable to make alternative arrangements. In the event of cancellation/postponement in accordance with this clause, clause 10 below applies.
10/ CANCELLATION/POSTPONEMENT BY PHOTOGRAPHER.
In the event of cancellation or postponement by the Photographer, the Photographer shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of or damage to goodwill;
(f) loss of use or corruption of software, data or information;
(g) any indirect or consequential loss.
11/ RETOUCHING. The normal agreed daily rate includes basic and reasonable( Explained to Client on request) post processing of digital files prior to sending to the Client. If the Client requests additional post processing work the Client will be charged at the rate quoted and agreed.
12/ EXTENSIONS TO ESTIMATES. Where extra time or expenses are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request or on their behalf by an authorised third party,the Client shall give approval and be liable to pay such extra expenses or fees at the Photographers normal agreed daily rate to the Photographer in addition to the expenses and fees as having been agreed or quoted.
13/ AUTHORSHIP CREDIT. All published usages, either in print or on the internet,of images taken by the Photographer shall be accompanied by a written credit to the Photographer within reasonable proximity.