1. Definitions
For the purposes of this agreement, “The Photographer” is Milo Hutchings trading as Milo Hutchings Photography and “the Client” is the person, brand or agency.
“Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.
All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.
Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.
Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.
Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.
When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
2. Copyright and Ownership of Materials
The entire copyright, title, and intellectual property rights of any Images will remain that of The Photographer at all times throughout the world. Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
3. Right to Credit
The Photographer asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. Please credit ‘Milo Hutchings’.
4. Use
Images are to be used as agreed at the time of booking and at the time of agreeing the fee. The licence to use is limited to the use and period of time specified on The Photographers booking form and no other use may be made of the Images without the Photographers express permission. An agreement must be reached with The Photographer before Images are used for any other purpose or after the licence to use has expired.
Manipulation of the Images or use of only a portion of Image may only take place with the permission of the Photographer.
When the license to use has expired an additional charge has to be agreed for extended usage with the Photographer.
4. Exclusivity
The usage rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties (save for the purpose of the work by the Client of such reproduction/usage rights/PR).
The Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
The Photographer retains the right in all cases to use the Images covered by this agreement at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.
5. Cancellation of Shoot
If a confirmed shoot is cancelled or postponed for reasons outside of my control I reserve the right to charge a cancellation fee consisting of a percentage of the outstanding Fees at the following rates together with all incurred expenses.
Less than 5 Working Days notice before the shoot – 50%.
6. Rejection
Unless a rejection fee is agreed in advance, there is no right to reject the Images on the basis of style or composition.
7. Charges and Timings
If The Photographer provides a quote to The Client, the fee will be charged at that agreed rate. The Photographer generally requests a brief at the time of booking (via email or verbally).
Where extra expenses or time are incurred or needed by the Photographer as a result of alterations to the original brief by the Client or otherwise at their request, the Photographer will reserve the right to charge the Client extra expenses and fees.
If The Client changes the length of the job, the fee will increase as per the agreed rate. There is a mutual understanding between The Client and The Photographer that punctuality is important and respected by all parties.
If it becomes apparent when the job starts that it is much bigger or different job to the agreed brief it will be made clear to the Client that The Photographer’s fee may increase. If the Photographer is unable to contact the client/payer of invoice at that time work will stop until contact has been made.
On the occasion that incorrect information is given by the Client regarding a booking (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location/time, the full fee will be charged to the Client.
If on arrival at a booked job there is an issue (outside of the Client or Photographer’s control) such as bad lighting or restrictions are in use of where the shoot is taking place, a fee may be charged to cover time.
Quoted fees include mileage up to 30 miles round trip. Congestion charges, road toll charges and parking costs will be billed to the client as a Photographer expense and will be added onto the invoice.
8. Payment Terms and Payment
Payment terms are strictly 30 days from the date of the relevant invoice (“the Due Date”) unless agreed in advance and in writing; The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment Of Commercial Debts (Interest) Act 1998 from the due date until the date payment is made.
If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if it is less than 28 days from the issue date, and that The Photographer may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
Payment is to be made by BACS and bank details will be provided on the invoice.
9. Liability and Indemnity
It is the Client who must check all necessary rights, model releases or consents which may be required for reproduction are obtained, and it is acknowledged that The Photographer gives no warranty or undertaking that any such rights, model releases or consents have been 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 Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify The Photographer against all expenses, damages, claims, or legal costs arising out of any such failure.
10. Archiving of Images
All final images will be stored and archived by The Photographer for 1 month.
11. Applicable Law
This agreement shall be governed by the laws of England and Wales
12. Variation
No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.