TERMS & CONDITIONS OF BUSINESS
1. These terms & conditions shall apply to the contract to the exclusion of any other terms & conditions put forward by the client.
2. Anne-Marie Randall ( The photographer) retains full copyright in all images, 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: ‘Photographs by Anne-Marie Randall Photography.'
3. 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 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 for marketing, PR & editorial use, 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 retains full copyright in all images at all times throughout the world.
5. 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 obligations in relation to the commission.
6. It is the client’s responsibility to ensure that all the necessary clearances have been obtained to allow the photographs 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 the identification and publication of photographs of children. The photographer accepts no liability for non-supply of pictures if parental permission has not been granted.
7. 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. The charges for any portrait sessions, prints and/or frames are based on Anne-Marie Randall’s standard price list. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. (All additional goods must be paid for in full on ordering. This includes extra prints, albums, special editing and rendering of images and any other services ordered after the event).
8. 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.
9. Images will be available to view or download from a secure client gallery for an agreed amount of time but no more than 6 months from the date of the commission. Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer. (a) Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.
10. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
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 the fee, 3-4 working days 50% fee, 48 hours 75% fee, 24 hours or less, 100% fee.
11. Receipt of pictures. The pictures are presumed to have been received in good condition unless the Client notifies Anne-Marie Randall in writing of any discrepancy or error within fourteen days of receipt.
12. This agreement shall be governed by the laws of England & Wales.
13. These Terms and Conditions shall not be varied except by agreement in writing.