PHOTOGRAPHIC TERMS & CONDITIONS
1. DEFINITIONS
1.1 “the Client” means the client named overleaf, whether a direct client of the Photographer or an agency or an advertiser or otherwise, and the expression “the Client” shall where the context so admits include its respective assignees, sub-licensees and successors in title.
1.2 “the Commission” means the commission to take the Photographs undertaken by the Photographer on behalf of the Client in consideration of the fee, details of which Commission are set out overleaf.
1.3 “the Fee” means the fee for the carrying out of the Commission by the Photographer and for the grant of the Licence to Use, as set out overleaf.
1.4 “the Licence to Use” means the licence to use the Photographs granted by the Photographer to the Client following payment of the Fee for the purposes and the period set out overleaf.
1.5 “the Photographer” means Zarina Holmes.
1.6 “the Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or digital files.
2. COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
3. USE
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) and expenses 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 advertiser and product as stated on the front of the form and this benefit shall not be assigned to any third-party without the Photographer’s permission. Accordingly, 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 sublicensing through a photo library. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which much be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.
3.1 Zarina Holmes Photography includes a standard 5 year European licence for copyright for images for commissioned work at full rate, portfolio testing or commissions negotiated down to a reduced rate will include a standard 2 year European licence for personal, portfolio, PR and promotional usage only, unless requested and negotiated in advance of the order. Extended copyright use is calculated at 50% of the photographers current standard full rate fee for the next 5 years and 25% of the fee for any additional 5 years after until a 25 year limit has been reached. After 25 years written ownership must be requested. Please note this request can and may be denied.
3.2 Zarina Holmes Photography does not distribute unedited or raw images unless negotiated in advance in writing, where applicable a full day rate and an additional fee of 500% of the original fee will be payable to own the raw file and include a 25 year copyright buy out.
3.3 Any third party publication including all print and online uses of any Zarina Holmes Photography Copyrighted image must be requested in writing to the photographer prior to publication. Any image used without permission from Zarina Holmes Photography will carry a minimum charge of 100GBP per image. Charges will vary depending upon the nature of the copyright breach, the number of images used and the scale of the breach. Any publication of images without Zarina Holmes Photography permission which also breached client exclusivity clauses will involve legal proceedings.
4. PAYMENT
Payment by the Agency will be expected for the commissioned work on the day of the photoshoot or 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 a 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. A charge of £10 may be added per phone call/email to chase overdue payment(s).
5. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition. There is no right to reject the Photographs on the basis of style or composition nor to reject the Photographs on the basis of any alleged discrepancy between the colours of the photographic image and the actual colours of the subject matter of the Photographs if any such discrepancy arises by virtue of technical deficiencies in the film or digital processes. All digital files supplied are for visual guidance only. It is the Clients responsibility to prepare and if necessary modify any digitally supplied Photographs to an acceptably suitable standard of colour accuracy and image quality, to which they will subsequently faithfully and accurately record when printed or used in any form of electronic presentation. The Photographer shall not in any circumstances be liable to the Client for any loss, whether direct or indirect, or for loss of profit, occasioned by the failure of any digital Photographs supplied to reproduce acceptably.
6. CLIENT REQUESTED AMENDMENTS
If additional amendments/retouching are requested by client, and the request accepted by the Photographer, this will be charged on an hourly basis.
7. CANCELLATION AND POSTPONEMENT
If the Client wishes to either cancel or postpone the Commission, it must give two working days prior written notice of this to the Photographer. If the photographer has already carried out the Commisssion, he shall be entitled to charge the Fee in full. If the Photographer has not yet carried out the Commission, then (in the event of postponement) he may immediately invoice the Client for the cost of all expenses and materials (plus VAT) already incurred by him and shall be entitled to be paid for them in full before completing the commission, and (in the case of cancellation) the Photographer shall be entitled to invoicethe client for the cost of all expenses and materials (plus VAT) already incurred by him together with a cancellation fee of 75% of the Time Costs element of the Fee, without prejudice to his rights in respect of any breach of contract.
8. RIGHT TO A CREDIT
The Photographer has asserted her “Right to a Credit”, the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
9. ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of the only a portion of the image may only take place with the permission of the Photographer.
10. MODEL RELEASES
All talents being photographed (Models, Actors, etc) will be required to sign a model release. Except models booked through agencies, where an agreement is made directly with the model agency.
9.1 All willing participants of any documentary photoshoot will be automatically assumed to be in agreement with a standard model release, whether a release is physically signed or not. No customer can revoke their model release at anytime based upon their changed preferences.
10. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales.
11. VARIATION
These Terms and Conditions shall not be varied expect by agreement in writing.
All images on this website, are copyright of Zarina Holmes or and no part of any material may be stored, reproduced, manipulated or transmitted by any means without permission. All rights reserved. Moral Right and Right to a Credit are automatically asserted on all images produced by Zarina Holmes.
Suggested Reading: Freelance Fees Guide, Copyright Service, Photography Glossary
After The Rain 