TERMS AND CONDITIONS
for Mark Wood | Photography
NB These Terms and
Conditions relate to photographic services. Separate
terms and conditions apply to Mark Wood's Consultation
and Training Services.
These
Terms and Conditions can be downloaded as an Adobe
PDF (64Kb)
1. DEFINITIONS
For the purpose of this agreement “the
Agency’ and ‘the Advertiser’ shall
where the context so admits include their respective
assignees, sub-Licensees and successors in title. In
cases where Mark Wood | Photography’s client is
a direct client (i.e. with no agency or intermediary),
all references in this agreement to both ‘the Agency’ and ‘the
Advertiser’ shall be interpreted as references
to Mark Wood | Photography’s client. ‘Photographs’ means
all photographic material furnished by Mark Wood | Photography,
whether transparencies, negatives, prints or any other
type of physical or electronic material.
2. COPYRIGHT
The entire copyright in the Photographs is retained
by Mark Wood | Photography at all times throughout the
world.
3. OWNERSHIP
OF MATERIALS
Title to all Photographs remains the property
of Mark Wood | Photography. When the Licence’ to
Use the material has expired the Photographs must be
returned to Mark Wood | Photography in good condition
within 30 days.
4. 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) without Mark Wood | Photography’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 its benefit shall not be assigned to
any third party without Mark Wood | Photography’s
written permission. Accordingly, even where any form
of ‘all media’ Licence is granted, Mark Wood
| Photography’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 must
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.
5. EXCLUSIVITY
The Agency and Advertiser will be authorised
to publish the Photographs to the exclusion of all other
persons including
Mark Wood | Photography. However, Mark
Wood | Photography 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 Mark Wood | Photography
shall be entitled to use the Photographs for any purposes.
6. CLIENT
CONFIDENTIALITY
Mark Wood | Photography will keep confidential
and will not disclose to any third parties or make use
of material or information communicated to him in confidence
for the purposes of the photography, save as may be reasonably
necessary to enable Mark Wood | Photography to carry
out his obligations in relation to the commission.
7. INDEMNITY
Mark Wood | Photography agrees to indemnify
the Agency and the Advertiser against all expenses, damages,
claims and legal costs arising out of any failure by
Mark Wood | Photography to obtain any clearances for
which he was responsible in respect of third party copyright
works, trade marks, designs or other intellectual property.
Mark Wood | Photography shall only be responsible for
obtaining such clearances if this has been expressly
agreed before the shoot. In all other cases the Agency
shall be responsible for obtaining such clearances and
will indemnify Mark Wood | Photography against all expenses,
damages, claims and legal costs arising out of any failure
to obtain such clearances
8. PAYMENT
Payment by the Agency 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 Mark Wood | Photography 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.
9. EXPENSES
Where extra expenses or time are incurred by
Mark Wood | Photography as a result of alterations to
the original brief by the Agency or the Advertiser, or
otherwise at their request, the Agency shall give approval
to and be Liable to pay such extra expenses or fees at
Mark Wood | Photography’s normal rate to Mark Wood
| Photography in addition to the expenses shown overleaf
as having been agreed or estimated.
10. REJECTION
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 Mark Wood | Photography
will, at his discretion, charge a fee for cancellation
or postponement.
12. RIGHT
TO A CREDIT
If the box on the estimate and the Licence marked ‘Right
to a Credit’ has been ticked Mark Wood’s
name will be printed on, or in reasonable proximity to
all published reproductions of the Photograph(s). By
ticking the box overleaf Mark Wood | Photography also
asserts his 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.
13. 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 Mark Wood | Photography. Manipulation of the Image
or use of only a portion of the Image may only take place
with the permission of Mark Wood | Photography.
14. APPLICABLE
LAW
This agreement shall be governed by the laws
of England, Wales and Scotland.
15. VARIATION
These Terms and Conditions shall not be varied
except by agreement in writing. |
