Terms & Conditions of Commissioning & Reproduction of Pictures from Ally Whitlock Photography
In this Agreement the terms;
(a) picture includes a photograph, digital image, transparency, negative, digital scan, design, artwork, painting, montage, drawing, engraving or any other item which may be offered for reproduction.
(b) reproduction includes any form of publication or copying of the whole or part of any picture by any means.
(c) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
1. Copyright
The entire copyright in the pictures is retained by Ally Whitlock Photography at all times throughout the world.
Ally Whitlock Photography supplies the technical and artistic ability to illustrate an idea photographically and sells the right to reproduce those pictures in a given context.
No property or copyright in any pictures shall pass to the Client.
Ally Whitlock Photography asserts both her moral right to be identified as the author of their work and the right to credit is asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
2. Reproduction
Reproduction rights are strictly limited to the use and period specified on Ally Whitlock Photography’s invoice If unspecified, this is five calendar years.
An agreement must be reached with Ally Whitlock Photography before the pictures are used for a different purpose or after the license to use has expired.
Reproduction rights granted are personal to the Client. They may not be assigned, nor may any picture be loaned or transferred to third parties without written permission from Ally Whitlock Photography.
Any reproduction rights granted are by way of licence and no partial or other assignments of copyright shall be implied.
Ally Whitlock Photography reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
3. Use of the pictures
The following terms are used when describing the reproduction rights granted by Ally Whitlock Photography to the Client:
Unless otherwise stated on Ally Whitlock Photography’s invoice, the Client may use the pictures for:
Internal use: within the company for non-commercial purposes. For example, publication in a free in-house magazine, an exhibition within the Client’s premises; or editorial use on the Client’s website.
PR & Press distribution: A licence for third parties to reproduce the pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication. This includes (but is not limited to) use in newspapers, magazines and blogs where no fee has been paid to the Client for the pictures.
Marketing the Client’s business: use of the pictures to advertise & promote the Client’s business. For example, on the Client’s website & social media platforms (including, but not exclusive to, Facebook, Twitter, Instagram and LinkedIn). In printed publications, magazines & printed marketing materials.
The Client may not under any circumstances sell the pictures to a third party.
While Ally Whitlock Photography generally takes all reasonable care in the performance of this agreement, they shall not be liable for any loss or damage suffered by the Client or by any third party arising from the use or reproduction of any picture or its caption.
The Client agrees to indemnify Ally Whitlock Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Ally Whitlock Photography.
4. Payment
Unless otherwise stated in the booking confirmation, Ally Whitlock’s Photography’s invoice shall be paid before the shoot commences.
The Client is only permitted to reproduce the pictures once Ally Whitlock Photography’s invoice has been paid in full.
Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement.
If payment is not made in accordance with the above then Ally Whitlock Photography may rescind this Agreement and recover damages, or, at their option, may exercise their statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
Ally Whitlock Photography reserves the right to suspend ongoing services, such as (but not limited to) online downloads or other distribution of pictures, once any invoice issued to a Client becomes overdue.
Ally Whitlock Photography reserves the right to withhold the high-resolution photographs until an invoice is paid in full.
On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Ally Whitlock Photography may at any time thereafter inspect any records, accounts and books relating to the reproduction of their pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
5. Cancellation Charges
Once the Client has made a booking for a specific time and date, Ally Whitlock Photography will not accept any other work from other clients for those times and dates.
As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule.
- When a client cancels a booking within one week of any confirmed date, a fee of 50% of the booked time rate will be charged.
- When a client cancels photography within twenty-four hours of any confirmed date, a fee of 100% of the booked time rate will be charged.
In addition to this cancellation fee, the client will be charged for any expenses already incurred by Ally Whitlock Photography.
6. Picture Editing & Style
No addition to, deletion from, alteration to, or adaptation of a picture may be made without the written permission of Ally Whitlock Photography.
Unless a rejection fee has been agreed upon in advance, there is no right to reject based on style, composition or editing.
7. Model Releases & Permissions
It is the Client who must satisfy themselves that all necessary rights, model releases or consents which may be required for reproduction, are obtained.
They acknowledge that Ally Whitlock Photography gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture.
If the picture is issued or reproduced by or with the authority of the Client then, the Client shall indemnify Ally Whitlock Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
This Agreement shall be subject to and constructed according to UK Law and the parties agree to accept the exclusive direction of the Courts of Scotland.
No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.