Registered Details: JWP Trades under Pearl Pictures Ltd
1 Athenrye Court, Cumberland Street, Woodbridge, Suffolk IP12 4AP
Registered Company Number for Pearl Pictures Ltd – 6709024.
Terms & Conditions
1. Definitions: For the purpose of this agreement the “Client” shall include their respective assignees, sub-licensees and successors in title. The “Photographer” shall mean Jemma Watts and any assistants. “Photographs” shall mean all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic and digital material.
2. Copyright: The Photographer retains entire copyright of the images at all times throughout the world, as protected by the Copyright and Design Act 1988. It is contrary to the act to copy or allow to be copied either electronically or photographically any image created as part of this contract without the permission of the Photographer in writing. When confirming the booking, the Client agrees that they understand the difference between high and low resolution images.
3. Ownership of materials: Title to all Photographs remains the property of the Photographer. The Photographer retains the right to use the images for the purposes of marketing. This includes the website, portfolio, printed literature, exhibition stands, competitions, editorial features and advertising. When the time period on the Licence to Use has expired, all the photographs must be returned to the Photographer in good condition within 30 days, or digital images deleted.
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). Any permission that may have been given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. The Licence only applies to the Client and product as stated on the front of the form and its benefit shall not be assigned to any third party without the Photographer’s express permission. Accordingly, even where an “all media” Licence has been granted, the Photographer’s permission must be obtained before any use is made in relation to another product or sublicensing through a photolibrary. 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 before such further use. Unless stated in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.
5. Exclusivity: The Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, 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 her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
6. Payment: Payment for the commissioned work or re-sale (where licenced) will be expected 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.
7. Expenses: When extra expenses or time are incurred by the Photographer, either as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer. This will be in addition to the expenses shown overleaf as having been agreed or estimated.
8. Rejection: Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
9. Estimates: If a fee has been quoted on the basis of completion of the commission, it is understood that the figure quoted is an estimate, and accordingly the Photographer reserves the right to charge for all work done including if for any reason the work commissioned takes longer than the time originally anticipated at the date of the estimate.
10. Cancellation: A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at her discretion, charge a fee for cancellation or postponement. This fee would normally be charged as follows:
Cancellation less than 48 hours before first day: 50% of fee payable Cancellation less than 24 hours before first day: full fee payable.
11. Indemnity: The Photographer agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
12. Right to credit: The Photographer will be credited for all printed work. The Photographer asserts her statutory right to be identified as set out in sections 77-79 of the Copyright, Designs and Patents Act 1988, or any amendment or re- enactment thereof.
These terms and conditions are governed by the laws of England and Wales, and are effective in relation to all dealings with Jemma Watts Photography. All confirmed commissions, whether verbal or written, imply understanding and acceptance of these terms, which will not vary unless by agreement in writing.