Terms and Conditions of commissioning and reproduction of images from Steve Gregson Photography
1. Terms and Definitions:
picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction;
(b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other 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);
(d) the Photographer (otherwise known as Steve/ Steven Gregson) is the Author of the photograph or the Photographer.
(e) These terms and conditions represent the entirety of the agreement between Steve Gregson Photography and the Client. Any variation is only applicable when agreed in advance and in writing;
2. Copyright and Ownership of Materials:
The entire copyright in the pictures is retained by the Photographer, Steve Gregson, at all times throughout the world.
Title to all photographs remains the property of the Photographer;
Steve Gregson Photography supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in any given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Steve Gregson Photography's grant of reproduction rights in respect thereof.
(d) Images will be licensed for use for a specified period. When the License to Use has expired, the images should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. The Photographer reserves the right to make an additional charge for continued use after this period;
(e) Steve Gregson asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988;
(f) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Steve Gregson Photography Images any fee payable by the Client shall be subject to an increase specified by Steve Gregson Photography, and in any event an increase of not less than 25%.
3. Use and Reproduction:
(a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Steve Gregson Photography invoice. An agreement must be reached with Steve Gregson Photography before the pictures are used for a different purpose or after the licence to use has expired.
(b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights;
(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(e) Steve Gregson 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.
(f) 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, Steve Gregson Photography may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
4. Definitions of Reproduction Rights:
The following terms are used when describing the reproduction rights granted by Steve Gregson Photography to the Client:
Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site, but not any other public document.
(b) PR and Press distribution: The right to use the pictures as described in an editorial context where no fee has been paid to guarantee publication;
4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;
(b) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice;
(c) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
(d) Company Public – right to use the pictures as described above; plus a license for use on Company public websites, public promotional literature, company social media outlets (including, but not limited to Facebook, Instagram, Twitter, etc…) and annual reports.
5. Booking and Cancellation:
(a) Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, Steve Gregson Photography will not accept any other work from other clients for those times and dates;
(b) As a result, once a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule: (i) When a client cancels a confirmed booking within fourteen days of any confirmed date a fee of 50% of the booked time rate will be charged; (ii) When a client cancels photography within less than 7 days of any confirmed date, a fee of 75% of the booked time rate will be charged; (iii) When a client cancels photography within less than two days of any confirmed date, a fee of 100% of the booked time rate will be charged; (iv) In addition to this cancellation fee, the client will be charged for any expenses already incurred by Steve Gregson Photography.
(c) If Steve Gregson Photography Images – with the agreement of the client – cancels a shoot due to inclement weather/lighting conditions or any other reason beyond Steve Gregson Photography control and the client is unable or unwilling to arrange or agree a suitable new date within either a reasonable and mutually agreed timescale OR two calendar months, then the client will be liable to pay 50% of the booked time rate plus any expenses already incurred by Steve Gregson Photography.
6. Payment Terms:
Steve Gregson’s payment terms are strictly net 28 days (four weeks) unless agreed in advance and in writing;
(b) If payment is not made in accordance with (a) above then Steve Gregson Photography may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998;
(c) A fee of £20 (excluding VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
(d) Until Steve Gregson Photography has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Steve Gregson Photography is committed to grant reproduction rights and the Client to acquire them. If after such invoicing
but before payment the Client requests cancellation of the reproduction rights Steve Gregson may, in its discretion, cancel subject to the Client paying a cancellation fee.
(e) The Client’s right to reproduce a picture arises only when Steve Gregson Photography’s invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Steve Gregson Photography to rescind the Agreement and rendering the Client liable for the payment of damages;
(f) If any invoice issued to the Client is not paid by the due date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that Steve Gregson Photography may consider these invoices as overdue when pursuing
legal action for the recovery of said debts, from the invoices.
(g) Steve Gregson Photography reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of pictures, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
Steve Gregson Photography Images will edit every take and deliver what it considers to be the best of every situation covered, whether selections made from digital contact sheets/ proofs, or final selections made by Steve Gregson Photography.
(b) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
(c) No addition to, deletion from or alteration or adaptation of a picture may be made without the written permission of Steve Gregson Photography.
8. Liability and Indemnity:
While Steve Gregson Photography takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption;
(b) The Client agrees to indemnify Steve Gregson 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 Steve Gregson Photography.
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Steve Gregson 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, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify Steve Gregson Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
(d) Risk in and responsibility for any original transparencies or prints passes to the Client from the time they are received until their safe return. The Client shall immediately inform Steve Gregson Photography in writing of any loss or misuse of, or damage to the pictures while in the Client’s possession or that of any third party. If a picture is not returned within four weeks of the
date for return then Steve Gregson Photography may in its sole discretion presume it to be lost.
(e) The Client shall be liable to pay compensation to Steve Gregson Photography in respect of each picture lost or damaged. Payment of compensation does not give rise to any rights in any picture. Compensation levels for the pictures are available from Steve Gregson upon written request. These levels are a genuine pre-estimate of the loss which would be suffered if such a picture were to be lost or damaged. The Client is urged to request these figures and to take out insurance cover to cover the total value of the pictures delivered.
9. Applicable Law:
This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England;
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
(c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.
10. Printed Publications:
In the case of printed publications, two copies of the relevant pages containing any picture supplied are to be furnished, free of charge, to Steve Gregson Photography within two weeks. In any other media, evidence of use must be made available if requested.
Steve Gregson Photography’s terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.
Payment by BACS is preferred and bank details will be provided on my invoice. Cheques may be accepted as ‘pro-forma payment’ if agreed in writing and paid in advance of Steve Gregson Photography providing his services. Cheques would be made payable to “Steven Gregson”. Please note, when making payment by cheque, proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.