Terms & Conditions
1. PAYMENT
Payment by the client will be expected for the commissioned work within 7 days/ On receipt of goods of the issue of the relevant invoice. If the invoice is not paid, in full, within 7 days Tim Bradley 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.
2. COPYRIGHT
The entire copyright in the Photographs is retained by Tim Bradley Photography at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of Tim Bradley Photography. When the Licence to Use the material has expired the Photographs must be returned to Tim Bradley 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 Tim Bradley 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 Tim Bradley Photography’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 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 (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 Tim Bradley Photography. However,Tim Bradley 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 Tim Bradley Photography shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
Tim Bradley Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable Tim Bradley Photography to carry out his obligations in relation to the commission.
7. INDEMNITY
Tim Bradley Photography agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by Tim Bradley Photography to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. Tim Bradley 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 Tim Bradley Photography against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
8. EXPENSES
Where extra expenses or time are incurred Tim Bradley 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 Tim Bradley Photography’s normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.
9. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
10. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly Tim Bradley Photography will charge a fee for cancellation or postponement.
These charges are as follows:
Cancellations within two weeks will incur a 50% cancellation fee.
Cancellations within 72 hours will incur a 75% cancellation fee.
Cancellations within 24 hours will incur a 100% cancellation fee.
12. 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 Tim Bradley Photography. Manipulation of the image or use of only a portion of the image may only take place with the permission of Tim Bradley Photography.
13. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
Payment by the client will be expected for the commissioned work within 7 days/ On receipt of goods of the issue of the relevant invoice. If the invoice is not paid, in full, within 7 days Tim Bradley 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.
2. COPYRIGHT
The entire copyright in the Photographs is retained by Tim Bradley Photography at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of Tim Bradley Photography. When the Licence to Use the material has expired the Photographs must be returned to Tim Bradley 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 Tim Bradley 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 Tim Bradley Photography’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 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 (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 Tim Bradley Photography. However,Tim Bradley 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 Tim Bradley Photography shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
Tim Bradley Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable Tim Bradley Photography to carry out his obligations in relation to the commission.
7. INDEMNITY
Tim Bradley Photography agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by Tim Bradley Photography to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. Tim Bradley 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 Tim Bradley Photography against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
8. EXPENSES
Where extra expenses or time are incurred Tim Bradley 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 Tim Bradley Photography’s normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.
9. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
10. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly Tim Bradley Photography will charge a fee for cancellation or postponement.
These charges are as follows:
Cancellations within two weeks will incur a 50% cancellation fee.
Cancellations within 72 hours will incur a 75% cancellation fee.
Cancellations within 24 hours will incur a 100% cancellation fee.
12. 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 Tim Bradley Photography. Manipulation of the image or use of only a portion of the image may only take place with the permission of Tim Bradley Photography.
13. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales