By completing the booking form you are agreeing to the terms and conditions below and are entering into a legally binding contract.
TERMS AND CONDITIONS
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 the Photographer’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 the Photographer’s client. “Photographs” means all photographic material furnished by Autumn Stone Photography, whether transparencies, negatives, prints or any other type of physical or electronic material whether still or motion footage.
The entire copyright in the Photographs is retained by Autumn Stone Photography at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of Autumn Stone Photography.
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 Autumn Stone 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 as stated on the front of the form and its benefit shall not be assigned to any third party without Autumn Stone Photography’s permission. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.
The Agency and Advertiser will be authorised to publish the Photographs. Autumn Stone Photography will not publish or use the images for any purpose.
6. CLIENT CONFIDENTIALITY
Autumn Stone Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to us in confidence for the purposes of the photography, save as may be reasonably necessary to enable Autumn Stone Photography to carry out our obligations in relation to the commission.
Autumn Stone Photography agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by Autumn Stone Photography to obtain any clearances for which Autumn Stone Photography was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. Autumn Stone 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 Autumn Stone Photography against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
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 Autumn Stone 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. Quotations and Estimates will remain valid for 30 days from the date supplied.
Where extra expenses or time are incurred by Autumn Stone 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 the Autumn Stone Photography’s normal rate to Autumn Stone Photography in addition to the fee agreed.
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 Autumn Stone Photography will, at our discretion, charge a fee for cancellation or postponement.
This agreement shall be governed by the laws of England & Wales
These Terms and Conditions shall not be varied except by agreement in writing.