Ian Stenson Photography Terms and Conditions
1) Definitions. For the purposes of this agreement the client is the party commissioning Ian Stenson Photography (ISP). For the purposes of this agreement the client shall, where the context so admits, include their respective assignees, sub licencees and successors in title. Photographs means all material furnished by ISP, whether electronic or prints. Fees means photographers fees as set out in the estimate. Expenses means any costs necessary to produce the images apart from fees. Estimate means any document prepared by ISP setting out the fees and expenses necessary to produce the shoot. Usage Licence is the licence granting specific reproduction rights to the photographs and outlined in the estimate. Days referred to are working days. Shoot duration includes all shoot, travel, casting, recce or other preparation days. The shoot is defined as the number of confirmed days whether the job is undertaken as a whole or in separate parts.
2) Copyright and Ownership of Materials. The copyright in the photographs including ownership of all materials is retained by ISP at all times throughout the world. Buy relates to a print. Fees are based on a usage licence. In the absence of a licence there is no usage granted whatsoever. Changes to the usage licence required must be negotiated with ISP. The usage licence is not exclusive unless specified through separate negotiation with ISP. A high resolution digital file including photography in context of use, e.g. advertisement, or a hard copy of printed material incorporating photography must be supplied on request to ISP.
3) Use. The usage licence comes into effect from the date of full payment of the relevant invoice. No use made be made of the photographs before payment in full of the relevant invoice without ISP's express permission. Any permission which may be given for prior use will be revoked if full payment is not made by the due date or if the client is put into liquidation or receivership. If use is restricted in the usage licence permission to use the photograph for another purpose will normally be granted on full payment of a further fee. The usage licence shall not be assigned to any third party without ISP's permission. Accordingly, even when any form of all media licence is granted ISP's permission must be obtained before any use of the photographs for other purposes e.g. use in relation to another product or sub licencing through a photolibrary. Any estimates of usage fees are valid for a period of six months only. If an exclusivity period has been agreed within the usage licence and has expired ISP shall be entitled to use and licence for others to use the photographs for any purposes. ISP retains the right in all cases to use the photographs at any time unless an embargo is agreed with the client for the purposes of promoting ISP.
4) Indemnity. ISP shall only be responsible for obtaining clearance in respect of a third party copyright works, trademarks, designs or other intellectual property if this has been expressly agreed in writing before the shoot. In all other cases the client shall be responsible for obtaining such clearances and will indemnify ISP against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
5) Payment. Estimates are not quotations so allow a 10% contingency budget on all estimates. Expenses and production costs to be paid in advance of the shoot or on demand whichever applies. Terms of payment immediate on invoices for expenses in advance and 30 days from date of all other invoices. All fees for the right to use photographs once agreed are payable whether the usage is appropriated or not. ISP reserve the right to charge 2% interest per month on amounts overdue. Prints have to be paid for on order. No prints will be dispatched until full payment has been received
6) Contingency Expenses. Where extra expenses or time are incurred by ISP as a result of alterations to the original brief by the client, or otherwise at their request, the client shall be liable to pay such extra expenses or fees at an agreed rate in addition to that which has been estimated.
7) Rejection. If the client is not present during the shoot then ISP's interpretation of the brief is deemed acceptable to the client. Unless stated in writing on the day of the shoot there is no right to reject on the basis of style or composition unless otherwise agreed.
8) Cancellation/Postpone/Reshoot. If a confirmed shoot is cancelled, postponed or it is necessary to reshoot outside ISP's control, including but not limited to unsuitable weather or light, the following fees plus expenses in all cases are applicable. On shoots of 2 days duration or less, cancellation within 2 days notice = 90% of fees plus expenses incurred. Between 3 and 6 days notice = 70% fees plus expenses incurred. 7 days notice and over = 20% of fees plus expenses incurred. On shoots in excess of 2 days duration cancellation within the number of shoot days or less = 100% fees plus any expenses incurred, within twice the number of shoot days = 75% of fees plus expenses incurred, in excess of twice the number of shoot days = 25% of fess plus expenses.
9) Right to Credit. ISP must be credited on all editorial uses and in other cases if stated in the estimate.
10) Liability. ISP's liability in any case is limited to professional fees which have been agreed. ISP shall not be liable to client for any loss of profit, contracts, business or revenues, production or for any indirect special or consequential loss, damage, expenses or any other claims which arise out of the shoot.
11) Third Parties. Bookings of all third party suppliers are subject to such T&C's as these parties may impose, available on request. ISP takes no liability for model fees incurred due to additional usage of images above and beyond the usage stated on the final invoice.
12) Confidentiality. It is the sole responsibility of the client to arrange for ISP plus any third party involved to enter into any confidentiality agreement. ISP cannot be held liable for any breach of confidentiality by a third party.
13) Complaints. Postal Prints direct from website : all complaints must be made within seven days of receipt and contact must be made via the contact page on the website (www.ianstenson.photodeck.com). All emails will be responded to within 7 days. Additional contact details may be supplied upon further investigation of the complaint. Estimates will be provided for C-Type prints. Clients must clearly state image number, size of print and border requirements if required. C-Type Prints ordered from estimates: all C-Type prints are inspected by ISP before shipping and go through ISP quality checking. C-Type prints are only shipped within the UK and are delivered via recorded delivery. No prints will be sent out until full payment has been received. Contact must be made via the contact page on the website (www.ianstenson.photodeck.com). All emails will be responded to within 7 days.
14) Applicable Law. This agreement shall be governed by the laws of England & Wales and are subject to the exclusive jurisdiction of the English Courts, to whom all parties submit.
15) Variation. These terms and conditions shall not be varied except by agreement in writing.