HIP TO HEART PHOTOGRAPHY commercial CONTRACT, TERMS & CONDITIONS
This agreement contains the entire understanding between Hip to Heart Photography (aka Laura Kate Bradley) and the Client. It supersedes all prior and simultaneous agreements between the parties. Only those changes or modifications specifically placed in writing, attached, dated and signed by the Clients and Hip to Heart Photography at the time of acceptance of this contract shall be recognised as amendments to this contract. All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable. For the purpose of this agreement “The Photographer” will mean the Author of the Photograph or Laura Kate Bradley. And shall where the context so admits include their respective assignees, sub-licensees and successor in title. “Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed. Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so. When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
The Author retains the entire copyright in the Photographs and Works at all times, throughout the World and where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988. The Client understands that no unedited images or RAW files will be released at any time.
8. ROYALTY FREE LICENSE
The Photographer retains the copyright of the images as described in section 2. The License to Use does not permit the editing or selling of the images by the clients or third parties. It is also prohibited to allow third parties to use the images without the expressed written consent of Hip to Heart Photography. The License 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 the Photographer’s express permission in writing. Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date. The images must only be used in the ways and places agreed upon by the Client and Photographer before the shoot. Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made. Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied.
It is the Client who must satisfy himself/herself/itself that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained. It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are 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. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. The Photographer shall not be liable to the Client for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Photographer, Photographer’s employees, agents or sub-contractors or otherwise) which arise out of or in connection with the shoot. The Photographer’s maximum aggregate liability for all losses, damages, costs, claims and expenses however or whenever arising out of or in connection with these Terms shall in any event be limited to the total amount of the fees paid to the Photographer in relation to the relevant Assignment.
Payment by the Client must be made for the commissioned work before any final high resolution digital files will be released to them. Before this, only low resolution, watermarked digital images will be available to view. Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise .The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
Unless expressly agreed in writing between the Parties the Client shall not be entitled to reject the Material on the basis of style or composition.
8. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee of cancellation or postponement.
9. SUPPLY TO THIRD PARTIES
The licence only applies to the Client and product stated on the Licence to Use.
10. ELECTRONIC STORAGE & EDITING
Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer. Any images used on commercial websites or on social media promoting a business, must not be cropped, edited, manipulated or have filters added to change the look of the original delivered image in any way. The Client shall ensure that it takes appropriate steps to keep safe an exact digital copy of all Works supplied for the duration of the Usage Licence. The Photographer will not be responsible for archiving any Works unless by prior written agreement with the Client.
11. Force Majeure
The Photographer shall not be liable for any failure or delay in the performance of any of such party’s obligations under these Terms caused by any circumstances beyond such party’s reasonable control.
12. APPLICABLE LAW
This agreement shall be governed by the Laws of England & Wales.
These Terms and Conditions shall not be varied except by agreement in writing.