Terms & Conditions
1. DEFINITIONS For the purpose of this agreement "the Client" shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where Jonny Back Photography's client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both "the Client" and "the Advertiser" shall be interpreted as references to Jonny Back Photography's client. "Material" means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer.
2. COPYRIGHT The entire copyright in the Photographs is retained by Jonny Back Photography at all times throughout the world. The Client may only reproduce the Pictures: (a) with the prior consent of Jonny Back Photography; and (b) after payment of the appropriate Reproduction Fee. 3. OWNERSHIP OF MATERIALS Title to all Photographs remains the property of Jonny Back Photography. When the Licence To Use the material has expired the Photographs must not be further used. The photographer will not be liable for degradation of images and all associated products supplied by Jonny Back Photography due to poor handling and insufficient care. 4. USE The Licence To Use comes into effect from the date of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Jonny Back 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 Client is put into receivership or liquidation. The Licence only applies to the Client and product as stated on the front of the form and its benefit shall not be assigned to any third party without Jonny Back Photography's permission. Accordingly, even where any form of 'all media' Licence To Use is granted, Jonny Back Photography's permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sublicensing through a photo library. Permission to use the Photographs for purposes outside the terms of the Licence To Use 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 Licence To Uses in respect of the Photographs will be subject to these terms and conditions. 5. EXCLUSIVITY The Client will be authorised to publish the Photographs according to the agreed Licence To Use to the exclusion of all other persons unless the section marked "Exclusivity Clause" is crossed or remains unticked, or it is stated otherwise on the estimate or invoice. Jonny Back 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 the Jonny Back Photography shall be entitled to use the Photographs for any purposes. 6. CLIENT CONFIDENTIALITY Jonny Back Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography, save as may be reasonably necessary to enable Jonny Back Photography to carry out his obligations in relation to the commission. 7. INDEMNITY Jonny Back Photography agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by Jonny Back Photography to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. Jonny Back Photography shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify Jonny Back Photography against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. 8. PAYMENT A deposit (typically 25%) is required on order and full payment is required 14 days before the photographed event unless agreed otherwise. Payment by the Client will be expected for the commissioned work within 14 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days Jonny Back 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. 9. EXPENSES Where extra expenses or time are incurred by Jonny Back Photography as a result of alterations to the original brief by the Client or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at Jonny Back Photography's normal rate to Jonny Back Photography in addition to the expenses having been agreed or estimated. 10. REJECTION Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition. The colour balance of the images will be based on the flesh tones of the subject and due to anomalies in the colour of certain materials, it is not always possible to record the exact colour of all garments. Jonny Back Photography cannot guarantee any specific image nor incorporate any specific background or group arrangement. The materials are presumed to have been received in good condition unless the client notifies Jonny Back Photography in writing of any discrepancy or error within 14 days of receipt. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition. Due to the nature of the product the photographer(s) are unable to give exchanges or refunds. This does not affect your statutory rights. 11. CANCELLATION & POSTPONEMENT A booking is considered firm as from the date of confirmation which will be advised once the deposit has been fully paid and accordingly Jonny Back Photography will, at his discretion, charge a fee for cancellation or postponement. 12. RIGHT TO A CREDIT Unless the Licence To Use section marked "Right to a Credit" remains unticked or is crossed or it is stated otherwise on the estimate or invoice, Jonny Back Photography's name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the "Right to a Credit" box overleaf Jonny Back Photography also asserts his statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. 13. 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 Jonny Back Photography. Manipulation of the image or use of only a portion of the image may only take place with the permission of Jonny Back Photography. Upon receipt of the photographs and associated products the Client accepts all responsibility for archiving and protecting the photographs and associated products supplied by Jonny Back Photography. Jonny Back Photography is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. 14. APPLICABLE LAW This agreement shall be governed by the laws of England & Wales. 15. VARIATION These Terms and Conditions shall not be varied except by agreement in writing. Last Updated: February 2010
