legal
Terms and Conditions
1. Definitions: For the purpose of this agreement the "Client" shall include their respective assignees, sub-licensees and successors in title. The "Photographer" shall mean Jemma Watts and any assistants. "Photographs" shall mean all photographic material finished by the Photographer, whether digital files, transparencies, negatives, prints or any other type of physical or electronic material.
2. Copyright: The Photographer retains the entire copyright of the Photographs at all times throughout the world unless otherwise agreed in writing.
3. Ownership of materials: Title to all Photographs remains the property of the Photographer. When the time period on the licence to use has expired, all the hard material Photographs must be returned to the Photographer in good condition, or digital files destroyed, within 30 days.
4. Use: The licence to use comes into effect from the date of payment of the relevant invoice(s). Any permission that may have been 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 as agreed and its benefit shall not be assigned to any third party without the Photographer's express permission. Accordingly, even where an "all media" licence has been granted, the Photographer's permission must be obtained before any use is made 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 before such further use. Unless stated in writing, all further licences in respect of the photographs will be subject to these terms and conditions.
5. Payment: Payment for the commissioned work or re-sale (where licenced) will be expected within 30 days of the issue of the relevant invoice. The Photographer reserves the right to charge interest at the rate of 2% per month on all outstanding sums due over 30 days from the date of issue of the invoice.
6. Expenses: When extra expenses or time are incurred by the Photographer, either 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 the Photographer's normal rate. This will be in addition to the expenses shown overleaf as having been agreed or estimated.
7. Rejection: Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
8. Estimates: If a fee has been quoted on the basis of completion of the commission, it is understood that the figure quoted is an estimate, and accordingly the Photographer reserves the right to charge for all work done including if for any reason the work commissioned takes longer than the time originally anticipated at the date of the estimate.
9. Cancellation: A booking is considered firm as from the date of commission. The Photographer will, at her discretion, charge a fee for cancellation. This fee would normally be charged as follows:
Cancellation less than 48 hours before first day: 50% of fee payable. Cancellation less than 24 hours before first day: full fee payable.
10. Indemnity: The Client agrees to indemnify the Photographer against all expenses, damages, claims and legal costs arising from the commissioned job.
11. Right to credit: The Photographer will be credited for all printed work. The Photographer asserts her statutory right to be identified as set out in sections 77-79 of the Copyright, Designs and Patents act 1988, or any amendment or re-enactment thereof.
These terms and conditions are governed by the laws of England and Wales, and are effective in relation to all dealings with Jemma Watts Photography. All confirmed commissions, whether verbal or written, imply understanding and acceptance of these terms, which will not vary unless by agreement in writing.