Terms and Conditions
Bristol Photographer Jonathan Bowcotts Terms and Conditions [England & Wales]
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 Jonathan Bowcott Photography’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 Jonathan Bowcott Photography’s client. “Photographs” means all photographic material furnished by Jonathan Bowcott Photography, whether transparencies, negatives, prints or any other type of physical or electronic digital material.
The entire copyright in the photographs is retained by Jonathan Bowcott Photography at all times throughout the world. The Photographer also asserts his statutory right to be identified in the circumstances set out in sections 77-79 of the Copyright and Patents Act 1988 or any amendment or re-enactment thereof. Any copying and distribution of the image(s), outside of the agreed licence, by whatever means is considered to be in breach of copyright and you may be prosecuted under the aforementioned Copyright Act.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Jonathan Bowcott Photography. When the licence to use the material has expired the Photographs must be returned to Jonathan Bowcott Photography in good condition within 30 days.
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 Jonathan Bowcott 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 and product as stated on the front of this form and its benefit shall not be assigned to any third party without Jonathan Bowcott Photography’s express permission. Accordingly, even where any form of “all media” Licence is granted, Jonathan Bowcott 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 this Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further usage. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions. Prior arrangement should be made for any image taken as part of a session (and not specifically for the cover of a publication) that is subsequently used as a cover image as it may be subject to an additional fee.
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including Jonathan Bowcott Photography. However, Jonathan Bowcott 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 Jonathan Bowcott Photography shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
Jonathan Bowcott 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 Jonathan Bowcott Photography to carry out his obligations in relation to the commission.
Jonathan Bowcott Photography agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of the failure by the photographer to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In other cases the Agency shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
8. A DAY
A photographic day is normally 8 hours between 8am and 7pm and includes a ‘lunch’ break. Jonathan Bowcott Photography reserves the right to levy an additional fee if the day overruns or the hours are considered to be unsocial.
Payment by the Agency 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 14 days Jonathan Bowcott 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 was made. The interest rate penalty is currently 8% above the base rate of the Bank of England. We understand and will exercise our statutory right to interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
All clients should ensure that goods entrusted to Jonathan Bowcott Photography are insured against all risks.
Where extra expenses or time are incurred by Jonathan Bowcott Photography as a result of alterations to the original brief by the Agency or Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at Jonathan Bowcott Photography’s normal rate to Jonathan Bowcott Photography in addition to the expenses shown overleaf as having been agreed or estimated.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
13. CANCELLATION AND POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly Jonathan Bowcott Photography will, at his discretion, charge a fee for cancellation or postponement. This may include incurred costs and any cancellation fees levied upon Jonathan Bowcott Photography as a result of a cancellation.
14. RIGHT TO A CREDIT
If the box on the invoice and licence marked “Right to a credit” has been ticked Jonathan Bowcott Photography’s name will be printed on or in reasonable proximity to all published reproductions of the photograph(s). By ticking the box overleaf Jonathan Bowcott Photography also asserts his statutory right to be identified in the circumstances set out in sections 77-79 of the Copyright and Patents Act 1988 or any amendment or re-enactment thereof.
15. IMAGE PREPARATION AND DELIVERY
By default, images are usually supplied as 8 bit tiffs with an embedded sRGB profile. For best results clients are advised to have colour management switched on in Photoshop to ensure colour accuracy. Jonathan Bowcott Photography will not accept any responsibility for colour shifts or any other colour management issues arising from the agreed formats described above. Any changes to this agreed colour management policy needs to be made, in writing, prior to any shoot.
16. 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 Jonathan Bowcott Photography. Manipulation of the image or any use of only a portion of the image may only take place with the permission of Jonathan Bowcott Photography.
17. ARCHIVAL STORAGE
Jonathan Bowcott Photography endeavours to digitally archive images for 2 years after the work is completed. Images are stored on a minimum of two separate hard drives. Whilst it is impossible to guarantee digital data storage this method ensures Jonathan Bowcott Photography is as safe as is practicably possible. However, Jonathan Bowcott Photography cannot accept responsibility for long term, indefinite storage unless prior agreement has been made in writing. Jonathan Bowcott Photography cannot accept responsibility for any loss resulting from unforeseen, unexpected or catastrophic failure to the storage devices. Any image retrieval requests may incur a fee.
18. APPLICABLE LAW
This agreement shall be governed by the laws of England and Wales.
These terms and conditions shall not be varied except by agreement in writing