Terms & Conditions
Payment by the client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days Darren Robinson 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.
The license to use images is only offered after payment is made in full
The entire copyright in the Photographs is retained by Darren Robinson Photography at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of Darren Robinson Photography. When the License to Use the material has expired the Photographs must be returned to Darren Robinson Photography in good condition within 30 days.
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 Darren Robinson 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 License only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without Darren Robinson Photography’s permission. Accordingly, even where any form of ‘all media’ License is granted, the photographer’s permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sublicensing through a photo library. Permission to use the Photographs for purposes outside the terms of the License 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 Licenses in respect of the Photographs will be subject to these terms and conditions.
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including Darren Robinson Photography. However, Darren Robinson 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 License to Use Darren Robinson Photography shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
Darren Robinson Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable Darren Robinson Photography to carry out his obligations in relation to the commission.
Darren Robinson Photography agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by Darren Robinson Photography to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. Darren Robinson Photography shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify Darren Robinson Photography against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Where extra expenses or time are incurred by Darren Robinson Photography as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at Darren Robinson Photography’s normal rate to the Photographer 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.
10. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly Darren Robinson Photography will charge a fee for cancellation or postponement.
These charges are as follows:
- Cancellations within two weeks will incur a 50% cancellation fee.
- Cancellations within 72 hours will incur a 75% cancellation fee.
- Cancellations within 24 hours will incur a 100% cancellation fee.
12. 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 Darren Robinson Photography. Manipulation of the image or use of only a portion of the image may only take place with the permission of Darren Robinson Photography.
13. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales.