Commercial Professional Freelance Photographers in Staffordshire and Stoke on Trent providing Professional Headshots, Social Media Photography, Portraits, Freelance Photography and a range of studio photos including portfolios, LinkedIn Profiles and Adver

Terms and Conditions - Paul Pickard Photography

Telephone 07720238997.     staffordphotostudio@gmail.com

 

1 Definitions

For the purpose of this agreement ‘the Client’ shall, where the context so admits include the Client’s assignees, sub-licensees and successors in title. ‘Photographs’ means all photographic material furnished by the Photographer, whether, negatives, transparencies, prints or any digital images on disc or electronic material or any other type of physical material .

2 Copyright

In accordance with the Copyright, Designs and Patents Act 1988, the entire copyright of all images and photographs created by the Photographer is owned and retained by the Photographer at all times throughout the world.
Paul Pickard asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

More Info - https://www.gov.uk/using-somebody-elses-intellectual-property/copyright

3 Retention of Title

Paul Pickard Photography shall remain the legal owner of the photographs and the title in the photographs shall remain vested with Paul Pickard Photography until Paul Pickard shall have received in cleared funds full payment of all monies by the Customer. Until payment has been received in full Paul Pickard Photography may at any time require the photographs to be returned forthwith and if this requirement is not immediately complied with Paul Pickard Photography shall have the right( without prior notice) at any time to retake possesion of the whole or any part of the photographs and for that purpose to authorise entry upon any premises upon which the photographs are situated and sever the photographs from anything to which they are attached and remove the photographs without being responsible for any damage caused and any such action on the part of Paul Pickard Photography shall be without prejudice and any other remedies of Paul Pickard Photography

Title to all Photographs remains the property of the Photographer.

4 Client Confidentiality

The Photographer will keep confidential and will not disclose to any third parties information communicated to him in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission.


5 Payment

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 The Photographer 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.

6 Expenses

Where extra expenses or time are incurred by the Photographer 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 to the Photographer in addition to the expenses having been agreed or estimated.

7 Cancellation and Postponement

Paul Pickard retains the right to a cancellation fee of 50% of the fee agreed if the work booked is cancelled at a notice period of less than three working days ( Monday to Friday )


 8 Rejection

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style and composition.

 

9 Limitations of Liability

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract.  Neither party shall be liable for indirect or consequential loss.

 10 Force Majeure or Act of God

The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control

11 Applicable Law 

This agreement shall be governed by the laws of England and Wales.

           12 Supply of Images 

         You must satisfy yourself that all necessary rights, model releases or consents which maybe required for reproduction are obtained and      that any use of Images is not libellous, unlawful or indecent. We make no claim or warranty with regard to your use of content, names, text, people,  trademarks or copyright material depicted in any Image and you will indemnify Paul Pickard in respect of any claims, damages, costs or expenses incurred arising from the use of any Image supplied to you

13 Variation

These Terms and Conditions shall not be varied except by agreement in writing