Terms and conditions
Terms and conditions for commercial photography
The License to Use does not formally come into force until payment is received in full.
DEFINITIONS. (a) For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency“ and “the Client” shall be interpreted as references to the Photographer’s Client. (b) For the purpose of this agreement “The Photographer” will mean Aiden Clarke Photography. And shall where the context so admits include their respective assignees,sub-licensees and successor in title. (c) “Photographs” and“Works” means all photographic material furnished by the Photographer (d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable. (e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing before hand by the Photographer. (f) Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order. (g) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so. (h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law
COPYRIGHT. (a) The Photographer retains the entire copyright in the images at all times, throughout the world unless specific agreements for copyright purchase by the client are agreed in writing. (b) Where reproduction of photographs has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
OWNERSHIP OF MATERIALS. (a) Title to all Photographs remains the property of the Photographer. (b) When the licence to Use the material has expired any archived digital images must be destroyed by the client.
USE. (a) The License to Use comes into effect from the date of payment of the relevant invoice(s). (b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing. (c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client or Agency is put into receivership or liquidation. (d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be made with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made. (e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied. (f) On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
EXCLUSIVITY. (a) The photographer's standard Licence to Use gives exclusivity on the images for 1 year to the Client unless agreed otherwise in writing. A longer exclusivity period can be negotiated if required (b) The Photographer retains the right to use the photographs for the purpose of promotion and marketing of his business under all licensing situations unless special circumstances apply.
CLIENT CONFIDENTIALITY. The photographer 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 the Photographer to carry out his obligations in relation to the commission.
INDEMNITY. (a) It is the client who must satisfy himself/herself that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any works are obtained. (b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights,releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or Works of art depicted in any picture. (c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. (d) In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. (e) The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, Aiden Clarke, their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
PAYMENT. (a) Payment by the Client will be on receipt of the photographers’s invoice for the commissioned work unless alternative terms are agreed in writing. (b) If payment is not made in accordance with (a) above then Aiden Clarke Photography may rescind any Agreement and recover damages, or, at it's option, may exercise its statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998. © (c) A fee of £20 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phonecalls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices; (d) The Client's right to reproduce a picture arises only when Aiden Clarke Photography invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Aiden Clarke Photography to rescind the Agreement and rendering the Client liable for the payment of damages.
EXPENSES. (a) Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise . The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
PROCESSING AND RETOUCH EXPENSES. Shoot fees includes standard post processing which equates to basic editing steps e.g. colour balancing, contrast amending, exposure adjusting to match finished images in with brand identity. Specialist photoshop work including cosmetic retouching is charged at £75 per hour. Some packages may include some post-processing and retouching services and this will be highlighted on the quote where relevant.
CANCELLATION & POSTPONEMENT. A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement within 48 hours of the shoot date. The Photographer will always try and accommodate an alternative date if a shoot needs to be postponed due to ill health or emergency.
RIGHT TO A CREDIT. The Licence to Use requires that the Photographer’s name ‘Aiden Clarke Photography’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s) e.g. press feature, online editorial feature. The client is not required to include a credit next to images used on their own website or marketing literature. Crediting the photographer on social media platforms alongside images is not strictly required but is always appreciated. The Photographer also asserts his statutory and moral 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.
REJECTION. (a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
STOCK PHOTOGRAPHY. Images viewed through my website and social media profiles may be available to licence depending on any exclusivity and confidentiality clauses in place.
SUPPLY TO THIRD PARTIES. The licence only applies to the Client and product stated on the Licence to Use.
MANIPULATION OF IMAGES. Manipulation of the image (including use of filter treatments) or use of a cropped portion of the image may only take place with the written permission of the Photographer. The photographer is always happy to liaise with any other creative professionals involved in the branding project to ensure best use of the images is made.
IMAGE STORAGE Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.
APPLICABLE LAW This agreement shall be governed by the Laws of England & Wales.
VARIATION These Terms and Conditions shall not be varied except by agreement in writing.
Terms and conditions for portrait photography
Please see below for full terms and conditions relating to portrait photography services. In the following terms and conditions “the Photographer” shall mean Aiden Clarke trading as ‘Aiden Clarke Photography’. “The Client” shall be those persons responsible for booking the photography services. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of these terms shall be effective unless agreed by both parties in writing.
BOOKING AND CANCELLATION. Portrait photography session fees, or any fixed cost discount packages that include additional products are payable at the time of booking. A booking is considered firm as from the date of payment. Accordingly the Photographer will, at his discretion, accept cancellations and issue a refund depending on the amount of notice received prior to the agreed date.
COPYRIGHT. The copyright of photographs remains with the Photographer. The Photographer grants the Client permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Clients and their friends and relatives. Sale, Publication, Entry to awards or any Commercial use of the photographs is not allowed without prior written permission from the Photographer. The Client hereby allows the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media, sample albums etc. as he sees fit.
IMAGES. The Photographer will be responsible for creative choices in terms of the images captured during the shoot, but will take into account the Client’s reasonable instructions in respect of the shoot brief. Following completion of the shoot the Photographer will deliver final processed images sized for social media to the Client via an online link as soon as reasonably practical, but cannot guarantee urgent turnaround. RAW image files remain the property of the Photographer and will not be supplied.
ADDITIONAL EXPENSES. No travel expenses are charged for shoots up to a 30 mile round trip from the Photographer’s location at YO11 2PW. Additional mileage will be charged to the Client at 55p per mile. Travelling time is charged at £30 per hour. If the portrait session is taking place on location, any entrance fees, parking fees or related expenses will be payable by the Client. Portrait sessions include digital delivery of the watermarked best images from the shoot at a size appropriate for sharing on social media. Following the shoot, if the Client wishes to purchase full resolution digital files, prints or wall art these can be arranged at additional cost. Additional products will be arranged on receipt of full payment and delivered directly to the Client.
Please note that there will be a charge for delivery of physical products, including those redeemed as part of a gift voucher package.
PAYMENT. Portrait photography sessions, gift vouchers and fixed cost discount packages are payable at the time of booking. Should the Client later order any additional printed products or digital files these will be payable at the time of order. All major cards are accepted.
RETOUCHING. All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer’s judgement regarding these corrections and the number of images put forward to the Client shall be deemed correct. Retouching, digital manipulation etc is available to the Client as an option at extra cost.
CONFIDENTIALITY. The Photographer 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 except where reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission. Any information or data is kept in accordance with data protection principles set out in the Data Protection Act available on the ICO (Information Commissioner’s) website.
LIABILITY. The Photographer will take all reasonable steps to ensure equipment is in good working order, backup equipment is available where appropriate and that images are backed up in a responsible manner. 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.
Aiden Clarke Photography holds Public Liability Insurance for £2 million.
Monday - Saturday
9am - 6pm
Aiden Clarke AMPA, ABIPP, ARPS
Qualified multi award winning
Tel: 01723 351347
Mob: 0797 550 0231
Woodend Creative Workspace
The Crescent, Scarborough
North Yorkshire, YO11 2PW
(Please make an appointment before visiting)