Terms and Conditions
TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PICTURES.
1. In this Agreement the terms (a) picture includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction: (b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means (c) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
COPYRIGHT
2. (a) the entire copyright in the pictures is retained by Carl Rose at all times throughout the world.
(b) Carl Rose supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the client whether on its submission or on Carl Rose grant of reproduction rights in respect thereof.
(c) Carl Rose 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 Copyright, Designs and Patents Act 1988.
(d) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Carl Rose any fee payable by the Client shall be subject to an increase specified by Carl Rose, and in any event an increase of not less than 25%
REPRODUCTION RIGHTS
3. (a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Carl Rose's invoice. An agreement must be reached with Carl Rose before the pictures are used for a different purpose or after the licence to use has expired.
(b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights
(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(e) Carl Rose reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
INVOICES AND BOOKINGS
4. (a) Once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within one weeks of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Carl Rose.
(b) all invoices shall be paid within 28 days of issue.
(c) If payment is not made in accordance with (b) above then Carl Rose may rescind this Agreement and recover damages, or, at his option, may exercise his statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998.
(d) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that Carl Rose may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
(e) A fee of £15.50 (including VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
Please pay all invoices A.S.A.P
PHOTOGRAPHIC SITUATIONS
5. (a) Carl Rose will edit every take and deliver what he considers to be the best of every situation covered. As a result, contact sheets (or their digital equivalent) will only be supplied to the client in exceptional circumstances.
(b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Carl Rose.
(c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
6. (a) In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Carl Rose free of charge within two weeks. In other media, evidence of use must be made available if requested.
(b) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Carl Rose gives no warranty or undertaking that any such rights, model releases or consents have 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. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Carl Rose against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
7. (a) This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
PAYMENT
Payment should be made no later than 28 days after issue of invoice by crossed cheque made payable to Carl Rose Photography. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.
1. In this Agreement the terms (a) picture includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction: (b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means (c) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
COPYRIGHT
2. (a) the entire copyright in the pictures is retained by Carl Rose at all times throughout the world.
(b) Carl Rose supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the client whether on its submission or on Carl Rose grant of reproduction rights in respect thereof.
(c) Carl Rose 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 Copyright, Designs and Patents Act 1988.
(d) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Carl Rose any fee payable by the Client shall be subject to an increase specified by Carl Rose, and in any event an increase of not less than 25%
REPRODUCTION RIGHTS
3. (a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Carl Rose's invoice. An agreement must be reached with Carl Rose before the pictures are used for a different purpose or after the licence to use has expired.
(b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights
(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(e) Carl Rose reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
INVOICES AND BOOKINGS
4. (a) Once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within one weeks of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Carl Rose.
(b) all invoices shall be paid within 28 days of issue.
(c) If payment is not made in accordance with (b) above then Carl Rose may rescind this Agreement and recover damages, or, at his option, may exercise his statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998.
(d) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that Carl Rose may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
(e) A fee of £15.50 (including VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
Please pay all invoices A.S.A.P
PHOTOGRAPHIC SITUATIONS
5. (a) Carl Rose will edit every take and deliver what he considers to be the best of every situation covered. As a result, contact sheets (or their digital equivalent) will only be supplied to the client in exceptional circumstances.
(b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Carl Rose.
(c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
6. (a) In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Carl Rose free of charge within two weeks. In other media, evidence of use must be made available if requested.
(b) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Carl Rose gives no warranty or undertaking that any such rights, model releases or consents have 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. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Carl Rose against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
7. (a) This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
PAYMENT
Payment should be made no later than 28 days after issue of invoice by crossed cheque made payable to Carl Rose Photography. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.
