Terms of Business
TERMS AND CONDITIONS
1. DEFINITIONS
Our Terms and Conditions of Business apply to all dealings between The Photography Firm (the trading name of APM Studios Ltd) (“Us” or “The Company”) and you (“The Client” or “The Customer”).
“Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
2. COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. Where applicable, if a Licence to Use the material has expired, the Photographs must be removed from the Client’s computer systems / databases if electronic.
4. IMAGE USE
Unless otherwise stated, by instructing and paying for our services, we offer you a full licence to use the images for your own commercial purposes, whether online or in print. This assumes that images will be used to promote your own company, its products or services, whether directly or via a third party (with your permission). Unless otherwise stated, there will be no time limit on this use. You are not permitted to sell or give away the images in any way, including via online libraries, or to use them on any printed merchandise unless previously agreed in writing.
We have the right to use images for our own promotional purposes. This may include, but is not limited to, use on our website and in portfolios & case studies, as well as on our social media channels. Where appropriate, and in the case of non-branded images only, they may also be submitted to our stock photography libraries. Branded product images are not permitted on stock photography libraries. If we have agreed upon an initial exclusive use period, we will not publicise images in any way until after this date. This agreement must be made in advance of the shoot and in writing on our booking confirmation form.
5. EXCLUSIVITY
The Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer 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/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
6. 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/her obligations in relation to the commission.
7. INDEMNITY
The Photographer agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she 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 all other cases the Client 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. PAYMENT
If you have an account with us, invoice terms are 30 days from supply of images. If you do not have an account, we will supply you with low resolution, watermarked files for approval. We request full settlement of your invoice before final files will be sent. If you need your invoice in advance of your shoot to ensure a speedy file supply, please let us know.
Please note, as outlined in section 10 – We do not work on a ‘pay per image used’ basis. When you instruct us, you are committing to pay for the time we spend on your shoot, or on the fixed cost basis as appropriate, which will be agreed in writing, in advance.
9. 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 already agreed or estimated.
10. REJECTION / CREATIVE DIRECTION
Creative photography is, by nature, entirely subjective. If you have a very clear idea of the style or composition that you want for your shoot, it’s preferable that you attend to direct. If you’re unable to do this, it’s essential that you convey your thoughts to us in as much written detail as possible, prior to your shoot. Please try to avoid multiple instructions via email, or over the phone – we need all information for your shoot contained in the brief document.
We are very happy to work remotely from a brief, or to take complete creative lead on your shoot, but please be aware of the following points:
- We do not work on a ‘pay per image used’ basis. When you instruct us, you are committing to pay for the time we spend on your shoot, which will be agreed in writing, in advance.
- As a gesture of goodwill, we allow for a maximum 10% rejection rate based on style or composition. Over and above this, reshoots will be charged in full (see exceptions below).
- Where models, locations or additional fixed costs are involved, all reshoots are charged in full so we strongly advise attendance.
Exceptions – Reshoots are free of charge if:
- Products are placed / positioned incorrectly (eg. upside down, back to front, or contrary to your written instructions etc). Please ensure to document correct positioning or styling instructions carefully as what may be obvious to you, may not be obvious to us.
- Images are not of a high technical quality (eg. products / subjects are out of focus, poorly lit etc)
- We have not met your written brief (omitted items on your shot list, used inappropriate or omitted requested props etc)
If requested in advance, we can supply you with a contact sheet of low res, un-retouched images from your shoot. These are for your approval on product positioning and prop inclusions. If any reshoots are necessary, it is more economical to do at this point than waiting for final images that have been retouched.
11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
12. RIGHT TO A CREDIT
If agreed in advance, in writing, the credit ‘© Photography Firm’ must appear on or beside all images provided by us, with a link to the website where appropriate.
13. 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 the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
14. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
15. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.
16. GENERAL DATA PROTECTION REGULATION AND PRIVACY
Please see our Privacy Policy in full for information about how we collect and use your data.
