1. These terms & conditions shall apply to the Contract to the exclusion of any other terms & conditions put forward by the Client.
2. It is the Client’s responsibility to ensure that all the necessary clearances have been obtained to allow the photographs to be taken without hindrance or infringements of trademarks or copyrights. It is the Client’s responsibility to gain written parental permission when persons under the age of sixteen years are to be photographed. Permission is also necessary to allow identification and publication of photographs of children. Shaun Walker accepts no liability for non-supply of pictures if parental permission has not been granted.
3. Any queries relating to the photographs or to the invoice must be raised immediately upon receipt. Pictures cannot be rejected for reasons of style or composition.
4. Invoices must be paid on receipt of images. Overdue invoices will be subject to interest at the Bank of England base rate (on the day the payment is due) plus 8%, plus an administration charge of up to £70.00, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
5. SAW Photography retains full copyright in all images, at all times, throughout the world, in accordance with the Copyright, Designs and Patents Act 1988. Shaun Walker asserts his right to be identified as the author of all images, by the words: “Photographs by Shaun Walker at www.sawphotography.co.uk.
6. The Client will be authorised to publish the photographs to the exclusion of all other persons including Shaun Walker. However, Shaun Walker retains the right in all cases to use the photographs in any manner, at any time, in any part of the world, for purposes of advertising or promoting his work. After the exclusivity period indicated in the Usage Licence, Shaun Walker shall be entitled to use the photographs for any purposes.
7.The Client is authorised to use photographs only for the purpose(s) specified. No licence becomes effective until the invoice is paid in full. No use may be made of the photographs before payment, without Shaun Walkers’ express permission. Any permission for prior use will be automatically revoked if full payment is not made by the due date, or if the Client is put into receivership or liquidation. The licence is granted to the named Client only, and is not transferable. Permission to use the photographs for purposes outside the terms of the licence will normally be granted upon payment of a further fee, which must be mutually agreed before such further use.
8. LICENCE. Unless specified on a separate licence: (a) Clients are licensed to use commissioned photographs for any editorial use, in perpetuity, on behalf of the original company who commissioned the photography; (b) Clients have a period of exclusivity of one year, except for uses related to promoting the work of Shaun Walker; (c) Any publication of the photographs to gain publicity for companies other than the original commissioning company, but not their agency, will require a reproduction fee to be paid to SAW Photography ; (d) Any use of photographs in advertising material will require a reproduction fee to be paid to SAW Photography; (e) Shaun Walker retains full copyright in all images at all times throughout the world.
9. Once the Client has made a booking for a specific time and date, Shaun Walker will not accept any other work from other clients for those times and dates. As a result, once a booking is made, if it is subsequentially cancelled (or postponed), a cancellation fee will be charged to the Client. When a Client cancels (or postpones) a booking within two weeks of any confirmed date, a fee of 50% of the time rate will be charged. When a Client cancels (or postpones) a booking within one week of any confirmed date, a fee of 100% of the time rate will be charged.
10. Expenses. Where extra expenses or time are incurred by SAW Photography as a result of alterations to the original brief by the Client, or otherwise at their request, the client shall give the approval to and be liable to pay such extra expenses or fees at SAW Photography’s normal rate to the Photographer in addition to the expenses when quoted as having been agreed or estimated.
11. Electronic Storage. Save for purposes of the reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of Shaun Walker. Manipulation of the image or use of only a portion of the image may only take place with the permission of SAW Photography.
12. Applicable Law. This agreement shall be governed by the laws of England & Wales.
13. Variation. These terms and Conditions shall not be varied except by agreement in writing.