1. DEFINITIONS

For the purpose of this agreement "the Producer" and "the Client" shall where the context so admits include their respective assignees, sub-licensees and successors in title.

2. COPYRIGHT

The entire copyright in the imagery produced is retained by the image maker at all times globally.

3. OWNERSHIP OF MATERIALS

Title to all images remains the property of the image maker.

4. CLIENT CONFIDENTIALITY

The image maker 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 image creation, save as may be reasonably necessary to enable the image maker to carry out his/her obligations in relation to the commission. Neither image maker or Producer will be liable for any breach of confidentiality by any third party.

5. PAYMENT

If the Producer moves forward with production, he/she reserves the right to add late fees at his/her discretion to our final invoice for each day after the due date that the advance remains unpaid. Late fees are calculated at 0.75% of the NET advance amount, for each day beyond the due date that an advance remains unpaid.

Payment from 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 Producer 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. ESTIMATES & EXPENSES

Estimates provided are based on the information provided by the Client in advance of preparing the estimate. Changes to the requirements of a shoot, before or during a shoot, may increase the Producer’s rate and expenses. All expenses estimates provided in advance of a shoot are estimated figures only, and the Client should allow a contingency of 10%. The Client is responsible for checking cost estimates to ensure that it is sufficient to cover all requirements, including but not limited to post-production, high resolution files, the correct Licence to Use, and all technical specifications for the shoot. All costs are exclusive of UK VAT or Sales Tax, which if applicable shall be added to the invoice.

Where extra expenses or time are incurred by the Producer 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 Producer’s normal rate.

7. OVERTIME & ANTISOCIAL HOURS

A standard shoot day is 9 hours, including 1 hour for lunch, between 9am and 6pm on any day that is not a Saturday or Sunday, or a bank holiday in England. The Producer reserves the right to charge overtime beyond this for any hours worked outside of a standard day, for the Producdr, crew, and facilities.
Additional fees for third parties required to work anti-social hours, shall be as set out in their standard terms or as otherwise negotiated.

8. CANCELLATION & POSTPONEMENT

If the Shoot is cancelled or postponed for any reason other than Producer’s fault, Weather Delay, or Force Majeure, more than 1 week (or 5 business days) before the first travel, recce, pre-light, or shoot day, whichever is earlier, the Client will be responsible for 100% of the Costs actually incurred or committed, and Fees remain at the Producer’s discretion. If the Shoot is cancelled or postponed for any reason other than Producer’s fault, Weather Delay, or Force Majeure 3-5 business days before the first travel, recce, pre-light, or shoot day, whichever is earlier, the Client will be responsible for 25% of the Fees and 100% of the Costs actually incurred or committed (including crew and talent fees).
If the Shoot is cancelled or postponed for any reason other than Photographer’s fault, Weather Delay, or Force Majeure within 24 hours before the first travel, recce, pre-light, or shoot day, whichever is earlier, the Client and Agency will be responsible for 100% of the Fees and 100% of the Costs actually incurred or committed (including crew and talent fees). Neither Photographer nor Agent shall be liable for any failure or delay in the performance of any such party’s obligations under these Terms, caused by circumstances beyond such party’s reasonable control.

9. TERMINATION & EXPIRY

Either party is entitled to terminate these terms immediately by providing written notice to the other if either party commits a material breach of the terms and fails to remedy that breach (if remediable) within 30 days after receipt of a written notice requesting it’s remedy. In addition, either party is entitled to terminate these terms immediately if either party is the subject of a bankruptcy order, becomes insolvent, or if any of the other party’s assets are the subject of any form of seizure, or if the other party goes in to liquidation either voluntary or compulsory, or a receiver or administrator is appointed over the other party’s assets. On termination, Agency or Advertiser shall pay all outstanding sums due and owing to Photographer, the due date of which shall be brought forward to the date of termination. Any termination or suspension of these terms shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law, and shall not affect any accrued rights or liabilities of either party.

10. APPLICABLE LAW

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

11. VARIATION

These Terms and Conditions constitute the entire agreement between the parties with respect to their subject matter, and shall not be varied except by agreement in writing.