One Year Commercial Licence
(This licence is suitable for images that have a one year shelf life)
TERMS AND CONDITIONS
(a) For this agreement “Powerful Photography” and “the Client” where the context permits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is direct (i.e. with no Agency or intermediary), all references in this agreement to both “Powerful Photography” and “the Client” shall be interpreted as references to the Photographer’s Client.
(b) For this agreement “Powerful Photography” will mean the Author of the Photograph or Don Jordan. And shall where the context permits include their respective assignees, sub-licensees and successor in title.
(c) “Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic works in existence now or yet to be developed.
(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 excluded unless agreed in writing beforehand by the Photographer.
(f) Where time is of the essence the Photographer entirely at its discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.
(g) The client must provide a written notice, to enable the signing and acceptance of the order by a third party.
(h) When a Client’s policy is not to rely on email confirmations, the client will receive a hardcopy. However, email traffic will constitute a contract in law.
(a) The Author (Powerful Photography) retains the entire copyright in the Photographs and Works at all times, throughout the World.
(b) Where reproduction of Works 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 (Powerful Photography.)
(b) When the License to Use has expired the Photographs must be returned to the Photographer in good condition within 30 days and any archived digital files destroyed.
(c) The ownership of any materials used in producing the Works is non-transferable.
(a) The License to Use comes into effect from the date of payment of the relevant invoice(s).
(b) No use applies to all of the Photographs/Imagery before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing.
(c) No use applies if the due date to make the full payment has expired or if Powerful Photography goes into receivership or liquidation.
(d) Where restricted in the agreement, permission to use the Photographs for other purposes will usually be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with the Photographer before the Photographs may are for other purposes. Unauthorised image use breaches the licence and will incur further charges.
(e) Any reproduction rights granted are by way of licence only.
(f) No use applies upon 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 notice, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
(g) No use applies to Bill Board advertising, unless permission is given in writing by Don Jordan of Powerful Photography, and agreed by both parties.
(a) No exclusivity rights are given unless agreed to in writing, by Powerful Photography or The Client.
(b) The Photographer retains the right in all cases to use or sell the Photographs.
(c) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
- CLIENT CONFIDENTIALITY.
(a) The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations concerning the commission.
(a) It is the client who must satisfy himself/herself/Itself that all necessary rights, model releases, clearances or consents required for reproduction of people, places or items depicted within any Works obtained.
(b) The Photographer gives no warranty or undertaking to receive or obtain any such rights, releases or consents, concerning the use of people, trademarks, names, registered or copyright designs or Works of art depicted in any picture.
(c) The Photographer shall only be responsible for obtaining such clearances via an agreement 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, Don Jordan their employees or agents or otherwise, and it is the client’s responsibility to insure against such loss or damage.
- Payment by the Client will be strictly within 30 days of the issue of the relevant invoice for the commissioned work.
- (b) After that, further charges may apply for any additional physical correspondence issued for the recovery of the outstanding debt of not less than £15.50 plus VAT each and all other costs for the collection of debts including bank charges.
- (c) A further fee of 5% over the Lloyds TSB Bank rate from time to time is added to the invoice on the first day following the initial settlement date. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced.
- (d) Where a Client is a company whether or not that company has gone into liquidation, the individual directors will be responsible for all outstanding fees and costs concerning the contract.
- The client shall approve to and be liable to extra expenses or fees, incurred by the Photographer as a result of alterations to the original brief by the client
- in addition to the costs and expenses shown on the Estimate as having been agreed or estimated.
(a) There is no right to reject based on style or composition.
- CANCELLATION & POSTPONEMENT.
(a) A confirmed booking constitutes a legal contract from the date of payment and submission. The Photographer will, at his/her discretion, charge a fee of cancellation or postponement.
- RIGHT TO A CREDIT.
(a) The Licence to Use requires that the Photographer’s name ‘Don Jordan’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his/her 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.
13. SUPPLY TO THIRD PARTIES.
(a) The licence only applies to the client and product stated on the Licence to Use.
- ELECTRONIC STORAGE.
(a) Save for production for the licenced use(s). The Photographs may not be stored or archived in any form without the written permission of the Photographer.
(b) Manipulation of the image or use of only a portion of the image may only take place with the written consent of the Photographer.
(c) 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.
(a) This agreement shall be governed by the Laws of England & Wales.
(a) These Terms and Conditions shall not be varied except by agreement in writing.