TERMS & CONDITIONS

1. DEFINITIONS

For the purpose of this agreement: 

a. The ‘Photographer’ (otherwise known as Ian Arthur Commercial Photography) is the Author of any pictures captured on the Clients behalf.

b. The ‘Client’ is the person or organisation to which the invoice is addressed to (whether or not the Client is acting for a third party).

c. A ‘picture’ (or pictures) includes a photograph, image, digital file, JPEG, TIFF, DNG, PSD, NEF, digital scan, montage, photo-lab print or any other item which may be offered for the purposes of reproduction.

d. ‘Confirmed’ is an agreed term where a booking for photography has been acknowledged and agreed by the Photographer.

e. These terms and conditions represent an agreement between the Photographer and the Client. Any variations must be agreed in advance and in writing.

2. BOOKING & CANCELLATION

a. A photography booking is considered as ‘Confirmed’ once the client has agreed to the booking using the online-form. The Photographer will, at his discretion, charge a fee for cancellation. NO fees will be made for any postponement of the booking.

b. Once the Client has confirmed the booking the Photographer will not accept any other work from other clients for those times and dates. 

c. Once a booking is confirmed but cancelled by the client, if a cancellation fee is deemed necessary it will be charged to the client as follows: 

1. If the client cancels the task more than 7 business days before the confirmed task date then a fee of 25% of the agreed photography fee will be charged. 
2. If the client cancels the task less than 7 business days before the confirmed task date then a fee of 50% of the agreed photography fee will be charged. 

3. COPYRIGHT

Unless agreed separately, under the Copyright, Designs and Patents Act 1988, the copyright of any Photographs created for the Client is retained by Ian Arthur Commercial Photography at all times throughout the world. This does not affect the clients ‘License of Use’, which allows the client to use the pictures internally or externally for the sole use of their company or organisation.

4. OWNERSHIP OF MATERIALS

Unless separately agreed, the title to all Photographs remains the property of the Photographer.

5. LICENSE TO USE

The Client has exclusive use of the pictures, which is called a ‘License to Use’. This means:

a. The Client may use the pictures internally or externally for the sole use of their company or organisation.

b. If the ‘Client’ is acting as an ‘Agency’ on behalf of their ‘Client’ then the subsidiary may use the pictures internally or externally for the sole use of their company or organisation.

b. The ‘Licencs to Use’ can not be assigned to any third party without the Photographer’s permission. 

c. The photographer’s permission must be obtained if the pictures are used for other purposes e.g. for use in relation to another product, another company or sub-licensing through a photo-library.

d. Permission to use the Photographs outside the terms of the license will normally be granted upon payment of a reproduction fee, which must be mutually agreed (and paid in full) before such further use. 

6. EXCLUSIVITY

a. The Client will be authorised to publish the pictures to the exclusion of all other persons including the Photographer. However, the Photographer retains the right to use one of two of the pictures from the task for the purposes of promoting his own work in the UK. 

b. If the Client requires any form of Non-disclosure, then this must be agreed at the earliest opportunity. 

7. INDEMNITY

While the Photographer will take all reasonable care in the performance of this agreement:

a. The photographer shall not be liable for any loss or damage suffered by the Client if any of the pictures provided to the Client are used outside the License or reproduced without the Clients or the Photographers permission. 

b. The Client must satisfy themselves that all necessary rights, model releases or consents in relation to the use of names, people, trade marks, registered or copyright designs are obtained before any photographs are captured. 

8. PAYMENT

Terms for payment by the Client are strictly 30 days after the issue of the relevant invoice. 

a. Details for payment by BACS, Credit or Debit Card will be provided on the invoice. 

b. If the final invoice is not paid after 30 days, the Photographer 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. 

c. The photographer also reserves the right to outsource any outstanding debt to a debt-collection agency once reasonable efforts to claim the invoice have been made.

9. CLIENT CONFIDENTIALITY

Any information provided to the photographer for the purposes of the photography and will be kept confidential and not disclosed to any third or outside parties.

10. 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 be liable to pay such extra expenses or fees.

11. REJECTION

Unless a rejection clause has been agreed in advance, there is no right to reject on the basis of style or composition.

12. APPLICABLE LAW

This agreement shall be governed by the laws of Scotland.