Terms and Conditions
TERMS AND CONDITIONS - COPYRIGHT of the images shall remain the EXCLUSIVE INTELLECTUAL PROPERTY of the photographer. Grant of any reproduction rights to the Client is conditioned upon receipt of full Payment. All rights not expressly granted shall be reserved by the photographer. COMMISSIONS - COMMERCIAL PHOTOGRAPHY - Where a Client requires the photographer to produce images for commercial purposes and for financial gain it becomes a ‘Commission’ and the commission can be as restrictive or unrestrictive as the client requires such as time limited or budget limited. Restrictions must be in writing and form part of a written contract. Where no restrictions apply and no written contract exists the commission will be considered as unrestricted with no set time limit and no overall budget. LICENSING AGREEMENTS - Upon receipt of full payment from the Client the photographer as copyright owner recognizes the Client as having certain rights to reproduce the image/images for commercial purposes subject to certain conditions. The LICENCE in most cases is not a physical document unless the LICENCE is time limited; normally for a five year period whereupon It will expire or be renewed on receipt of a further payment. The photographer called the ‘LICENSOR’ on receipt of payment recognizes the Client, called the ‘LICENSEE’, as legally entitled to use the images for the express purpose of promoting the LICENSEE’S legitimate business. The LICENSEE does not have the right to share or sell the LICENCE or to transfer it or sell the images to any other business without agreement in writing from the LICENSOR. The LICENSEE may make certain changes to the image/images such as overwriting text, applying graphics or logos over the image. Any significant change to the appearance of the image/images is strictly forbidden and should only be carried out by the LICENSOR. EXCLUSIVITY - The LICENSEE shall only have EXCLUSIVE use of the image/images and the LICENSOR shall not offer the images for financial gain to any other party where an agreement exists in writing. The LICENSOR reserves the right to publish the images for the promotion of his business. REVIEWS AND REVISIONS - Upon receipt of full payment the LICENSEE will receive the image/images for REVIEW once post shoot processing has been carried out and at this point may request REVISIONS which are any changes to the images they consider necessary. The LICENSOR shall carry out the required changes and send a revised set of images back to the LICENSEE for another REVIEW and this process is repeated until the LICENSEE is happy that no further REVISIONS are required. There is no charge for REVISIONS and no limit on the number of REVISIONS that can be requested. Any treatment of the image/images by the LICENSEE deemed to be derogatory by the LICENSOR could result in the LICENCE being withdrawn with no refund given. STUDIO HIRE - COPYRIGHT Where a client or his/her photographer hire the studio to take photographs STUDIO FIVE PHOTOGRAPHY shall have no rights regarding copyright of the image/images. MODEL RELEASE - Where models are hired by STUDIO FIVE PHOTOGRAPHY a signed MODEL RELEASE will be required to enable STUDIO FIVE PHOTOGRAPHY to offer the images commercially. The model shall have no right to offer the images for financial gain but may be granted permission to use the images for their own portfolio. CASTING CALLS - Where models are required for a specific photo shoot as part of a STUDIO HIRE photo shoot a CASTING CALL will be advertised detailing the specific requirements of the model/models during the photo shoot. Deviation from the casting call may result in immediate termination of the photo shoot and STUDIO FIVE PHOTOGRAPHY reserves the right to terminate a photo shoot where the casting call is not being adhered to or the model/models are treated in a disrespectful or derogatory manner. MODELS UNDER 18 - Models under the age of 18 must be accompanied by a parent, guardian or chaperone. CANCELLATION - STUDIO HIRE Where the client gives 14 days or more notice of cancellation in writing no hire fee shall be charged. Between 13 days and 7 days before the date hired the client shall be responsible for 50% of the hire charge. Cancellation within seven days of the date hired shall incur a charge of 100% of the hire charge regardless of whether a booking deposit has been received or not unless an alternative date is agreed in writing. Any alternative date shall be subject to the same cancellation conditions as if it were the original cancelled date. CANCELLATION - COMMISSIONS Where a client cancels a commission once work has started on the commission the client shall be responsible for all costs incurred by STUDIO FIVE PHOTOGRAPHY up to and including the date of cancellation. Such charges shall include any or all of the following :- Studio time to be charged at £85 per hour, Hire of MODELS at £30 per hour or such cancellation charges as levied by the model, Hire of MAKEUP ARTISTS at £45 per hour or such cancellation charges as levied by the makeup artist, TRAVEL Travel to and from locations shall be charged at £2.30 per mile, Any other reasonable costs incurred. Where cancellation by the client occurs on completion of the commission the client shall be liable for the full cost of the commission. PASSPORT PHOTOS - Passport photos are guaranteed to meet Civil Aviation Authority requirements or, in the case of foreign passports, to meet the passport photo requirements of the country to which application is being made.