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Terms and Conditions

1. DEFINITIONS “The Photographer” means Andy Barnham Photography, No1 Western Lane, London, SW12 8JS. “The Client” means any person, body of persons, firm or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer. “Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.

2. COPYRIGHT The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.

3. OWNERSHIP OF MATERIALS Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.

4. USE The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer's express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. The Licence only applies to the Client and product as stated on the quote and its benefit shall not be assigned to any third party without the Photographer's permission. Accordingly, even where any form of 'all media' Licence is granted, the Photographer's permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sublicensing through a photolibrary. 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 (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.

5. BRIEF A brief and shot list shall be given to the Photographer by the Client where possible. A colour and a black and white copy will constitute two images. Any images extra to the shot list, including but not limited to additional variations of a shot or extra shots, may require additional payment and associated fees including but not limited to fees for editing, transference of images and usage.

6. EXCLUSIVITY The Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work. After the exclusivity period indicated in the Licence to Use, should any such period exist, the Photographer shall be entitled to use the Photographs for any purposes. Should no period exist, the Photographer shall be entitled to use the Photographs for any purposes without delay.

7. CLIENT CONFIDENTIALITY The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission.

8. INDEMNITY The Photographer agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he was responsible in respect of thirdparty copyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

9. PAYMENT Payment by the Client for the commissioned work within shall be due 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days the Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until the date payment is made. A fee of £15.00 (excluding VAT) may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuit of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.

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 its request, the Client shall give approval to and be liable to pay such extra expenses or fees to the Photographer at the Photographer's normal rate in addition to the expenses previously agreed or estimated. This includes, but is not limited to, image file transfer.

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

12. CANCELLATION & POSTPONEMENT A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement.

13. RIGHT TO A CREDIT The Photographer's name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his statutory 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.

14. TRANSFER OF IMAGES The Photographer is not responsible for safe and secure handling nor storage of the Photographs after delivery.

15. ELECTRONIC STORAGE Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of an image or use of only a portion of the image may only take place with the permission of the Photographer.

16. APPLICABLE LAW This agreement shall be governed by the laws of England & Wales and the courts of England & Wales shall have the non- exclusive jurisdiction in respect of any dispute arising in connection with the subject matter of this agreement.

17. VARIATION These Terms and Conditions shall not be varied except by agreement in writing.


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