Terms & Conditions

Colin Cruickshank t/a Colin Cruickshank Photography

 

1. DEFINITIONS.

For the purposes of this agreement, “The Photographer” is Colin Cruickshank trading as Colin Cruickshank Photography and “the “Client Images” means any images furnished by The Photographer, whether photographs, prints or other type of physical or electronic material”.

 
2. COPYRIGHT.

(a)The  Author retains the entire copyright in the Photographs and Works at all  times, throughout the World and (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.

 
3. OWNERSHIP OF MATERIALS.

(a)Title  to all Photographs remains the property of the Photographer. (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) Title to any materials used in producing the Works  is not transferred to the Client upon payment of the invoice.

4. USE.

(a)The  License to Use comes into effect from the date of payment of the  relevant invoice(s). (b) No use may be made of the Photographs before  payment in full of the relevant invoice(s) without the Photographer’s  express permission in writing. (c) Any permission that may be given for  prior use will automatically be revoked if full payment is not made by  the due date or if the Agency is put into receivership or liquidation.  (d) Where restricted in the Agreement, permission to use the Photographs  for other purposes will normally 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 be used for other purposes. Where uses of an image are  made which breach the licence to use further charges will be made. (e)  Any reproduction rights granted are by way of licence only and no  partial or other assignment of copyright shall be implied. (f) On 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 being made  against it, or if a Receiver or an administration is appointed, any  licence granted shall immediately cease.

 
5. EXCLUSIVITY.

(a)Unless  agreed to in writing on the License to Use and the Invoice no  exclusivity is given or implied to The Agency and/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.

6. 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 purposes of the photography, save as may be reasonably  necessary to enable the Photographer to carry out his/her obligations in  relation to the commission.

 
7. INDEMNITY.

(a)It  is the Client who must satisfy himself/herself/It’s self that all  necessary rights, model releases, clearances or consents which may be  required for reproduction of people, places or items depicted within any  Works are obtained. (b) It is acknowledged that the Photographer gives  no warranty or undertaking that any such rights, releases or consents  are or will be obtained whether in relation to the use of names, people,  trade marks, registered or copyright designs or Works of art depicted  in any picture. (c) The Photographer shall only be responsible for  obtaining such clearances if this has been expressly agreed 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, Robert Mills their employees or agents  or otherwise, and it is the Client’s responsibility to insure against  such loss or damage.

 
8. PAYMENT.

(a)Payment  due date will be clearly noted on the relevant invoice for the  commissioned work. (b) Thereafter, further charges may be made for any  additional statement, letter (whether as an email, fax, etc) issued for  the recovery of the outstanding debt of not less than £15.50 plus GST  each and all other costs for the recovery of debts including bank  charges. (c) A further charge of 5% over the Barclays Bank rate from  time to time is added to the invoice on the first day following that  when settlement should have been made. LATE PAYMENT OF COMMERCIAL DEBTS  (INTEREST) ACT 1998 will be enforced. (d) Where a Client is a company  and whether or not that company has gone into liquidation the individual  directors will be responsible for all outstanding fees and costs in  relation to the contract.

 
9. EXPENSES.

(a)Where  extra expenses or times are incurred by the Photographer as a result of  alterations to the original brief by the Client, or otherwise. The  Client shall give approval to and be liable to such extra expenses or  fees, in addition to the fees and expenses shown on the Estimate as  having been agreed or estimated.

10. REJECTION.

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

 

11. CANCELLATION & POSTPONEMENT.

(a)A  booking is considered firm as from the date of confirmation and  accordingly the Photographer will, at his/her discretion, charge a fee  of cancellation or postponement.

12. RIGHT TO A CREDIT.

(a)The  Licence to Use requires that the Photographer’s name ‘Colin Cruickshank’ 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.

14. ELECTRONIC STORAGE.

(a)Save  for the purposes of production for the licensed 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  permission 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.

 
15. APPLICABLE LAW.

(a)This agreement shall be governed by the Laws of England & Wales.

16. VARIATION.

(a)These Terms and Conditions shall not be varied except by agreement in writing.