These are industry standard terms and conditions courtesy of the Association of Photographers and the Association of Editorial Photographers UK.
Definitions In this Agreement the terms (a) image includes a digital image, digital scan, photograph, transparency, negative, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purpose of reproduction: (b) reproduction includes any form of publication or copying of the whole or part of any image and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanic reproduction or storage by any other means. (c) the Client is the person or organisation to whom the invoice is addressed (whether or not The Client is acting for a third party).
Copyright (a) The entire copyright in the images is retained by Bernhard Deckert, Director of Bernhard Deckert Ltd at all times throughout the world. (b) Bernhard Deckert Ltd supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given text. No property or copyright in any images shall pass to the Client whether on its submission, on Bernhard Deckert Ltd’s grant of reproduction rights in respect thereof. (c) Any reproduction rights granted are by the way of licence and no partial or other assignment of copyright shall be implied.
Use (a) The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the images payment in full of the relevant invoice(s) without express permission of Bernhard Deckert Ltd. Any permission which may be given for prior use will be automatically revoked if full payment is not made by the due date of if the Client is put into receivership or liquidation. (b) Reproduction rights granted are personal to the Client and may not be assigned, no may any image submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights. (c) Bernhard Deckert Ltd reserves the right to refuse to supply or a grant a reproduction licence to a third party when requested to do so by the Client. (d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice. (e) Permission to use the images for purposes outside the terms of Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use, (f) Unless otherwise agreed in writing, all further Licences in respect of the images will subject to these terms and conditions.
Client Confidentiality (a) Bernhard Deckert Ltd will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to ensure Bernhard Deckert Ltd to carry out their obligations in relation to the commission.
Indemnity (a) While Bernhard Deckert Ltd takes all reasonable care in the performance of this agreement generally, they shall not be liable for any loss or damage suffered by the Client or third party arising from the use or reproduction of any image or its caption. (b) The Client agrees to indemnify Bernhard Deckert Ltd in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by Bernhard Deckert Ltd. (c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Bernhard Deckert Ltd gives no warranty or undertaking that any such rights, model releases, or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify Bernhard Deckert Ltd against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained. (d) Public Liability Insurance is in place to cover Bernhard Deckert Ltd in the work space. This does not include clients or models nor any goods and products in the studio, on location or during transport.
Payment (a) Payment terms are strictly 30 days from the date of invoice by automated credit transfer (BACS). BACS details will be supplied with our invoice. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment of commercial debts act if we are not paid according to agreed credit terms. (b) If payment is not made in accordance with (a) above then Bernhard Deckert Ltd may rescind this Agreement and recover damages, or at their option, may exercise their statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998. (c) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that Bernhard Deckert Ltd may consider these invoices as overdue when pursuing legal action for the recovery of said debts. (d) 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 pursual of a debt. This fee is non-refundable and represents the additional time spent pursuing overdue invoices. (e) Bernhard Deckert Ltd reserves the right to suspend ongoing services such, as (but not limited to) the Downloadable Web Page or other distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects. (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 is appointed, Bernhard Deckert Ltd may at any time thereafter inspect any records, accounts and books relating to the reproduction of their images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.
Expenses (a) Where extra expenses or time are incurred by Bernhard Deckert Ltd as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at Bernhard Deckert Ltd’s normal rate in addition to the expenses shown on the Estimate form as having been agreed or estimated.
Rejection (a) Unless a rejection fee has been agreed in advance, there is no right to reject on basis of style, composition or editing.
Cancellation & Postponement (a) Once the Client has made a booking for a specific time and date, Bernhard Deckert Ltd will not accept any other work from other clients for those times and dates. (b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within one week of any confirmed date, a fee of 100% of the booked time will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Bernhard Deckert Ltd.
Right to a credit (a) If the box on the ‘Licence to Use’ marked ‘Right to Credit’ has been ticked Bernhard Deckert Ltd’s name will be printed on or in reasonable proximity to all published reproductions of the images. By ticking the ‘Right to a Credit’ box Bernhard Deckert Ltd asserts their statutory right to be identified as the author of the work in the circumstances set out in Sections 77 to 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. (b) Unless otherwise agreed in writing if any image reproduced by the Client omits copyright notice or credit line specified by Bernhard Deckert Ltd any fee payable by the Client shall be subject to an increase specified by Bernhard Deckert Ltd, and in any event an increase of not less than 25%.
Storage (a) Every effort will be made to archive the images indefinitely by Bernhard Deckert Ltd. However, Bernhard Deckert Ltd makes no warranty about the nature of its archive past the date of first delivery of final images. Clients should treat the delivered files carefully, and we recommend that you keep a safe copy for the duration of the licence.
Applicable Law (a) This Agreement shall be governed by the laws of England and Wales.
- Variation (a) These Terms and Conditions shall not be varied except by agreement in writing.
Data Protection Principles:
Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that: Processing is fair, lawful and transparent. Data is collected for specific and legitimate purposes. Data collected is adequate, relevant and limited to what is necessary. Data is kept accurate and up to date. Data, which is found to be inaccurate, will be rectified or deleted without delay. Data is not kept for longer than is necessary for its given purpose. Data is processed in a manner that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing, accidental loss, destruction or damage. We comply with the relevant GDPR procedures for international transferring of personal data.
Types of data held and how we collect it
We keep personal data in order to carry out effective and efficient business processes. We keep this data in secure paper and online files, relating to each client, within our computer systems; including our accounting systems for payment records. Specifically, we hold personal details such as client company name and address, email and telephone contact details and website address/social media handle.
How we use your personal data and what our legal basis is for this use
The law on data protection allows us to process your data for certain reasons only. In the main, we process your data in order to comply with a legal requirement; to fulfill the contract we have with you. This is relevant where you book photographic services with us and data will be processed to verify your company details, access contact information, process payments made and for us to provide ongoing customer support. We may also use your data to conduct our legitimate interests. In particular, in sending you future electronic marketing communications – in accordance with your authorisation. *If however, you do not wish us to use the data for these purposes, you can notify us at any time.
Who we share your data with
We may on occasion share your data with our third party service providers. For example, third party service providers help support our IT infrastructure, process payments from you on your behalf or provide professional services such as legal and accountancy support. These service providers will only be allowed to access and use your data in accordance with our instructions and will be required to keep your data secure.
Protecting your data
We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented appropriate organisational measures to guard against such. All employees within our company, who have responsibility for the completion of business processes, have been trained in ensuring data is processed in line with GDPR.
How long we keep your personal data
We keep your data for as long as we need it for the duration of your engagement with us in contracted work and for a maximum period of 3 to 6 years thereafter, according to legal and accounting requirements. Unless otherwise requested by you, we will retain contact detail data in order to periodically notify you of any changes to our services or terms of business or to notify you of marketing information.
Data Subject rights – accessing and correcting your personal data
You have the following rights in relation to the personal data we hold on you: The right to be informed about the data we hold on you and what we do with it. The right of access to the data we hold on you. The right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’. The right to have data deleted in certain circumstances. The right to restrict the processing of data. The right to transfer the data we hold on you to another party. This is also known as ‘portability’. The right to object to the inclusion of any information