License to Use - Terms and Conditions
- Definitions
For the purpose of this agreement the photographer’s name represents the company “Eventful image”. “Image” means all material furnished by the photographer, whether prints or any other type of physical or electronic material.
- Copyright
The entire copyright in the Images is retained by the Photographer at all times throughout the world.
- Use
The License to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Images 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 License only applies to the Client and Product as stated on the front of this form and its benefit shall not be assigned to any third party without the Photographer’s permission. Accordingly even where any form of ‘all media’ License is granted, the Photographer’s permission must be obtained before any use of Images for other purposes e.g. use in relation to another product or sublicensing through a photo library. Permission to use the Images for purposes outside the terms of the license 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 Licenses in respect of the Images will be subject to these terms and conditions.
- Exclusivity / Non Exclusivity
The Client will be authorised to publish the Images to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Images in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the License to Use the Photographer shall be entitled to use the Images for any purposes. Where a license is purchased as non exclusive then other bodies may also license the same image.
- Client Confidentiality
The Photographer will keep confidential and will not disclose to any third parties or make use of any material or 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 obligation in relation to the commission.
- 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 clearance for which he/she was responsible in respect of third party 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.
- Payment
Payment by the Client will be expected for the commissioned work within 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 Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
- Expenses
Where extra expenses or time are incurred by the Photographer as a result of alteration 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 the Photographer’s normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed and estimated.
- Rejection
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
- Cancellation & Postponement (where payment is due)
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion; charge a fee for cancellation or postponement.
- Right to Credit
If the box on the estimate and the license marked “Right to a Credit” has been ticked the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Image/s. By ticking the box overleaf the Photographer also asserts his/her statutory right to be identified in the circumstances set out in section 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
- Electronic Storage
Save for the purposes of reproduction for the licensed Use(s), the Images may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
- Applicable Law
This agreement shall be governed by the laws of Scotland.
- Variation
These terms shall not be varied except by agreement in writing.
