Manor Photography Terms and Conditions
Note: The Terms and Conditions set out below are based on industry standard guidelines. They are intended to protect all parties.
Author means the originator of the photograph or text or other material supplied by or on behalf of Manor Photography. Where the term Photographer appears within these terms and conditions, this is specific to photographs but for the purposes of these definitions is otherwise deemed the same as Author.
Client is the person or organisation to whom the invoice is addressed.
Photograph and Work includes any material submitted for consideration or otherwise supplied to the Client, including but not limited to any photograph, transparency, negative, digital scan, design, artwork, painting, montage, drawing, engraving, text or any other item which may be offered for the purpose of Reproduction.
Reproduction includes any form of publication or copying of the whole or part of any picture or text, whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, editing, layout or presentation, electronic or mechanical reproduction or storage by any other means. Licence to Use stipulates the licensed uses that the Photograph or Work may be used for and does not imply any transfer of ownership of the physical material (Photograph or Work) or copyright.
All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Author are the only ones applicable, as set out herein. Other Terms and Conditions proffered are specifically excluded unless agreed beforehand by the Author, in writing. Unless the Author is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so. Unless otherwise notified (in which case hard copy must be supplied), a Client's e-mail instructions will constitute a contract in law.
2. COPYRIGHT AND OWNERSHIP The entire copyright in the Photographs or Work is retained by Manor Photography at all times throughout the world. Photographs are supplied on loan and no title or copyright in Photographs or Work shall pass to the Client.
3. 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 or Work without express permission before payment of the relevant invoice(s) is received in full. 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 placed into receivership or liquidation. Where use is restricted in the Licence to Use, permission to use the Works for any other purpose will normally be granted upon payment of a further fee, to be mutually agreed before use is made for that further purpose. Where uses of Works are made which breach the Licence to Use, either by reason of non-payment of invoice(s) or not holding the relevant permission for Reproduction of the Works, further charges will be made. In so doing the Author will refer to the Copyright, Designs and Patents Act 1988 and its subsequent modifications, and relevant fees such as those proposed by the National Union of Journalists for misuse of material, and invoice accordingly.
4. EXCLUSIVITY Unless agreed to in writing, no exclusivity for use of the Works is given or implied. The Author retains the right to use or sell the Works. Where exclusivity is required this will be considered and not unreasonably withheld, but will only be given on written agreement in consideration of additional payment.
5. CLIENT CONFIDENTIALITY The Author will keep confidential and will not disclose to any third parties or make use of information communicated to him in confidence, save as may be reasonably necessary to enable him to carry out his obligations in fulfilling the contract.
6. INDEMNITY The Client must be satisfied 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. It is acknowledged that the Author 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 Photograph or referred to in text and shall only be responsible for obtaining such clearances if this has been expressly agreed in writing at the outset of the contract. In all other cases the Client shall indemnify the Author against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. With respect to digital supply of photographs, although every care is taken during scanning to ensure that no artefacts or undue noise appears in the image and that top quality scans of good colour are supplied, it is the Client's responsibility to check that the supplied file is suitable for the intended use.
7. PAYMENT Payment by the Client will be strictly by the due date of the relevant invoice, normally 30 days from the date of issue. Manor Photography will exercise the statutory right to interest and compensation entitlement under the Late Payment of Commercial Debts (Interest) Act 1998 if payment is not made according to agreed credit terms. Further charges may be made for any additional statement, letter (whether as an e-mail, fax or other communication) issued for the recovery of the outstanding debt and all other costs for the recovery of debts including bank charges. 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.
8. EXPENSES Where extra expense or time is incurred by the Author as a result of alterations by the Client to the original brief, the Client shall be liable to pay such extra expenses or fees at Manor Photography's normal rate in addition to any other expenses agreed or estimated.
9. REJECTION Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
10. CANCELLATION AND POSTPONEMENT A booking is considered firm as from the date of confirmation and accordingly the Author will, at his discretion, charge a fee for cancellation or postponement.
11. RIGHT TO A CREDIT AND MORAL RIGHTS The Licence to Use requires that the Author's credit ("Manor Photography", unless otherwise stated) will be printed on or in reasonable proximity to all published Reproductions of the Work. The Author asserts his 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. Manipulation of the Photograph or other image or use of only a portion of the Photograph or other image may only take place with the permission of the Photographer and, if permission is granted, copyright in subsequent versions of the Photograph or parts thereof will be retained exclusively by the Photographer in every instance.
12. SUPPLY TO THIRD PARTIES The Licence to Use only applies to the Client as stated and not to any third party. Specifically, the Client is not authorised to sell or give or pass the Works or any portion thereof to any third party, nor to syndicate the Works or any portion thereof.
13. ELECTRONIC STORAGE Save for the purposes of production for the licensed use(s), Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Digital data may only be 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.
14. APPLICABLE LAW This agreement shall be governed by the laws of England and Wales.
15. VARIATIONS These Terms and Conditions shall not be varied except by agreement in writing by both parties.