Terms and Conditions
My general Terms and Conditions are set out below - these are designed to protect both you and I. A Shooting Agreement, which defines in detail what is expected, may also be required. A Shooting Agreement contains what we each expect, special requirements, prices, delivery dates etc.
General Terms and Conditions
Definitions
- Sleepy Horse Photography will be abbreviated to as SHP for the purpose of this document, and refers to the photography business operated by Steve Hammond.
- The term image includes photographs, pictures, transparencies, negatives, digital image files and artwork.
- The term reproduction includes any form of publication or copying of the whole or part of any image by any means, whether altered or not.
- The Shooting Agreement defines the work to be undertaken and the permitted use(s) of the images supplied.
Terms and Conditions
- These terms and conditions will remain in force unless agreed in writing by both parties.
- In the event of conflict between these terms and conditions and any terms and conditions supplied by the Client, and in the absence of any contrary agreement in writing, these terms and conditions will take precedence.
- Terms and conditions detailed in the Shooting Agreement will take precedence over these general terms and conditions.
- The Shooting Agreement may only be changed by mutual agreement between the SHP and the Client.
- Changes to the Shooting Agreement will not be deemed agreed until both parties have accepted a written description of the changes.
- At the discretion of SHP and the Client, email may be deemed to fulfil the role of a written agreement.
- All images remain the copyright of the photographer and are provided to the Client on the basis described in the Shooting Agreement.
- Images may only be reproduced or distributed by the Client as detailed in the Shooting Agreement.
- Images provided by SHP are personal to the Client, and may not be assigned to any third party without the prior written consent of SHP.
- In the event of unauthorised reproduction, the Client shall pay an unauthorised use fee of £100 or, where defined, double the standard reproduction fee for the use concerned, whichever is the greater.
- The invoice lists all the images delivered to the Client.
- Unless the Client notifies SHP otherwise within 14 days of receipt, the images supplied are presumed to have been received in good condition and in accordance with the Shooting Agreement.
- The Client may not reproduce the images until the invoice value has been paid in full, or agreement to reproduce in advance of payment has been obtained from SHP in writing.
- If the invoice is not paid in full within 30 days of issue, SHP may charge interest on the overdue payment at 2.5% per month or part of a month.
- Whilst SHP will take reasonable care to correctly identify, caption and orientate the images, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.
- Unless specified in writing, SHP makes no claim or warranty as to the existence or validity of model or other releases in respect of the images.
- Should names or trade marks be depicted in an image, the Client must satisfy himself/herself that all necessary rights, releases or consents required for reproduction have been obtained.
- The client will fully indemnify SHP against any unauthorised reproduction of an image submitted to the Client.
- SHP will not be constrained from using images taken on behalf of the Client for the purposes of marketing SHP or for submission to photographic libraries, whether or not the Client accepts such images.
- As far as is reasonably possible SHP will maintain the anonymity of the Client and any person depicted in an image taken by SHP.
- As far as is reasonably possible, SHP will ensure that images taken by SHP are used ethically and legally.
Updated: 2nd December 2007