©Copyright Terms & Conditions

ALL ASSIGNMENTS ARE SUBJECT TO THE FOLLOWING TERMS & CONDITIONS:

1.DEFINITIONS

The photographer hereafter refers to: Grace Markham Photography. For the purpose of this agreement ‘the Agency’ and ‘the Advertiser’ shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the Photographer’s client is a direct client (ie with no agency or intermediary), in the agreement, references to ‘the Agency’ and ‘the Advertiser’ shall be interpreted as reference to the photographer’s client

The photographer shall be considered the sole author of the image(s). Even in the case of the Photographer working to concepts or layout, the final image(s) shall be considered to be the Photographer’s interpretation.

(a)”picture’ or  ‘photograph’s’ means an image on any photographic material furnished by the Photographer, whether digital file, negatives, transparencies, design, artwork, painting, montage, drawing, engraving, print or any  other type of physical or electronic material 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 photograph and whether or not altered whether by printing, photography, digital alteration, projection (whether or not to an audience) reprography, artists reference, artist illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.

2.COPYRIGHT

Copyright is owned by Grace Markham Photography on all photographs.

The copyright in the Photographs is retained by the Photographer at all times throughout the world. Full usage of photographs is granted to the client  and to be solely used by the commissioning party or company. Images are not to be used/sold to any third party without Grace Markham’s permission. Full usage is granted for up to 3 years, online usage only, unless otherwise agreed in writing with the photographer.

The right of usage shall not pass onto the client until the Photographer receives full payment.

Usage outside of this agreement may be granted if agreed by the photographer. Written consent from the photographer would be needed in this instance.

3.RIGHTS LICENSED

Permission to use the photographs for purposes outside the terms of the licence may be granted upon payment of a further fee, which must be mutually agreed before such further use is made.

No rights license may be assigned or transferred in any manner without the Photographer’s prior written consent.

4.EXCLUSIVITY

As stated in the License, ‘the Agency’ and ‘the Advertiser’ will be authorised to publish the photographs to the exclusion of all other persons. Unless there is an agreement to the contrary, the Photographer retains the right in all cases to use the photographs in any manner at any time in any part of the world for the sole purpose of promoting his/her work. The photographer will archive photograph’s for 3 years or more however anything over 3 years cannot be guaranteed.

5.CLIENT APPROVAL

The commissioning party undertakes to provide Grace Markham Photography with a complete brief by way of a formal written brief or shot list to be provided prior to the photo-shoot.

Any change to the original brief will require a new estimate. If changes are verbally requested at the production of the work the commissioning party undertakes to be bound by such verbal authorisation and will be responsible for any additional fees and expenses incurred.

The client is responsible for having its authorised representative present during all ‘shooting’ phases of the assignment. If no representative is present, the Photographer’s interpretation shall be accepted. The client is bound by all approvals and job changes made by the client’s representatives.

6.INDEMNITY

The commissioning party will indemnify and defend Grace Markham Photography against all claims, liability and cost arising out of the commissioning parties use of any photographs supplied to the commissioning party by Grace Markham Photography.

7.OVERTIME

In the event any assignment extends beyond ten (10), consecutive hours in any one day, the photographer may charge overtime, for crew members and assistants at the rate of one and one half (1.5) times their hourly rate of fee.

8.ENTIRE AGREEMENT

This agreement is the entire agreement between the parties with respect to the subject matter and no alteration, modification or interpretation hereof shall be binding unless agreed to in writing and signed by both parties.