Terms and Conditions of Commissioning Images
These terms and conditions shall apply to all photography work, licensing and associated services undertaken by JWeb Consulting Ltd trading as Sports-alive Photography (“Sports-alive”) who administer the licensing of the works of Gareth Jones (“the Photographer”). Any quotation given by Sports-alive is subject to these terms and conditions and acceptance of any quotation shall be deemed an acceptance of these terms.
1. Terms and Definitions
- The following terms and definitions shall apply to these terms unless the context otherwise requires:
- “Picture” means any photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving and/or any other item which may be offered for the purposes of reproduction;
- “Reproduction” means any form of publication or copying of the whole or part of any picture 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 and/or mechanical reproduction or storage by any other means;
- “Client” means the person or organisation to whom the Sports-alive’s invoice is addressed (whether or not the Client is acting for a third party);
- These terms and conditions together with any written quotation issued by Sports-alive represent the entirety of the agreement between Sports-alive and the Client. Any variation is only applicable when agreed in advance and in writing.
2. Copyright and Ownership of Materials
- The entire copyright in the Pictures is retained by the Photographer at all times throughout the world and is administered by Sports-alive.
- Title to all Pictures remains the property of the Photographer.
- Pictures will be licensed for use for a specified period. When the license to use has expired, the Pictures should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the license to use. The Photographer reserves the right to make an additional charge for continued use after this period.
- The Photographer, as administered by Sports-alive, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any Pictures shall pass to the Client whether on its submission or on Sports-alive’s grant of reproduction rights in respect thereof.
- The Photographer asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
- Unless otherwise agreed in writing if any Picture reproduced by the Client omits the copyright notice or credit line specified by Sports-alive any fee payable by the Client shall be subject to an increase specified by Sports-alive, and in any event an increase of not less than 25%.
- Sports-alive retains the right in all cases to use all Pictures taken or created by the Photographer in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting the work of Sports-Alive and/or the Photographer. If you do not wish for your images to be used for any such purposes Sports-alive must be notified in writing at the time of confirmation of engagement.
3. Use and Reproduction
- The license to use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received by Sports-alive.
- Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice.
- Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Sports-alive’s invoice. An agreement must be reached with Sports-alive before the Pictures are used for a different purpose or after the licence to use has expired.
- Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
- If reproduction rights granted are specified as personal to the Client they may not be assigned, nor may any picture 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.
- Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied.
- Sports-alive reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client.
- In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Sports-alive free of charge within two weeks. In other media, evidence of use must be made available if requested.
- 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, Sports-alive may at any time thereafter inspect any records, accounts and books relating to the reproduction of its Pictures to ensure that the Pictures are being used only in accordance with the reproduction rights granted to the Client.
4. Definitions of Reproduction Rights
The following terms are used when describing the reproduction rights granted by Sports-alive and the Photographer to the Client:
- Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site.
- PR and Press distribution: The right to use the pictures as described in 4(a); plus a license for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.
- Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice.
- Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
- Personal and Non-Commercial Use: The right to use the pictures without commercial gain, in perpetuity. These may be published on social media and other similar platforms.
5. Booking and Cancellation
- The Client will be required to complete a booking form or email confirmation of acceptance of the quotation, on receipt of the booking form or email, Sports-alive will send an email as confirmation. The booking will then be considered confirmed.
- Once the Client has made a booking for a specific time and date and this date/time has been confirmed, Sports-alive will not accept any other work from other clients for those times and dates.
- As a result, once a booking is confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule: (i) When a client cancels a confirmed booking within 10 business days of any confirmed date, an administration fee of £20.00 (Excl. VAT) will be charged; (ii) When a client cancels photography within less than 10 days business of any confirmed date, a fee of 20% of the booked time rate will be charged. (iii) In addition to this cancellation fee, the client will be charged for any expenses already incurred by Sports-alive.
6. Payment Terms
- Our payment terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.
- Payment by BACS is preferred and bank details will be provided on Sports-alive’s invoice. Payment is also accepted by cheque made payable to “Sports-alive Photography”. Please note, when making payment by cheque, proof of postage of remittances is not considered proof of receipt, and the Client is advised to send payment by any method affording proof of delivery.
- If payment is not made in accordance with (a) above then Sports-alive may rescind any agreement and/or recover damages and may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
- Sports-alive shall be granted creative and artistic license in relation to the choice of shots and deliver what it considers to be the best of every situation covered.
- Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
- Sports-alive judgment on photographic style and the number of photographs taken shall be deemed correct.
8. Liability and Indemnity
- While Sports-alive takes all reasonable care in the performance of its services, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption.
- The Client agrees to indemnify Sports-alive in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Sports-alive.
- The Client must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Sports-alive 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, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify Sports-alive against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
- Sports-alive shall not be liable to the Client for any loss of profits, indirect or consequential lose arising as a result of breach of these terms or from the provision of Sports-alive’s services. Any liability that Sports-alive may have to the Client shall be limited to the value of the quotation issued. This clauses does not limit any liability for death or personal injury caused by Sports-alive’s negligence or for fraud or fraudulent misrepresentation.
9. Applicable Law
- This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive jurisdiction of the Courts of England;
- No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
- Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.
10. Client Confidentiality
The Photographer and Sports-alive will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer or Sports-alive Photography to carry out their obligations in relation to the commission.