Terms & Conditions
Definitions.
All references in this agreement to the term ‘Client’ shall refer to the person(s) or company directly employing the photographer/filmmaker, or, where the client is not a direct client, i.e. a third party or agency, that third party or agency shall be interpreted as the ‘Client’. By hiring Felix Northover Photography & Video for photographs, videos, products, services, etc. you, the Client, agree to the following terms and conditions in perpetuity:
Agreement.
The agreement between the photographer/filmmaker and client governs the assignment described in the accompanying estimate and along with these terms and conditions constitutes the entire agreement between the parties concerning the assignment.
1) Rights of client to reproduce the images:
The client on payment of invoice is granted rights / licence for all photographs/videos as specified. Territory and period of use to be agreed in advance between the client and photographer/filmmaker. Photographs/videos produced for the Client may be used for all marketing and self-promotion through electronic and printed forms associated with the specified project / commission. Direct advertising usage (above the line) must be negotiated and agreed with the photographer/filmmaker Felix Northover Photography & Video on a separate basis. The Client will not make any alterations to the images/videos without written permission from the photographer/filmmaker Felix Northover Photography & Video.
Please note that the ownership and subsequent copyright of the photographs/videos remains with the photographer/filmmaker Felix Northover Photography & Video.
2) Limitation on third party use.
A license is granted only to the paid client and not to any third party. Any third party; including but not limited to those stipulated in the original licence, interested in usage of photos/videos may contact the photographer/filmmaker Felix Northover Photography & Video for subsequent licensing fees.
The client may not resell, copy, transfer, etc. any of the photographs/videos owned by Felix Northover Photography & Video to a third party unless specified in the original agreement.
3) Social media usage.
If published or used on social media, photography/video credit must be given to Felix Northover Photography & Video within the comments section.
4) License to use and third party use exclusions.
The licence to use images/videos only applies to the ‘Client’, as agreed at the time of commission.
The photographer/filmmaker MUST give permission or agreement before any benefit of the licence
or any use of images/videos can be assigned to ANY third party.
The licence to use the images/videos comes into effect from the date of payment of the relevant invoice.
Provisional license to use the images/videos is granted for a period of 30 days from date of delivery.
The license is immediately revoked if payment of the relevant invoice for the images/videos is not
made within 30 days or if the Client is put into receivership or liquidation.
Any unauthorised third party use of the photographs will be seen as a breach of UK copyright law and pursued accordingly.
Using an image/video without a valid license is considered copyright infringement in violation of the Copyright, Design and Patents Act of 1988.
5) The Commission:
By scheduling a shoot with Felix Northover Photography & Video the Client and any third party agree to property, model release and photography release without signature.
Client or representative of Client should be present at the shoot to give access to property if relevant and discuss shots needed and other considerations and requests. If the Client cannot be present, then a written brief to specify exact shots desired must be delivered no later than 24 hours prior to the shoot. Directions or briefs will not be accepted over the phone.
6) Rejection
The client has no right to reject the supplied images / commission on the basis of style, composition
or subsequent non-requirement of images/videos.
7) Cancellation / Postponement
An assignment booking is considered agreed and firm from the date of the confirmation, therefore the photographer/filmmaker Felix Northover Photography & Video will, at his discretion charge a fee for cancellation or postponement. In view of Cancellation; the Client will pay for ALL expenses incurred up to the time of the cancellation of the commission. In addition, the Client will be charged at 50% of the agreed rate if the commission is cancelled less than two days prior to the commission, and 100% of the fee if less than 24 hours.
Postponement. Unless agreed in writing, the Client will be charged 100% of the agreed rate for the commission if postponement occurs after the Photographer/filmmaker has departed for the location (This excludes bad weather) and 50% of the rate agreed for the commission if postponement occurs less than 24 hours before departure.
8) Exclusivity
Should the Client wish to use the Photographs/videos to the exclusion of all other parties for a set period then a separate fee shall be negotiated in writing. However, the Photographer/filmmaker retains the right in all cases to use the Photographs/videos in any manner at any time regardless of any exclusive period agreed and in any part of the world for the purposes of promoting his work. Upon expiry of the exclusivity period the Photographer/filmmaker shall be entitled to use the photographs/videos for any purposes.
9) Releases and clearance.
The Client shall be responsible for obtaining ANY and ALL required clearances, and will indemnify the photographer/filmmaker against all expenses, damages, claims and legal actions and/or legal costs arising out of any failure to obtain such clearances. Furthermore, the Client is responsible for obtaining all necessary permissions and releases for usages that require any property or model releases, unless agreed and delivered by the photographer/filmmaker.
10) Copyright / retention of image rights:
All images/digital files remain the copyrighted property of the photographer/filmmaker Felix Northover Photography & Video. The photographer/filmmaker Felix Northover Photography & Video owns all images/digital files and their copyrights unless otherwise stated in writing.
The photographer/filmmaker Felix Northover Photography & Video holds the right to publish & use photos taken for advertising & self-promotion. This includes the right to place the images within a stock library / agency for further sales / licence purposes.
This agency has the right to licence the images for possible worldwide non-exclusive use.
11) General terms:
Prices subject to change without notice.
Above listed terms and conditions represent the only contract between the photographer/filmmaker Felix Northover Photography & Video and the Client (unless specified otherwise.)
Terms and conditions subject to revision.
Client agrees to allow the photographer/filmmaker Felix Northover Photography & Video to display and post online photographs, project information, and Client information at the photographer’s/filmmaker’s discretion Felix Northover Photography & Video. Client names may be used for the photographer’s/filmmaker Felix Northover Photography & Video self-promotion unless asked otherwise.
The photographer/filmmaker Felix Northover Photography & Video is not responsible for the posting of images to third party websites. The photographer/filmmaker Felix Northover Photography & Video is not responsible for issues or complaints in the event of decreased quality on third party website.
The photographer/filmmaker Felix Northover Photography & Video is an independent contractor and not the Client's employee. Client is not an agent for the photographer/filmmaker Felix Northover Photography & Video and cannot make agreements on his behalf.
12) Retouching.
The normal agreed daily rate includes basic and reasonable (Explained to Client on request) post-processing of digital files prior to sending to the Client. If the Client requests additional post-processing work the Client will be charged at the rate quoted and agreed.
13) Extensions to original fee
Where extra time or expenses are incurred by the Photographer/filmmaker as a result of alterations to the original brief by the Client, or otherwise at their request or on their behalf by an authorised third party, the Client shall give approval and be liable to pay such extra expenses or fees at the photographers/filmmaker’s normal agreed daily rate to the Photographer/filmmaker in addition to the expenses and fees as having been agreed or quoted.
14) Author right to credit of images.
All published usages, either in print or electronic of images taken by the photographer/filmmaker Felix Northover Photography & Video shall be accompanied by a written credit to the photographer/filmmaker Felix Northover Photography & Video within reasonable proximity of the image(s)/video(s).
The photographer/filmmaker Felix Northover Photography & Video asserts his statutory 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.
15) Applicable law
This agreement shall be governed by the laws of England & Wales.
16) Variation
These Terms and Conditions shall not be varied except by agreement in writing.