PETER MEDLICOTT PHOTOGRAPHY / SOLA
TERMS AND CONDITIONS
This agreement between the photographer / artist Sola / Peter Medlicott (hereafter ‘Photographer’) and the Client governs the assignment described in the accompanying cost estimate, and along with these Terms & Conditions constitutes the entire agreement between the parties concerning that assignment.
The fees quoted by the Photographer are for the original job description as presented by the Client or their agent. Any subsequent changes, whether made orally or in writing may result in additional charges. The accompanying quote is a good faith estimate of the time and expenses the photographer anticipates. The Client understands and agrees that the Photographer will bill for actual time and expenses incurred, which may be greater than that which was quoted.
‘Publicity” or “PR” use is when the Client submits photographs to an outside publication (whether print or electronic) for editorial use and the Client (or their Client) is not paying for that use.
“Advertising” use is when the Client (or their Client) is paying for placement of a photograph in whatever media it appears such as in a newspaper, magazine, billboard or web site.
“Collateral” use is when the photographs appear in a publication that the Client produces.
“Personal display” use is when a photographic print is hung in a home or office and will not be seen by the general public.
“Commercial display” use is when a photograph is displayed in a public place.
Advanced payment is required to initiate the production.
Client shall make final payment prior to supply of final images.
Late payments will be billed a £25 per month handling fee and with 2% per month interest of outstanding balance.
All of the photographs created by the Photographer (both moving and still) and their copyright are the sole and exclusive property of the Photographer. Grant of any reproduction rights is conditional upon receipt of payment in full.
Modification of Photograph(s) in any layout or concept shall not constitute a Joint Work.
All rights not expressly granted shall be reserved by the Photographer. If Client wishes to make any additional uses of the photographs not covered in the initial agreement, Client shall obtain permission from the Photographer and pay an additional fee to be agreed upon.
CANCELLATION / POSTPONEMENT
In the event of a postponement of a shoot by the Client, Client shall pay all expenses incurred by the photographer up to the time of cancellation plus a fee of 20% of total shoot quote.
If a shoot is cancelled within 14 working days of initiating the shoot, Client shall also pay 30% of the anticipated photographic fee and 100% of the anticipated fees of any service providers and subcontractors booked for the job.
If a shoot is cancelled within seven working days of initiating the shoot, Client shall also pay 50% of the anticipated photographic fee and 100% of the anticipated fees of any service providers and subcontractors booked for the job.
If a shoot is cancelled within 48 hours of initiating the shoot, Client shall also pay 75% of the anticipated photographic fee and 100% of the anticipated fees of any service providers and subcontractors booked for the job.
The Client is responsible for the presence of an authorised representative at the shoot to approve the Photographer’s interpretation of the brief. If a Client representative is not present, the Photographer’s interpretation shall be deemed acceptable.
A credit in the name of the Photographer (Sola, lightbombing.com) shall accompany Photographer’s photograph whenever practical.
Client hereby indemnifies and holds the Photographer harmless against any and all liabilities, claims and expenses including reasonable lawyers fees arising from the Client’s use of the photographer’s work. The Photographer similarly indemnifies and holds Client harmless against any and all liabilities, claims and expenses including reasonable lawyers fees arising from Photographer’s negligence.
Client will provide Photographer with two entire copies of (or PDF copy of) any publications his photographs appear in (accept in the case of Publicity Use) upon publication.
Estimates are valid for 30 days unless signed and returned by both parties.