THIS AGREEMENT is made as of XXX (the “Effective Date”) between XXX ("Client") and Lizzy Rose Clough (“Photographer”) for the below:
Photography Shoot Date:
Retouching amends (if applicable): 2x rounds of small amends within 7 days of the photography delivery.
For any further amends, an hourly rate will be provided as well as a later date for completion.
(the above will be completed for each project)
1.1 Photographer refers to trading name of Lizzy Rose Clough Ltd.
1.2 Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party) or any customer purchasing prints or digital images.
1.3 Photographs means all photographic material supplied by Lizzy Rose Clough Ltd, this includes transparencies, negatives, prints, digital files, digital scan, digital image, design, artwork, montage or any other items which may be supplied.
2.1 The entire copyright of the Photograph/s including ownership of all materials is retained by the Photographer at all times throughout the world.
3) License to Use:
3.1 The License to Use grants specific rights to the Client who is commissioning the Photographer for the photographs.
3.2 The usage license comes into effect from the date of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the express permission of the Photographer.
3.3 Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation.
3.4 Permission to use the Photographs for purposes outside of the licence to use provided, will normally be granted upon payment of a further usage fee, which must be mutually agreed before such further use.
3.5 The Photographer will expect any further licenses needed from any one else the Client has used for the project (e.g packshot photographer, food/prop stylist) has been discussed with them.
4) Client Confidentiality:
4.1 The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to her in confidence for the purposes of the photography.
5.1 The Client will be authorised to publish the Photograph/s to the exclusion of all other persons.
5.2 However, the Photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting her work.
5.3 Please notify the Photographer on any photographs that should not be shared before a particular date.
6.1 Whilst the Photographer takes all reasonable care in the performance of this agreement, she shall not be liable for any loss or damage suffered by the Client or by any third party arising from the photography.
6.2 The Photographer shall only be responsible for obtaining clearance in respect of third party copyright works, trademarks, designs or other intellectual property if this has been expressly agreed in writing before the shoot.
6.3 In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
7.1 Terms of payment are 30 days from the date of the invoice unless agreed otherwise.
7.2 No use may be made of the photographs before the invoice has been paid unless agreed otherwise.
7.3 If the payment is not paid within 30 days, the Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
8.1 If the Clients project requirements change from the original specifications made, or the quote has been sent before the brief, the Photographer reserves the right to change the original quotation provided.
8.2 The Client is responsible for informing the photographer on all requirements for the photograph/s before the shoot day which will be included in the quote. For example any technical specifications for imagery, usage licenses, image dimensions/sizes, file format requirements.
7) Booking Confirmation / Cancellation:
7.1 To secure the shoot date, the Client must accept the terms and conditions.
7.2 The Photographer reserves the right to charge the below percentages of the quoted shoot estimate if a cancellation is made within the below timeline. Any expenses incurred will also need to be paid for.
- 4 days notice: 25%
- 48 hours: 50%
- 24 hours: 75%
- On day: 100%
7.3 If a product cannot arrive in time for the shoot, the shoot day will either have to be rescheduled or those particular images can be booked in for an additional shoot with a further quote.
8.1 The Photographers interpretation of the brief should be deemed acceptable to the Client.
8.2 There is no right to reject the Photograph/s on the basis of style or composition or any other reason not made clear from the onset unless otherwise agreed in writing.
9.1 The Photographer will not be liable to the Client for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims that arise out of connection with the shoot.
10) Number of images required:
10.1 The Client accepts a certain number of photographs can be done within a shoot day/s (9 hours) with time provided for setting up and taking down the photography and lighting kit.
10.2 If the brief cannot be completed within the shoot day/s, a further shoot will have to be booked in.
11) Travel expenses:
11.1 Travel to and from the location/studio will be included in the final invoice with an estimate provided in the quote.
11.2 This will include either a XL cab fare or the Photographers parking/petrol/congestion charges.
12) Prop & additional background expenses:
12.1 For any additional expenses such as ingredients, props and backdrops, these will be added onto the final invoice with an estimated cost approval from the Client before these are bought.
13.1 In the event the Photographer is unwell, the shoot will have to be rescheduled.
14.1 If a Prop or Food Stylist is not present on the shoot day, the Client accepts to help with the styling of the images to allow the Photographer enough time to focus on the photography and lighting.
14.2 If it is a home shoot, the Client accepts that the Photographer will work from the brief without a Stylist or the Client present.
15) Added images on the shoot day:
15.1 Any further retouching required from added images on the shoot day that are not on the original brief sent, will be added on to the final invoice unless agreed otherwise.
16.1 If more time is required to achieve a certain result in the editing than what was quoted, this will be discussed with the Client.
16.2 Delivery of retouched files may be subject to the availability of the Photographer unless previously arranged and sufficient notice given.
17) Retouching Amendments:
17.1 A maximum of 2x round of amends is allowed per project unless stated otherwise.
17.2 For any further amends, these will have to be booked in at a future date with a new quote provided.
18) Property and/or Model Release Forms:
18.1 The Client will be responsible in obtaining any model or property release forms to obtain the necessary permissions for usages unless agreed otherwise.
18.2 The Photographer will not be liable for any costs incurred from any model or property release forms that were not provided.
19) Storage of Imagery:
19.1 The Photographer will only be responsible for archiving finished projects for up to three months after completion.
19.2 The Client is responsible in ensuring they have the Photograph/s before this time period is up.
20) Applicable Law:
20.1 This agreement shall be governed by the laws of England & Wales and is subject to the exclusive jurisdiction of the English courts, to whom all parties submit.
These Terms and Conditions shall not be varied except by agreement in writing.