Terms & Conditions
For the purpose of this agreement ‘”the Client” 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 (i.e. with no intermediary), all references in this agreement to "the Client"
shall be interpreted as references to the Photographer's client. "Photographs"; means all
photographic material furnished by the Photographer, whether transparencies, negatives, prints
or any other type of physical or electronic material.
The entire copyright in the Photographs is retained by the Photographer at all times throughout
the world unless otherwise mutually agreed.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. When the Licence to Use the
material has expired the Photographs must be returned to the Photographer in good condition
within 30 days.
The Licence to Use comes into effect from the date of payment of all sums due by the Client to the
Photographer for use of the Licence. No use may be made of the Photographs before payment in
full of all sums due without the Photographer's express permission. 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. The Licence only applies to the Client and
product as stated on the front of the form and its benefit shall not be assigned to any third party
without the Photographer's permission. Accordingly, even where any form of 'all media'; Licence
is granted, the photographer's permission must be obtained before any use of the Photographs
for other purposes eg; use in relation to another product or sublicensing through a photolibrary.
Permission to use the Photographs for purposes not agreed must be sought and will normally be
granted upon payment of a further fee, which must be mutually agreed (and paid in full) before
such further use. Unless otherwise agreed in writing, all further Licences in respect of the
Photographs will be subject to these terms and conditions.
The Client will be authorised to publish the Photographs to the exclusion of all other persons
including the Photographer. 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 his/her work. After the exclusivity period indicated in the
Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
The photographer will keep confidential and will not disclose to any third parties or make use of
material or information communicated to him/her in confidence for the purposes of the
photography, save as may be reasonably necessary to enable the Photographer to carry out
his/her obligations in relation to the commission.
The Photographer agrees to indemnify the Client against all expenses, damages, claims and legal
costs arising out of any failure by the Photographer to obtain any clearances for which he/she
was responsible in respect of third party copyright works, trade marks, designs or other
intellectual property. The Photographer shall only be responsible for obtaining such clearances if
this has been expressly agreed before the shoot. 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.
Payment by the Client shall be within 30 days of the date of the Photographer’s invoice and in
default of payment interest shall be charged on all sums due from the 31st day of the date of the
Photographer’s invoice at the rate of 10% per week until payment is received in full.
Where extra expenses or time are incurred by the Photographer as a result of alterations to the
original brief by the Client, or otherwise at their request, the Client shall give approval to and be
liable to pay such extra expenses or fees at the Photographer's normal rate to the Photographer
in addition to the expenses shown overleaf as having been agreed or estimated.
The Client may not reject a photograph on the basis of style or composition unless he pays a fee
acceptable to the Photographer.
11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer
will, at his/her discretion, charge a fee for cancellation or postponement.
12. RIGHT TO A CREDIT
If the box on the estimate and the licence marked "Right to a Credit" has been ticked the
Photographer's name will be printed on or in reasonable proximity to all published
reproductions of the Photograph(s).
13. ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored
in any form of electronic medium without the written permission of the Photographer.
Manipulation of the image or use of only a portion of the image may only take place with the
permission of the Photographer.
14. APPLICABLE LAW
This agreement shall be governed and construed in accordance with the laws of Ireland. Both
parties submit to the nonexclusive jurisdiction of the courts of Ireland.
These Terms and Conditions shall not be varied except by agreement in writing.