Definitions

The Photographer: The Communications partnership Ltd T/A John Owen Photography (JOP).

The Client: The organisation identified on the order and invoice and its named representative.

Material: Any picture, photograph or video, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving, video or any other item which may be offered for the purposes of reproduction.

Usage: The licence agreed for the use of any material produced for the client.

Reproduction: any form of publication or copying of the whole or part of any material 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 or mechanical reproduction or storage by any other means;

Order: any request, order, commission or instruction by or on behalf of the The Client, for creation of Material by the Photographer. 

Copyright and Ownership of Materials

a. The entire copyright, title, and intellectual property rights of any Material will remain that of JOP at all times throughout the world.

b. Title to all Material remains the property of the Photographer;

c. Images that are licensed for an agreed period.

When the License to use has expired, the material should be returned to the JOP 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. JOP reserves the right to make an additional charge for continued use after this period.

Right to a Credit

JOP asserts both his moral right to be identified as the author of his work and the right to a credit (where possible) is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.  Please credit ‘John Owen Photography’.

Use of Material

a. Materials are to be used as agreed at the time of booking and at the time of agreeing the fee. The licence to use is limited to the use and period of time specified on the order and no other use may be made of the Material without JOPs express permission. An agreement must be reached with JOP before Materials are used for any other purpose or after the licence to use has expired.  

Manipulation of the Images or use of only a portion of Image may only take place with the permission of the JOP.

Exclusivity

The usage rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties (save for the purpose of the work by the Client of such reproduction/usage rights/PR).

JOP reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.

JOP retains the right in all cases to use the Material covered by this agreement at any time and in any part of the world for the purposes of advertising or otherwise promoting his work unless otherwise agreed when placing work.

Delivery

In most cases delivery of materials will be digital, either by download link or on line hosting.

Where large files are concerned, a physical hard drive may need to be sent, this will be subject to any relevant cost of the drive and postage.

Client Confidentiality & Privacy:

JOP will keep confidential and will not disclose to any third parties or make use of material or information communicated to him, save as to be reasonably necessary to enable the JOP to carry out their obligations in relation to the work.

Collecting, storing & using your personal data

JOP will only collect, store and use your personal and business data to enable us to carry out our contract.

The data collected, stored and used will be limited to email addresses, business name, contact numbers (as supplied) and the registered address of your business.

The data collected and stored will only be used for the following specific purposes:
a. to facilitate communication between you and JOP in order to carry out the contract
b. used for quotations, invoices and Image Use License purposes and if necessary to communicate with you with regards to either of these purposes

c. What we will not do with your data
JOP will only use your data as specified in sections (a) and (b) above.

JOP will not:
use your data to communicate with you on any matters except those that enable us to carry out our contract
sell, distribute or lease your personal information to third parties unless we are compelled to do so by law

Your Rights


JOP recognises your rights, under the General Data Protection Regulations (GDPR) 2018 to:
Access any personal data we hold about you
Correct any inaccurate data we may hold about you
Have erased any personal data we may hold about you
Object about any personal data we may hold about you

If you would like to exercise any of the above rights or request a copy of the information held on you please write to:
John Owen

John owen Photography

The Studio

38 Ashburnham Rd

Northampton

NN1 4Qy

or email

john@johnowenphotography.co.uk

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at address above.

We will promptly correct – within 72 hours – any information found to be incorrect.

Please Note: There is an additional privacy policy relating to the use of our website

Booking and cancellation:

The Client will be required to complete an instruction or supply a written brief. This can take the form of hard copy or email. On receipt of a completed booking form, JOP will send an email as confirmation. This 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, JOP will not accept any other work from other clients for those times and dates.

When a booking is Confirmed, if it is subsequently cancelled, JOP reserves the right to charge a cancellation fee according to the following schedule: (i) When a client cancels a booking within less than 7 days business of any confirmed date, a fee of 20% of the booked time rate will be charged. (ii) When a client cancels photography within less than 24 hours of any confirmed date/time, a fee of 50% of the booked time rate will be charged. (iii)  When a client cancels photography on the day of the confirmed date, the full fee will be charged.  

When a booking is confirmed, if it is subsequently postponed, JOP will at their discretion charge a fee for postponement.

In addition, the client may be charged for any expenses incurred as a result of cancellation or postponement.

Cancellation by the Photographer

JOP will endeavour to put the Client in touch with another supplier in the event JOP is unable to attend on the booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of such cancellation by JOP, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid to the JOP by the Client at that time.

Rejection

Unless a rejection fee is agreed in advance, there is no right to reject the Images on the basis of style or composition or editing.

Charges and Timings

If JOP provides a quote to The Client, the fee will be charged at that agreed rate. JOP generally requests a brief at the time of booking (via email or verbally). 

Where extra expenses or time are incurred or needed by JOP as a result of alterations to the original brief by the Client or otherwise at their request, JOP will reserve the right to charge the Client extra expenses and fees.

If The Client changes the length of the job, the fee will increase as per the agreed hourly rate. If The Client is delayed or running late and the job runs into extra time again the fee will increase as per the agreed hourly rate.  JOP will make The Client aware of timings and should the work run into extra time he will make the client aware of this and the associated costs.  There is a mutual understanding between The Client and JOP that punctuality is important and respected by all parties.

If it becomes apparent when the job starts that it is much bigger or different job to the agreed brief it will be made clear to the Client that JOPs fee may increase. If the Photographer is unable to contact the client/payer of invoice at that time work will stop until contact has been made.

On the occasion that incorrect information is given by the Client regarding a booking (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location/time, the full fee will be charged to the Client.

If on arrival at a booked job there is an issue (outside of the Client or JOP’s control) such as bad lighting or restrictions are in use of where the shoot is taking place, a fee may be charged to cover time.

Quoted fees include mileage up to 80 miles round trip. Additional mileage will be charged at 45 pence per mile thereafter.

Any congestion charges, road toll charges and parking costs will be billed to the client as a JOP expense and will be added onto the invoice.

Payment Terms and Payment

Payment terms are strictly 30 days from the date of the relevant invoice (“the Due Date”) unless agreed in advance and in writing;

JOP reserves the right to charge interest at the rate prescribed by the Late Payment Of Commercial Debts (Interest) Act 1998 from the due date until the date payment is made.

If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if it is less than 28 days from the issue date, and that JOP may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

Payment by BACS is preferred and bank details will be provided on the invoice. We also accept payment by cheque (made payable to “John Owen Photography”).

Liability and Indemnity

While JOP takes all reasonable care in the performance of this agreement generally, 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;

It is the Client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that JOP gives no warranty or undertaking that any such rights, model releases or consents have been 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 Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify JOP against all expenses, damages, claims, or legal costs arising out of any such failure.

Archiving of material

All final material will be stored and archived by JOP for 1 year.  If archived Materials are required after that time or additional storage time is required, an admin. fee may be charged.  If JOP loses materials stored in archive or they are stolen, JOP is not liable beyond 1 year of storage.  Within 1 year, JOP is liable to the cost of the originals (a return of the original fee).

Materials relating to video footage. As video footage can be considerably larger, additional storage and archiving costs may be added to the Clients invoice

Applicable Law

This agreement shall be governed by the laws of England and Wales

Variation

No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.