Terms and Conditions
In order to provide the best possible service to you we have industry approved Terms and Conditions. These have been written to ensure that you know what we will supply to you and what your responsibilities are to us.
We believe that the T&C's are very clear but if you have any questions please feel free to ring or email us for more information.
TERMS AND CONDITIONS [England & Wales]
1. DEFINITIONS
For the purpose of this agreement "the Agency" and "the Advertiser" 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 agency or intermediary), all references in this agreement to both "the Agency" and "the Advertiser" 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.
2. COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
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 and nay digital copies made to be deleted.
4. USE
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) 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 Agency is put into receivership or liquidation. The Licence only applies to the advertiser 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 e.g. use in relation to another product or sub-licensing through a photo-library. Permission to use the Photographs for purposes outside the terms of the Licence 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.
5. EXCLUSIVITY
The Agency and Advertiser 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 (or after 12 months were no license has been suplied) the Photographer shall be entitled to use the Photographs for any purpose.
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.
7. INDEMNITY
The Photographer agrees to indemnify the Agency and the Advertiser 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 Agency 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.
8. PAYMENT
Payment by the Agency will be expected for the commissioned work within 14 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 14 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.
9. EXPENSES
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency 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.
10.REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
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). By ticking the box overleaf the Photographer also asserts his/her 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.
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 and may be subject to further charge.
14.APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
15.VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.
16.VALIDITY OF QUOTES
This quote will cease to be valid 30 days from the date of quote or on issue of an amended quote.
NOTE : For more information on the commissioning of photography refer to Beyond the Lens produced by the AOP.
The following are additional terms and conditions applicable to party photography.
It is mutually agreed that the following terms of agreement form an integral part of this contract and that no variation or modification of this contract shall be effective unless accepted by both Lantern Photography and the client, in writing.
1. BOOKING DEPOSIT: A non-refundable booking fee of 30% of the total fee is required at the time of booking. Dates are reserved only when this booking fee is paid. Please see the invoice for payment details.
2. BALANCE OF PAYMENT: The balance is to be made (and payment cleared) not later than 8 days prior to the event. Failure for the balance to clear counts as a cancellation of contract, see section 9. Payment for additional photographic material or services is to be made after the event at the time of ordering. Goods/services will not be provided until payment has cleared and due to the bespoke nature of the products there are no refunds unless due to poor quality of the physical product.
3. CREATIVE LICENCE: Lantern Photography shall endeavor to produce photographs as per the stated schedule of photography subject to the weather, the availability and willingness of subjects and time constraints. Lantern Photography will do their best to honor requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
4. PROOFS AND ALBUM CONTENT: Proofs will be delivered within two weeks from the date of the event and, if applicable, you may select 10 images that must be included the album. A digital copy of the album will be provided for you to approve before the album is printed. Minor changes may be made the the design or content, further changes will be charged for.
5. COPYRIGHT: All images remain Copyright of Bruce Boulton (bruce@lanternphotography.co.uk),. All rights reserved. The images, electronic or printed, provided may not be copied, modified, used, stored or sold without written consent unless stated in section 6.
6. USAGE: If a DVD of images has been purchased then the images provided on the DVD may be printed up to 7” x 5” for you own personal use. Lantern Photography will accept no responsibility for the quality of images printed from the DVD. Images from the DVD may not be copied nor posted onto any website/social network site without the written permission of Lantern Photography. You may however provide a link to your online gallery and while Lantern Photography will not disclose your login details (if applicable) you are free and encouraged to do so.
7. EXCLUSIVITY: Lantern Photography shall be the sole professional (still) photographers at your event. We do however positively encourage family, friends, and other guests to take photographs throughout the day.
8. FORCE MAJEURE: Owing to any cause beyond their control (death, injury, sickness etc), liability shall be limited to a full refund of all monies paid. Lantern Photography carries full Public Liability, and Professional Indemnity Insurance.
9. CANCELLATION: A full refund will be made within 14 days of the booking fee being paid subject to cancellation charges as detailed: (Number of days before the event)
60 days or less – 25% of total fee due
30 days or less – 50% of total fee due
15 days or less – 75% of total fee due
8 days or less – 100% of total fee due
Failure for payment to clear 8 days prior to the event counts as a cancellation and no guarantee can be made that your event will be photographed. If the event is photographed images/proofs/web gallery or any other image or service will not be made available to you until full payment has been received.
10. PRIVACY: Lantern Photography will store your name and event details on a private internal database. These details will not be made available to companies or individuals outside of Lantern Photography. Lantern Photography assumes the right to use the photographs taken at your event for promotional use unless an objection to do so is made in writing by the client at the time of requesting a quote.
All images are copyright and subject to licensing agreements, further details available on request.