Terms
Standard Terms & Conditions
of Business
1. APPLICATION OF TERMS
1.1 These terms and conditions will:
1.1.1 apply to all Assignments undertaken by Pentonville Studios for the Client and to all Usage Licences or extended and/or additional Usage Licences relating to such Assignments; and
1.1.2 prevail over any inconsistent terms or conditions contained, or referred to, in Client’s purchase order, confirmation of order, acceptance of Estimate, or specification or other document supplied by Client, or implied by law, trade custom, practice or course of dealing.
2. DEFINITIONS
“Photographer” means Pentonville Studios Ltd, the commissioned Photographer whose details are on this website and are set out in the Estimate and invoice(s) for an Assignment.
“Videographer” means Pentonville Studios Ltd, the commissioned Videographer whose details are on this website and are set out in the Estimate and invoice(s) for an Assignment.
“Assignment” means a commission by the Client of the Photographer for provision of Photographer’s services at a shoot for the purpose ofcreating the Material.
“Advertiser” means any client of the Client for whose benefit or use the Material is commissioned.
“Client” is the party commissioning the Photographer and includes the Client’s affiliates, assignees, and successors in title.
“Estimate” means any email or other document electronic or otherwise created by the Photographer or Videographer and setting out the Fee and expenses for any Assignment along with information as to Usage Licences.
“Fee” means the Photographer’s or Videographer’s fees as set out in the Estimate.
“Licensed Images” means the still and/or moving images selected from the Material and as specified in the Estimate as to be licensed for use inaccordance with these Terms.
“Material” means all photographic material created by the Photographer pursuant to an Assignment and includes but is not limited to transparencies, negatives, prints, digital files or any other type of physical or electronic material recording either still or moving images.
“Shoot Duration” means the number of confirmed days of a shoot whether undertaken consecutively or in separate parts and includes all shoot, travel, recce, preparation or test days.
“Usage Licence” means the licence to use the Licensed Images as set out in clause 3.3 and clause 9 below.
“Working Day” means a day that is not a Saturday or Sunday or any day that is a Bank Holiday in England and Wales.
"B.U.R" means Base Usage Rate and is the figure by reference to which additional usage fees to the usage fees stated on the Photographer's original Estimate as accepted by the Client are established.
3. ESTIMATES
3.1 Estimates provided by the Photographer are based upon the information provided by the Client in advance of preparing the Estimate.
3.2 Changes to the requirements for an Assignment before or during a shoot may increase the Fee and expenses.
3.3 Estimates shall specify the number and characteristics of Licensed Images which the Client shall be entitled to use and the media and territories in and durations for which they may be used and these shall be the terms of the Usage Licence unless otherwise agreed in writing. The Client is responsible for checking the Estimate to ensure that it provides for all requirements including but not limited to post production, high resolution files, the correct usage licences and all technical specifications for the Licensed Images and moving image content.
3.4 Unless otherwise agreed in writing the Client’s agreement of shoot date(s) shall be deemed to be acceptance of the Estimate.
3.5 If no B.U.R. has been stated, it will be equivalent to the Photographer's day shoot fee.
4. CONDUCT OF THE SHOOT
4.1 The shoot will be arranged on date(s) mutually agreed between the Parties.
4.2 During the shoot the Photographer or Videographer will take account of the Client’s reasonable instructions in respect of the shoot brief.
4.3 If the Client is not present during the shoot then the Photographer’s interpretation of the brief shall be deemed acceptable to Client.
5. OVERTIME AND ANTISOCIAL HOURS
5.1 A normal day is up to 9 hours (including 1 hour for lunch) between 9am and 6pm on any Working Day.
5.2 Any hours worked outside a normal day (“Antisocial Hours”) will incur additional overtime fees for the Photographer, crew and facilities. These will be agreed between the Parties.
5.3 Additional fees for crew, facilities and any other third parties required to work Antisocial Hours shall be as set out in their standard terms or otherwise negotiated.
6. CANCELLATION OF SHOOT
6.1 If a confirmed shoot is cancelled or postponed for reasons outside the control of the Photographer (including unsuitable weather / light),the Photographer reserves the right to charge a cancellation fee at the following rates together with all incurred expenses:
On Shoot Duration of two days or less:
6.1.1 cancellation on less than 3 Working Days’ notice, 100% of Fee + all expenses; or
6.1.2 on 3 to 6 Working Days’ notice, 75% of Fee + all expenses; or
6.1.3 on more than 6 Working Days’ notice, 50% of Fee + all expenses.
On Shoot Duration in excess of 2 days and on notice equivalent to:
6.1.4 the Shoot Duration or less,100% of Fee + all expenses; or
6.1.5 more than the Shoot Duration but not more than twice the Shoot Duration, 75% of Fee + all expenses; or
6.1.6 more than twice the Shoot Duration, 25% of Fee + all expenses.
7. ACCEPTANCE & DELIVERY
7.1 Following completion of the shoot the Photographer or Videographer will deliver the Material to the Client as soon as reasonably practicable and in the agreed format to enable the Client to select the Licensed Images.
7.2 Subject to any previously agreed deadlines for post-production work the Photographer will carry out any such work required as soon as reasonably practicable but cannot guarantee urgent turnaround.
7.3 Unless expressly agreed in writing between the Parties the Client shall not be entitled to reject the Material on the basis of style orcomposition.
8. STORAGE OF MATERIAL
8.1 The Client shall ensure that it takes appropriate steps to keep safe an exact digital copy of all Material supplied for the duration of the Usage Licence. The Photographer or Videographer will not be responsible for archiving any Material unless by prior written agreement with the Client.
8.2 Save for the purposes of the Usage Licence including clause 8.1 above the Material may not be stored in any electronic medium or transmitted to any third party, including for the avoidance of doubt any associated or branch office of the Client, without the written permission of the Photographer or Videographer.
8.3 Upon publication of the Licensed Images or any of them and on the Photographer’s or Videographer’s request the Client shall supply to the Photographer or Videographer free of charge a high-resolution digital file, PDF format file or good quality hard copies of the Licensed Images and moving image content in the context in which they are published.
9. COPYRIGHT & USAGE LICENCES
9.1 The entire copyright and all similar rights throughout the world in all the Material and ownership of all physical materials created by or for the Photographer or Videographer shall vest in and be retained by the Photographer or Videographer at all times.
9.2 The Client is responsible for informing the Advertiser of the extent and limitations of all Usage Licences.
9.3 Upon payment in full of both the Fee and expenses for an Assignment the Photographer or Videographer grants to the Client the right to use the Licensed Images on the express terms of the Usage Licence. No use may be made before payment in full without the Photographer’s or Videographer’s express agreement in writing.
9.4 Provided that the Client has paid in full all invoices relating to the Assignment the period of use specified in the Usage Licence commences from the date of first use or 6 months after the shoot date, whichever is sooner (unless otherwise agreed in writing).
9.5 Usage of the Licensed Images is limited to use of such images as provided by the Photographer or Videographer and the Client shall not manipulate any Licensed Photograph or Moving image content or make use of only part of any individual image without the prior written permission of the Photographer or Videographer.
9.6 The Client may only sub-license the right to use the Licensed Images or Moving image content to the disclosed Advertiser as agreed and strictly on the terms of the Usage Licence.
9.7 Neither the Client nor the Advertiser may use the Licensed Images in relation to any additional products or services not specified in the Usage Licence.
9.8 Any licence to use the Licensed Images shall automatically be revoked if payment in full of both the Fee and expenses for an Assignment is not received by the due date specified in the relevant invoices or if the Client or Advertiser becomes insolvent or is put into receivership or is subject to any of the matters set out in clause 20.1.2 below.
10. ADDITIONAL/EXTENDED USAGE
10.1 The Fee is based on the Usage Licence as specified in the Estimate. Any additional or extended use (including for the avoidance ofdoubt the use of individual still frames from licensed moving image footage) will attract an additional fee which must be agreed by the Photographer or Videographer in advance.
10.2 Any estimates of additional or extended usage licence fees provided to the Client are valid for a period of three months from thedate of the estimate only (unless otherwise notified in writing).
10.3 The Client acknowledges that such estimates do not include provision for any third party rights which are the responsibility of the Client pursuant to clause 12 below.
10.4 The Client shall procure that the Advertiser requests any necessary extended or additional usage licence(s).
10.5 Any extended or additional use made without permission shall attract an additional fee.
11. EXCLUSIVITY
11.1 All Usage Licences granted by the Photographer or Videographer to the Client shall be exclusive to the Advertiser and the Client unless otherwise agreed in writing.
11.2 Subject to clause 11.4, the Photographer undertakes not until 2 years after the shoot or the expiry of the Usage Licence(s) (whichever is later) to grant any other licence in respect of the Material to any third party.
11.3 After expiry of the exclusivity period the Photographer shall make such use of the Material including the Licensed Images as he/she sees fit.
11.4 Nothing in this clause 11 shall prevent the Photographer or Videographer at any time from using the Material, whether commercial, test or speculative (images shot for presentation/pitch/ awards), in any form and in any manner worldwide for the purpose of promoting his/her services, provided that in the case of unpublished Material the Photographer shall first obtain the Client’s consent, such consent not to be unreasonably withheld. The Photographer or Videographer reserves the right to use the Material for this purpose whether or not in the context of the Advertiser’s advertisement or other material in which the Material is incorporated, including without limitation the Advertiser’s branding.
12. THIRD PARTY RIGHTS
12.1 Engagements of third party suppliers, including models, are subject to such terms and conditions as those parties may require which shall be made available by the Photographer or Videographer on request.
12.2 Estimated model fees cover modelling time only and the Client shall be responsible for clearing model usage unless otherwise stated on the Estimate.
12.3 Items created specifically for the shoot shall remain the property of their creator unless agreed otherwise.
12.4 The Photographer or Videographer shall not be responsible for obtaining any clearances in respect of third party copyright works, trade-marks, designs or other intellectual property used in relation to the Assignment or any Usage Licence or extension thereof unless expressly agreed in writing prior to the shoot.
13. CREDITS
13.1 In respect of all editorial uses and otherwise as additionally stated in the Estimate the Client shall procure that the Photographer’s or Videographer’s name is printed on or in reasonable proximity to all published reproductions of the Licensed Images.
14. PAYMENTS
14.1 All expenses and production costs must be paid in advance of the shoot unless otherwise agreed in writing and such invoices are due on presentation.
14.2 All other invoices must be paid within 30 days of the date of issue. The Photographer or Videographer reserves the right to charge interest on late payments at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until the date payment is made.
14.3 The Photographer or Videographer reserves the right to cancel / revoke any pre agreed discounts on any fees due to late payments.
14.4 If there is a delay of one month or more between agreed pre-production work and the shoot, the Photographer or Videographer reserves the right to invoice the Client for the pre-production element of the Fee and for any expenses already incurred by the Photographer or Videographer.
14.5 Usage Licence and any third party fees negotiated by the Photographer or Videographer are payable regardless of whether Licensed Images are in fact used by the Client or the Advertiser.
14.6 All payments are due in pounds sterling unless expressly stated otherwise.
15. EXPENSES
15.1 All expenses figures provided in advance of a shoot are estimates only and the Client should allow a minimum 10% contingency budget in all cases. All estimated costs are stated exclusive of VAT.
15.2 The Photographer or Videographer will endeavour to work within the agreed cost estimate, but individual costs within the Estimate may vary at his/her discretion to enable the most effective realisation of the brief.
15.3 Receipts for expenses can only be provided if requested prior to shoot confirmation. Provision of receipts will incur an accountancy charge of 1.5% of total costs and fees incurred in respect of the Assignment subject to a minimum charge of £250 and a maximum of £600.
15.4 Where extra expenses or time are incurred by the Photographer or Videographer as a result of alterations to the original brief by the Client, or otherwise at its request, the Client shall be liable to pay such extra expenses and additional fees at the Photographer’s or Videographer’s normal rate.
16. RETURN OF MATERIALS
16.1 Within 30 days of expiry of any Usage Licence the Material must be returned to the Photographer or Videographer in good condition and any digital files stored by the Client and the Advertiser must be deleted.
17. INDEMNITY
17.1 The Client shall indemnify the Photographer or Videographer and keep him/her and their respective officers and employees indemnified on a continuing basis against all liabilities, claims, costs, damages and expenses claimed or incurred (including legal costs) or licence fees due by reason ofany infringement claim, or alleged infringement, of any intellectual property rights relating to any failure by the Client to obtain third party clearances or arising out of use of the Material by the Client or the Advertiser outside of the Usage Licence or otherwise as a result of any breach by the Client or the Advertiser of these terms.
18. EXTENT OF LIABILITY
18.1 The Photographer or Videographer shall not be liable to the Client for any loss of profit, loss of contracts, loss of business or revenues, loss ofproduction or for any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Photographer, Photographer’s employees, or Videographer, agents or sub-contractors or otherwise) which arise out of or in connection with the shoot.
18.2 The Photographer’s or Videographer’s maximum aggregate liability for all losses, damages, costs, claims and expenses however or whenever arising out of or in connection with these Terms shall in any event be limited to the total amount of the fees paid to the Photographer or Videographer in relation to the relevant Assignment.
18.3 Notwithstanding the above, nothing in these terms excludes or limits the liability of the Photographer or Videographer for death or personal injury caused by the Photographer’s or Videographer’s negligence or that of his/her employees, agents or sub-contractors, for any fraudulent statement or act or for any matter which it would be illegal to exclude.
18.4 The Photographer or Videographer hereby disclaims any warranties, conditions and other terms on or relating to the services hereunder or any parts thereof which might otherwise be implied whether by statute, law, custom, course of dealing or otherwise, including without limitation any warranty, condition, or other terms of merchantability, quality, fitness for purpose or non-infringement to the fullest extent permitted by law.
19. CONFIDENTIALITY
19.1 The Photographer or Videographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the Assignment, save as may be reasonably necessary to enable the Photographer or Videographer to carry out his/her obligations in relation to the Assignment.
19.2 It shall be the sole responsibility of the Client to arrange for any third party involved in the Assignment to enter into any confidentiality agreement.
19.3 The Photographer or Videographer will not be liable for any breach of confidentiality by any third party.
20. TERMINATION
20.1 Either party will be entitled to terminate these Terms immediately by giving written notice to the other if the other party:
20.1.1 Commits a material breach of these Terms and fails to remedy that breach (if remediable) within 30 days after receipt of written notice requesting its remedy; or
20.1.2 Is the subject of a bankruptcy order or becomes insolvent or makes any arrangement or composition with or assignment for the benefit of its creditors or if any of the other party’s assets are the subject of any form of seizure, or the other party goes into liquidation either voluntary (otherwise than for reconstruction or amalgamation) or compulsory, or a receiver or administrator is appointed over the other party’s assets.
21. EFFECTS OF TERMINATION
21.1 On termination or expiry of these Terms for whatever reason:
21.1.1 The Client shall pay all sums due and owing the date of which will be automatically accelerated to the date of termination.
21.1.2 The provisions of Clauses 2, 3.3, 8, 9, 10, 11, 12, 13, 16, 17, 18 and 19 shall survive expiry or termination.
21.2 Any termination and/or suspension of these Terms shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party..
22. FORCE MAJEURE
22.1 The Photographer or Videographer shall not be liable for any failure or delay in the performance of any of such party’s obligations under these Terms caused by any circumstances beyond such party’s reasonable control.
23. ARTIFICIAL INTELLIGENCE
23.1 No rights other than those expressly specified in the Licence to Use are granted.
23.2 For the avoidance of doubt, the Photographer reserves the rights, and the Client or Advertiser has no rights to, reproduce and/or otherwise use the Licensed Images or Material in any manner for purposes of training machine learning or other commonly known as artificial intelligence technologies to generate imagery or other output types, including without limitation, technologies that are capable of generating works in the same style or genre as the Licensed Images and/or Material, unless the Client or Advertiser obtains the Photographer's specific and express permission to do so.
23.3 Nor does the Client and/or Advertiser have the right to sub-licence others to reproduce and/or otherwise use the Licensed Images and/or Material in any manner for purposes of training artificial intelligence technologies to generate imagery or other output types without the Photographer's specific and express permission.
24. GENERAL
24.1 Waiver: No delay or omission by a party in exercising any right or remedy under these Terms shall operate to impair such right or remedy or be construed as a waiver thereof. Any single or partial exercise of any such right or remedy shall not preclude any further exercise or the exercise of any other right or remedy.
24.2 Assignment/Sub-contracting: Neither party shall be entitled to assign, transfer, delegate or sub-contract the whole or any part of its rights and obligations under these Terms without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed).
24.3 Notices: Any notice under these Terms shall be duly given if: (a) delivered personally; or (b) sent by pre-paid post, in which case it shallbe deemed to have been received 48 hours after posting; or (c) sent by email, in which case it shall be deemed to have been received whentransmitted, or, if this falls outside business hours in the place of receipt, when business hours resume.
24.4 Entire Agreement and Variation: These Terms and the Estimate constitute the entire agreement between the parties with respect to their subject matter.
24.5 Severability: If any part of these Terms is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the Terms and the remainder shall continue to be valid and enforceable to the fullest extent permitted by law.
24.6 Relationship: Nothing in these Terms shall be construed so as to give rise to any agency, joint venture, partnership or relationship of employer and employee between the parties.
24.7 Third Party Rights: The provisions of these Terms are for the benefit of the parties and are not intended to confer upon any person except the parties any rights or remedies hereunder. No person who is not a party to these Terms shall have any right to enforce any of its terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
24.8 Law and Jurisdiction: These Terms are governed by the laws of England & Wales and the Parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of England & Wales.
Actor Headhsot Terms
The client (defined as the person to whom the invoice is addressed) confirms that they have read, understood and accepted the following terms and conditions, unless otherwise agreed in writing. The client also undertakes responsibility to ensure that all agents, publicists, managers and PR acting on their behalf are aware and will adhere to the terms and conditions of usage.
Confirmation of a booking will constitute agreement by the client to the following terms and conditions - please read carefully and contact booking@jcheadshots.com if there is anything you are unsure about.
HEADSHOTS: LICENSING & USAGE
Photographs taken during headshot sessions are Licensed to Use by the client for the following usage(s): Spotlight website and book (spotlight.com), Internet Movie Database website (www.imdb.com), agency or management websites, personal websites, theatre programmes, personal business cards and personal portfolios (inc personal social media accounts), and the following named Film & Theatre Industry Trade publications: 'Deadline.com', 'Variety Magazine', 'The Hollywood Reporter', 'The Wrap', 'Backstage', 'Screen Daily' and 'The Stage' ONLY. The 'License to Use' is granted on the condition that all images MUST be clearly credited to 'JC Headshots' wherever they appear. If sharing on social media please credit @jcheadshots in both the tag & the image caption.
No third party rights are granted. Photographs may not be reproduced, published, sold or used by the client (or agencies acting on their behalf) without permission from JC Headshots for any commercial purposes beyond the usage defined above.
Images may not be altered or manipulated by licensee or any third party without prior written approval. This includes removal or alteration of metadata.
Copyright clearance and/or licensing fees for ANY other use (such as mainstream press, magazine editorials, merchandise, CD sleeves, production bill-boards, commercial advertising campaigns) MUST be negotiated and approved prior to publication. All supplied images remain the property and copyright of 'JC Headshots' and are protected under United Kingdom & International copyright laws. All moral and intellectual rights are asserted under the Copyright Designs & Patents Act 1988.
It is the client's responsibility to obtain written copyright clearance from 'JC Headshots' prior to distribution or publication of ANY additional usage including but not limited to; publication on third party websites (not named above), digital or printed magazines, news publications, marketing merchandise and ANY additional print or digital distributed media that falls outside the exceptions listed above. Failure by the client (or agents acting on behalf of the client) to obtain copyright clearance from 'JC Headshots' resulting in authorised use may result in legal action. Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
1. DEFINITIONS.
(a) For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include those appointed by the client to act on their behalf and their respective assignees, sub-licensees and successor 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 Client” shall be interpreted as references to the Photographer’s Client. (b) For the purpose of this agreement “The Photographer” will mean JC Headshots. And shall where the context so admits include their respective assignees, sub-licensees and successor in title. (c) “Photographs” "Images" and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed. (d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable. (e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer. (f) Where time is of the essence the Photographer entirely at her own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order. (g) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so. (h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
2. COPYRIGHT.
(a) The Author 'JC Headshots' retains the entire copyright of the Photographs and Works at all times, throughout the World. Photographs may not be reproduced, sold, published or used by the Client or Agents acting on their behalf without permission or beyond the terms laid out in the usage license as specified on the invoice. (b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
3. OWNERSHIP OF MATERIALS.
(a) Title to all Photographs remains the property of the Photographer. (b) Title to any materials used in producing the Works is NOT transferred to the Client upon payment of the invoice.
4. USE.
(a) The License to Use comes into effect from the date of payment in full of the relevant invoice(s). (b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing. (c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client or Agency is put into receivership or liquidation. (d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made. (e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied. (f) On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
5. CLIENT CONFIDENTIALITY.
(a) The Photographer will keep confidential and will not disclose to any third parties or make use of 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 her obligations in relation to the commission.
6. EXCLUSIVITY.
(a) Unless agreed to in writing on the 'License to Use' no exclusivity is given or implied to The Client and/or The Agency. (b) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before the photoshoot commences. (c) The Photographer retains the right to use the Photographs in their portfolio. (d) Should image usage requests be received from third parties (including Editorial / Press / Media); the Photographer will endeavour to seek approval from The Client before permitting any third party publication of photographs. (e) If no response is received within 24 hours the Photographer may at their discretion grant permission for third party licensing.
7. INDEMNITY.
(a) It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained. (b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are 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. (c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. (d) In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. (e) The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, JC Headshots their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
8. PAYMENT.
(a) Payment by the Client must be made before or on the day of commencement of work by BACS transfer or cash, or strictly within 30 days of the issue of the relevant invoice for the commissioned work. (b) Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £17 and all other costs for the recovery of debts including bank charges. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced. (c) Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
9. EXPENSES.
(a) Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, including changes to retouching or additional requests made after commencement of retouching work, or otherwise. The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
10. REJECTION.
(a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition. Any specific requests for the style of images or location of the shoot must be agreed prior to the session. (b) Session fees & post-work fees for retouching or editing already undertaken are non-refundable. (c) Where possible, the Client will be given the opportunity to review images on-camera during the session and approve the images before the end of the shoot. (d) In the rare instance that an Agent is not satisfied with the images (before the submission of retouching requests and prior to any use being made of the supplied images) JC Headshots agrees to offer a complimentary re-shoot.
11. CANCELLATION & POSTPONEMENT.
(a) A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at their discretion, charge a 20% fee (£80) of cancellation or postponement if cancellations are made with less than 72 hours notice before the session is due to commence. (b) JC Headshots also reserves the right to refuse future booking requests from the client following a late cancellation. (c) Cancellations that are made with less than 24 hours notice may be subject to a 50% cancellation fee (£200). (d) The client agrees to notify the photographer at the earliest opportunity by phone & email if there is a possibility of illness or schedule conflict, so that the Photographer has the opportunity to put another client on stand-by to take the session in the case of a late cancellation, thereby avoiding the need to charge a cancellation fee.
12. RIGHT TO A CREDIT.
(a) The Licence to Use requires that the Photographer’s name ‘JC Headshots’ must be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts her statutory and moral 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. (b) Images shared on social media must be clearly credited to @jcheadshots.
13. SUPPLY TO THIRD PARTIES.
(a) No third party rights granted. The licence ONLY applies to the Client and usage stated on the Licence to Use. (b) Photos may not be distributed to third parties without prior written consent from the Photographer.
14. ELECTRONIC STORAGE.
(a) Save for the purposes of production for the licensed use(s) listed above, the Photographs may not be archived in any form without the written permission of the Photographer. (b) Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer. (c) Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive. (d) It is the client's responsibility to ensure that high-resolution images are downloaded and saved to secure back-ups. (e) Requests for extra retouching / re-uploading of final images from shoots older than 2 years may be subject to an additional fee.
15. APPLICABLE LAW.
(a) This agreement shall be governed by the laws of the United Kingdom & International copyright laws.
16. VARIATION.
(a) These Terms and Conditions shall not be varied except by agreement in writing. Please contact booking@jcheadshots.com if anything is unclear.
All photographs remain the property and copyright of JC Headshots and are protected under United Kingdom & International copyright laws. All moral and intellectual rights are asserted under the Copyright Designs & Patents Act 1988.
© 1998-2024 JC Headshots