Terms, Conditions & Legal Obligations
CHRIS DAVIES PHOTOGRAPHY – EASTWOOD MEDIA LTD
Eastwood Media Ltd company number 06827052
VAT Registration Number GB 206 8884 80
Applied to the commissioning and reproduction of photography and photographic images and film
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 Eastwood Media’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 Eastwood Media client. "Photographs" means all photographic material furnished by Eastwood Media, whether transparencies, negatives, prints, video or any other type of physical or electronic material. “Film” and “Video” means all moving imagery furnished by Eastwood Media irrespective of file format.
2. COPYRIGHT In accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988 the entire copyright in the photographs and film footage is retained by Eastwood Media Ltd at all times throughout the world. Unauthorised use of images will be charged at £500 + VAT per image per use regardless of whether a credit is given ( see 12) and film will be charged at a rate proportionate to it’s audience but not less than £500 + VAT per minute of screened use.
3. OWNERSHIP OF MATERIALS Title to all photographs and film remains the property of the Eastwood Media. When the Licence to Use the material has expired, the photographs or any physical material must be returned to Eastwood Media in good condition within 30 days.
4. USE The Licence to Use will be stated on the invoice referring to the commission and comes into effect from the date of payment of the relevant invoice(s). No use may be made of the images/video before payment in full of the relevant invoice(s) without the express Permission of Eastwood Media 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 first party or commissioning agency and its benefit shall not be assigned to any third-party without Eastwood Media' permission. Accordingly, even where any form of 'all media' Licence is granted, Eastwood Media’s permission must be obtained before any use of the Photographs or Film for other purposes e.g. use in relation to another product or sublicensing 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 and film will be subject to these terms and conditions. Material supplied for immediate press release (when requested and agreed by Eastwood Media) will be granted a restricted licence with immediate effect.
5. EXCLUSIVITY The Agency and Advertiser will be authorised to publish the Photographs/video to the exclusion of all other persons including Eastwood Media. However, Eastwood Media retains the right in all cases to use the photographs/video for any purposes.
6. CLIENT CONFIDENTIALITY Eastwood Media will keep confidential and will not disclose to any third parties or make use of material or information communicated to it in confidence for the purposes of the photography, save as may be reasonably necessary to enable Eastwood Media to carry out the obligations in relation to the commission.
7. INDEMNITY It is the Agency or Advertiser who must satisfy themselves that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Eastwood Media gives no warranty or undertaking for any such rights. Model releases or consents must be obtained by the Agency and Advertiser whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the Agency and Advertiser then the Agency and Advertiser shall indemnify Eastwood Media against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained. The Agency shall be responsible for obtaining all clearances and will indemnify Eastwood Media against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
8. PAYMENT Payment of 35% of the quoted amount will be expected upon confirmation of the work with the balance payable upon completion of work and before release of the footage and/still images. If the invoice is not paid, in full, within 30 days Eastwood Media 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 Eastwood Media as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency/client shall and will be liable to pay such extra expenses or fees at Eastwood Media' normal rate in addition to the expenses having been agreed or estimated. Travel expenses are billed at 45p per mile from LL11 (Flintshire) / DY10 (Worcestershire. Should overnight accommodation be necessary this will be included as will reasonable subsistence costs.
10. REJECTION 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 Eastwood Media Ltd will, at their discretion, charge a fee for cancellation or postponement. If a job is cancelled for any reason full charges will be due together with expenses incurred. If the PIC cannot fly on grounds of safety the contract will be deemed fulfilled and the full charge payable with incurred expenses, by the client.
12. RIGHT TO A CREDIT Eastwood Media has a “Right to a Credit" and should be printed on or in reasonable proximity to all published reproductions of the photograph(s). By commissioning Eastwood Media statutory right is exerted 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 / Film may not be stored in any form of electronic medium without the written permission of Eastwood Media. Manipulation of the image or use of only a portion of the image may only take place with the permission of Eastwood Media Ltd.
14. APPLICABLE LAW This agreement shall be governed by the laws of United Kingdom
15. VARIATION These Terms and Conditions shall not be varied except by agreement in writing.
CAA licenced for aerial work (PFAW 1020) - professional indemnity and full public liability insurance can be provided upon request.
Eastwood Media LTD