terms & conditions

marco joe fazio photography

Terms & Conditions

 

Definitions

"Photographs" means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.

Ownership & Copyright

Title to all Photographs remains the property of the Photographer. The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.

Use (non-commercial)

The Clients will be supplied with unlimited non-commercial Licence to Use. The Licence 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. Clients and third parties are prohibited from using the Work for any commercial purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. 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 sublicensing through a photolibrary. 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.

Use (commercial)

Licence to Use for commercial purposes available upon request. Please contact us for further details and bespoke requests.

Photographer’s Promotional Use

The Photographer retains the right in all cases touse 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.

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.

For more information please read our Privacy Policy.

Indemnity

The Photographer agrees to indemnify the Clients 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 Clients 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.

Booking, Cancellation & Postponement

A booking is considered firm as from the date of confirmation and payment of the session fee. Subsequently:

  • Postponement can be made anytime before 48 hours from the shoot commencing, rescheduling it as the Client needs without surcharges (subject to availability).
  • Cancellation made anytime before 48 hours from the shoot commencing will charged 30% of session fee.
  • Cancellation or postponement within 48 hours from the shoot commencing will be charged as 50% of session fee.

Balance/Final Payment

Payment by the Clients will be expected on product delivery and 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.

Expenses

Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Clients, or otherwise at their request, the Clients 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 on commission as having been agreed or estimated.

Rejection

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

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.

Applicable Law

This agreement shall be governed by the laws of England & Wales.

Variation

These Terms and Conditions shall not be varied except by agreement in writing.