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T's & C's

TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PICTURES FROM SHOT BY BROCK (Courtney Brock Photography)

1. Terms and Definitions: 

(a) picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction; 

(b) reproduction includes any form of publication or copying of the whole or part of any picture 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; 

(c) the Photographer (otherwise known as Courtney Brock) is the Author of the photograph. 

(d) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party); 

(e) Shot By Brock (Courtney Brock Photography) administers the licensing of the works of the Photographer, Courtney Brock and is a trading name of Shot By Brock. 

(f) These terms and conditions represent the entirety of the agreement between Shot By Brock (Courtney Brock Photography) and the Client. Any variation is only applicable when agreed in advance and in writing; 

2. Copyright and Ownership of Materials: 

(a) The entire copyright in the pictures is retained by the Photographer, Courtney Brock at all times throughout the world and is administered by Shot By Brock (Courtney Brock Photography); 

(b) Title to all photographs remains the property of the Photographer; 

(c) Images will be licensed for use for a specified period. When the License to Use has expired, the images should be returned to the Photographer 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. The Photographer reserves the right to make an additional charge for continued use after this period; 

(d) The Photographer, as administered by Shot By Brock (Courtney Brock Photography), supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Courtney Brock Photography’ grant of reproduction rights in respect thereof; 

(e) Courtney Brock asserts both her moral right to be identified as the author of her work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988; 

(f) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Courtney Brock Photography any fee payable by the Client shall be subject to an increase specified by Courtney Brock Photography, and in any event an increase of not less than 25%. 

(g) Unauthorised use or reproduction of any images or media created by Shot By Brock (Courtney Brock Photography) delivered to clients or taken from this or any other website shall be subject to a minimum fee of £500 per instance and shall be followed with legal proceedings if required. 

3. Use and Reproduction: 

(a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received by Shot By Brock (Courtney Brock Photography); 

(b) Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice; 

(c) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Shot By Brock (Courtney Brock Photography)’ invoice. An agreement must be reached with Courtney Brock before the pictures are used for a different purpose or after the licence to use has expired; 

(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice; 

(e) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights; 

(f) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied; 

(g) Courtney Brock reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client; 

(h) In the case of printed publications and other media locations, evidence of use must be made available if requested; 

4. Definitions of Reproduction Rights: 

The following terms are used when describing the reproduction rights granted by Shot By Brock (Courtney Brock Photography) and the Photographer to the Client: 

(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site; 

(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication; 

(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice; 

(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only. 

5. Payment Terms: 

(a) Our payment terms are strictly net 28 days (four weeks) unless agreed in advance and in writing; 

(b) If payment is not made in accordance with (a) above then Shot By Brock (Courtney Brock Photography) may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998; 

(c) A fee will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices; 

(d) The Client’s right to reproduce a picture arises only when Courtney Brock Photography's invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Courtney Brock Photography to rescind the Agreement and rendering the Client liable for the payment of damages; 

(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date;

5. Payment Terms: 

(a) Our payment terms are strictly net 28 days (four weeks) unless agreed in advance and in writing; 

(b) If payment is not made in accordance with (a) above then Shot By Brock (Courtney Brock Photography) may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998; 

(c) A fee will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices; 

(d) The Client’s right to reproduce a picture arises only when Courtney Brock Photography's invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Courtney Brock Photography to rescind the Agreement and rendering the Client liable for the payment of damages; 

(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date;

6. Rejection: 

(a) Shot By Brock (Courtney Brock Photography) will edit every take and deliver what it considers to be the best of every situation covered; 

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

(c) Shot By Brock (Courtney Brock Photography) will supply high res JPEG images, retouched as appropriate unless otherwise specified in writing. No RAW files will be supplied;

 

7. Applicable Law: 

(a) This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England; 

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

(c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts. 

 

8. Client Confidentiality: 

Shot By Brock (Courtney Brock Photography) will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out their obligations in relation to the commission. 

Making Payment 

Payment by Bank transfer is preferred and bank details will be provided on invoice unless otherwise agreed in advance. Payment within 28 days of invoice.

By entering your email address in the field below and submitting, you are agreeing to the terms and conditions as set out above. Submit your email address to continue. By not agreeing to the terms and conditions, Shot By Brock (Courtney Brock Photography) has the right to withdraw from and cancel your shoot.

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