TERMS AND CONDITIONS
Terms & Conditions PHOTOGRAPHY only. Please see Scope of Work on all video commissions for production T&C:
1. Usage terms of photographs supplied
I. The ‘Client’ will have a one (1) year exclusivity of the images supplied by Kinsmen Photography from the date of delivery in an editorial capacity only unless otherwise agreed. Thereafter all images may be used by Kinsmen Photography for resale, redistribution and personal use across all digital and print platforms without recompense to the ‘Client’.
II. The ‘Client’ will have a period of six (6) months with which to complete the publishing of the primary images chosen either online or print. If after six (6) months the primary images have not yet been published, then the images will be available for Kinsmen Photography for resale, redistribution and personal use across all digital and print platforms without recompense to the ‘Client’.
III. The ‘Client’ has first choice of images supplied. Once primary images are chosen and delivered, images that have not been selected in the initial selection process, known as secondary images, are immediately available for Kinsmen Photography for resale, redistribution and personal use across all digital and print platforms without recompense to the ‘Client’.
IV. The ‘Client’ is not licensed in part or in whole to redistribute or resell the images which are provided by Kinsmen Photography to any third party members, unless prior written permission is agreed. Any sale of images completed by the 'Client' that Kinsmen Photography has supplied, will be notified in writing to Kinsmen Photography and a commission of 40% of the final sale will be delivered to Kinsmen Photography.
V. Kinsmen Photography is the sole copyright owner of all images, video and other content created which are supplied to the ‘Client’.
2. Copyright Infringement
I. Any copyright infringements discovered by Kinsmen photography of any of the images supplied to the ‘Client’ will be handle solely by Kinsmen photography without recompense to the ‘Client’.
II. The ‘Client’ will provide, where possible, any evidence to Kinsmen Photography to help aid the recovery of damages as a result of any copyright infringement.
3. Credits
I. All credits must be placed in a legible manner with any photography or videography supplied by Kinsmen Photography.
II. Credit must be published in one of the two formats below and hyperlinked where possible:
A. We Are Kinsmen
B. Kinsmen
4. Copyright
The entire copyright in the Photographs is retained by Kinsmen Photography at all times throughout the world.
5. 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 archived by the client and removed from any live marketing or promotional activity.
8. 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/Client is put into receivership or liquidation. The Licence only applies to the Advertiser/Client and product as stated on the front of the form and its benefit shall not be assigned to any third party without Kinsmen Photography's express 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.
9. 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 the Photographer shall be entitled to use the Photographs for any purposes.
10. 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.
11. Indemnity
The Photographer agrees to indemnify the Agency, the Advertiser and the Client 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, the Advertiser and the Client 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.
12. Payment
Payment by the Agency/Advertiser/Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If payment remains outstanding after 30 days, an 8.5% late payment fee will be supplied, and 0.5% for every subsequent day, with a flat recovery fee of £70 for every additional invoice in accordance with the Late Payment of Commercial Debts Regulations 2013. The Photographer may request a 20% deposit upon booking, this will be assessed on a case by case basis.
13. Expenses
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency, the Advertiser or the Client, or otherwise at their request, the Agency/Advertiser/Client 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 as having been agreed or estimated.
14. Rejection
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
15. Cancellation and postponement
If The Client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation.
A booking is considered firm as from the date of confirmation.
Cancellation within 4 weeks or more before date of event/job is subject to a 10% cancellation charge.
Cancellation within 2 weeks before date of event/job is subject to a 20% cancellation charge.
Cancellation within 5 days before date of event/job is subject to a 50% cancellation charge.
Cancellation within 48 hours before date of event/job is subject to a 100% cancellation charge.
If the Photographer is unable to perform due to fire or other casualty, strike, or other cause beyond the control of either parties, or due to the Photographer’s illness or injury, then Kinsmen Photography shall endevour to replace the photographer but shall have no further liability with respect to this agreement. This limitation on liability shall also apply in the event that images are lost through equipment malfunction, lost in the mail or otherwise lost or damaged without fault on the part of the Photographer. In the event that Kinsmen Photography fails to perform for any other reason, Kinsmen Photography shall not be liable for any amount in excess of the orginal fee.
16. 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 Kinsmen Photography. Manipulation of the image or use of only a portion of the image may only take place with the permission of Kinsmen Photography.
17. Damages
The Agency/Advertiser/Client is solely responsible for making adequate back-up files of all Photographs and for keeping the files adequately insured throughout the duration of the licensed use(s), reproductions may be created at Kinsmen Photography's discretion. Under no circumstance shall Kinsmen Photography be responsible for any failure to return content or for damage caused to content, nor shall the Kinsmen Photography be obligated to provide copies of the Photographs to Agency/Advertiser/Client.
18. Press and Stock Agency Submissions
Kinsmen Photography provides press and stock agency submissions, if instructed by the Client, either before or after job completion, and is subject to a charge at the discretion of Kinsmen Photography. Kinsmen Photography will guarantee the submission of up to 15 selected images to the press or stock agency, if instructed by the Client, but Kinsmen Photography does not guarantee that the press or stock agency will accept or choose to run with the submission. Kinsmen Photography will accept no responsibility, in whole or in part, if the images submitted are not accepted or provided to the media or public for the Clients intended use. It is the sole responsibility of the Client to ensure that the titles, captions and information for the submission is correct. Kinsmen Photography will accept no responsibility, in whole or in part, if there is an error in the submission due to Client negligence or mis-information. The Client is not entitled to any commission, payment, recompense or compensation from the sale of the submitted images through press or stock agencies or in the event that the press or stock agencies use the images for whatever purposes that are born as a result of the submission. Kinsmen Photography reserve the right to submit images to press and stock agencies even if not instructed by the client, and the client will not be entitled to any commission, payment, recompense or compensation from the sale of the submitted images through press or stock agencies. Kinsmen Photography reserve the right not to submit selected the images to press and stock agencies, if Kinsmen Photography believe that the selected images are not of an appropriate nature, or could cause damage to Kinsmen Photography in anyway whatsoever.
19. Applicable by law
This agreement shall be governed by the laws of England & Wales.
20. Variation
These Terms and Conditions shall not be varied except by agreement in writing.