Terms of Service
1. Definitions
(a) For the purpose of this agreement ‘the Client’ shall refer to the person(s) or company directly employing the Photographer or purchasing a license to use the Photographer’s images. Where the client is not direct, e.g a third party or agency, that third party or agency shall be interpreted as the ‘Client’.
(b) All references in this agreement to the term 'Photographer' shall refer to Nick Dearden or the company Building Narratives.
(c) 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.
(d) Email correspondence shall constitute a contract in law. If the Client deems this unacceptable, then hardcopy paperwork must be submitted.
(e) Verbal instructions by the Client are accepted purely at the discretion of the Photographer. In this event, the Photographer shall accept no liability for any error in executing the instructions.
(f) All contracts verbal or written are only accepted on the basis that the Terms of Service of the Photographer are the only ones applicable.
(g) These Terms of Service shall not be altered except by agreement in writing.
2. Copyright
(a) Title and copyright to all images is retained by the Photographer at all times throughout the world.
(b) Images in both digital and physical format are protected by the Copyright, Designs and Patents Act 1988. Except for purposes relating to the licensed use(s), copying or reproducing images by any digital or physical means is prohibited without written permission from the Photographer.
(c) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied.
3. Use
(a) Licence to use images only applies to the Client as agreed at the time of commission.
(b) The Photographer must give written consent before images may be used by any third party not included in the original agreement.
(c) the licence to use the images comes into effect from the date of payment of the relevant invoice. The Photographer must give permission if use of the images is required before full payment of the relevant invoice(s). Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date.
(d) Where restricted in the agreement, permission to use the images for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Written agreement must be reached with the Photographer before the images may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made.
4. Exclusivity
(a) Unless agreed to in writing at the time of commission no exclusivity is given or implied to the Client.
(b) The Photographer retains the right in all cases to use the images in any manner at any time and in any part of the world and to sell image licenses to third parties.
(c) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
6. 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 his/her obligations in relation to the commission.
7. Indemnity
(a) It is the Client who must satisfy themselves that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any images 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 copyrighted designs or works of art depicted in any image.
(c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing prior to 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, and it is the Client’s responsibility to insure against such loss or damage.
8. Payment
(a) Payment by the Client shall be within 7 days of the issue of the relevant invoice for the commissioned work.
(b) Reasonable extension will be granted at the Photographer’s discretion if requested in good time by the Client.
(c) If the invoice is not paid in full within 7 days or the agreed extension period, the Photographer reserves the right to charge late payment charges and 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
(a) Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, 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.
11. Cancellation or Postponement
(a) A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee of cancellation or postponement.
12. Authorship Credit
(a) All image publication, either in print, on a website, as part of an application or on social media, shall be accompanied by credit in writing to the Photographer ‘Nick Dearden’ within reasonable proximity.
(b) When images are used on Instagram, photographic credit must be given in the caption section to ‘Nick Dearden’ followed by an active link to the Photographer’s profile ‘@buildingnarratives’.
(c) Where photographs are used in monographic content, i.e. all or the majority of the photographs that appear in the published work are the work of the Photographer, then the Photographer must be credited with appropriate visibility at the beginning of the published work.
13. Image Manipulation
(a) Minor cropping of images will be permitted where this does not affect the composition of the image and only where necessary to meet the graphic requirements of the intended use, for example, Instagram posts.
(b) All other forms of image manipulation are strictly prohibited.
14. Data Storage
(a) The Photographer has no obligation to retain or archive any of the images after they have been delivered by appropriate means and the invoice settled.
15. Applicable Law
(a) This agreement shall be governed by the Laws of England & Wales.