TERMS AND CONDITIONS

+44 (0) 7725 212 775

www.pixelmanagement.co.uk

facebook search "Beth Crockatt Photography"

TERMS AND CONDITIONS OF SUPPLY AND USE OF IMAGES; COMMISSION OF PHOTOGRAPHIC WORK 1. In these Terms and Conditions the following definitions shall apply: - Beth Crockatt Photography, that undertakes photographic services and is a supplier of photographic images [registered address: 171 Chevening Road, London, NW6 6DT]; - Client means the person, firm and/or company who have requested and/or received Images from Beth Crockatt Photography, or requested a photographic commission; - Commission means photographic work which has been requested by the client for Beth Crockatt to undertake; - Credit Line means the required copyright acknowledgement refer to paragraph 5; - Image means any visual representation of any object, person or scene or phenomenon whether generated optically, electronically, digitally or by any other means and whether stored or displayed in any electronic or other medium whatsoever, that is supplied by Beth Crockatt under these terms and conditions. For the avoidance of doubt, but without limitation, this but includes a photograph, a film, transparency, photographic composite, negative, design, illustration, digital image file, video, print or montage; - Reproduction Rights means the initial right only to any form of copying or publication of the whole or part of any Image whether by printing, photography, slide projection (whether or not to an audience), xerography, artist’s reference, artist’s illustration, layout or presentation, electronic, digital or mechanical means or by any other means. 2. Beth Crockatt shall deliver Images to the Client by such electronic or other means as the Client reasonably requests. 3. All Images are supplied, on loan and no property or copyright or other rights whatsoever shall pass to the Client on supply of any Image, or on the grant by Beth Crockatt of any Reproduction Rights. 4. All images supplied are protected under Copyright. All rights are reserved. The images may not be copied, displayed, sold, reproduced or published in any form, without first obtaining written consent. The Copyright of all the photographic images remains with the photographer at all times. Unauthorised copying is illegal under the Copyright Design and Patent Act 1988 (UK) and relevant international laws. All original photographic material remains the property of the photographer. 5. Upon Reproduction or display on an image, a photographer\\\'s credit must appear at all times, clearly alongside the image(s) or as detailed within the reproduction license; example headers: \\\'Photo:\\\' or \\\'Image supplied by\\\' or ‘Copyright:’ or \\\'Photographer\\\'; credit to be displayed: Beth Crockatt (www.pixelmanagement.co.uk)\\\'. 6. Should an image be displayed on a web page, the photographer’s credit must be enabled as a functional website link to: ‘www.pixelmanagement.co.uk.’ Additionally the image must have a copyright notice imprinted over the image example: ‘© Beth Crockatt Photography’ and be clearly visible and readable to all users. 7. Wherever possible, reasonable precautions must be taken to safeguard against copyright fraud and abuse inclusive of preventative digital copying web based technologies. 8. Upon the Client arranging and confirming a Commission, the agreed fees are payable upon receipt of an invoice, payment must be received in full as per the invoice due date. 9. This agreement is subject to future amendments in accordance with changes in practice by Beth Crockatt Photography, without notice. Updates will be available upon request. 10. If the Client wishes to use any of the Images it shall inform Beth Crockatt and/or Pixel Management of the intended use of the Images and if Beth Crockatt Photography agrees in its discretion to such use, Beth Crockatt Photography and the Client shall attempt to agree a fee for Reproduction Rights. Until the Reproduction fee has been agreed and Beth Crockatt Photography has issued its invoice for the same neither party is committed to grant or acquire any Reproduction Rights in any Image. Thereafter the Client shall be liable to pay such invoice regardless of whether or not the Client exploits the Reproduction Rights granted to it. - 10.1. The Client has the right to reproduce an Image only when Beth Crockatt Photography invoice for fees is fully paid. Any Reproduction by the client (or any third party) before full payment of the Invoice constitutes an infringement of rights and a breach of this agreement entitling Beth Crockatt Photography to rescind this agreement. - 10.2. If within 28 days of delivery of Beth Crockatt Photography invoice but before payment the Client requests cancellation of the Rights of Reproduction Beth Crockatt Photography may in its discretion cancel the Rights of Reproduction subject to the Client paying a cancellation fee of 50% of the agreed Reproduction fee. 13. Any Reproduction Rights are granted by way of licence only and no part or other assignment of copyright or any other rights shall be implied. Reproduction Rights may not be assigned or sub-licensed. - 13.1 Any rights to Reproduce are strictly limited to the use, medium, period of time and territory as specified by Beth Crockatt Photography and shall be non exclusive unless otherwise agreed. - 13.2 The Client shall ensure that all Images Reproduced shall have the Credit Line specified by Beth Crockatt Photography on or reasonably near the Image. 14. The Client may not make any alterations to or deletions from any Image whether minor or not without the express prior written consent of Beth Crockatt Photography. 15. Any Image of any living person well known to the general public or any section of it or any image of any person engaged in any competitive sport may not be used in any manner or context which can reasonably be construed as the said person’s endorsement of any product or service nor may any Image be used in a manner or context which can reasonably be construed as defamatory of any natural or legal person. 16. The Client agrees to indemnify Beth Crockatt Photography in respect of any claims, damages, expenses (including legal costs on a full indemnity basis), costs or loss arising in any manner from the use of any Images in breach of the foregoing provisions in Clauses 10 to 15 inclusive. 17. Beth Crockatt Photography may at any time during business hours upon reasonable notice inspect any books, records, computer systems or documents in the possession, custody or control of the Client and relating to the Reproduction of any Images to ensure that the provisions of these terms and conditions are complied with and for this purpose the Client shall give Beth Crockatt Photography all necessary access its premises, books, records, computer systems or documents Beth Crockatt Photography shall require. 18. Beth Crockatt Photography invoices are due on receipt and shall be paid in full within 7 days. A 30 day payment schedule maybe allowed upon request. Failing to make payment within the set time period, Beth Crockatt Photography may charge administrative fees and interest on the overdue payment as governed by The Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002. All amounts due under these terms and conditions shall be paid in full without any deduction or withholding other than as required by law and the Client shall not be entitled to assert any credit, set-off or counterclaim against Beth Crockatt Photography in order to justify withholding payment of any such amount in whole or in part. 19. A proof or sample of every publication or the relevant pages thereof or a sample of any product on which Images are Reproduced are to be furnished by the Client to Beth Crockatt Photography within 7 days of first publication. In other media evidence of use must be available if Beth Crockatt Photography so request. 20. It is acknowledged that Beth Crockatt Photography gives no warranty or undertaking that any rights, releases or consents which are required, desirable or necessary for Reproduction are or will be obtained whether in relation to the use of names, people, trade marks, registered, unregistered or copyright designs or any underlying works of whatever nature depicted in any Image, or that any waivers of any moral rights have been obtained. The Client must satisfy himself that all necessary rights, model releases or consents and waivers as may be required or desirable or necessary for Reproduction are obtained. - 20.1 Beth Crockatt Photography gives no warranty as to the accuracy or authenticity of the Images or any description of them or the identification of persons, objects or scenes appearing in them and shall not be liable to Client for any of the foregoing. - 20.2 The Client shall indemnify Beth Crockatt Photography in respect of any claims, damages, loss or costs arising in any manner from the use of any Images which have been Reproduced without effective rights, releases or consents or waivers as described in this clause 19 being obtained. - 20.3 The Client shall indemnify Beth Crockatt Photography in respect of any claims, damages, loss or any costs arising in any manner whatsoever from the unauthorised use (whether by the Client or any third party to which the Client may have supplied any Image) of any Image supplied to the Client by Beth Crockatt Photography. This indemnity applies where a third party reproduces any image provided to the Client. - 20.4 Whilst Beth Crockatt Photography agrees to take reasonable care in the performance of these terms and conditions generally Beth Crockatt Photography shall not be liable for any loss or damage suffered by the Client or any third party arising from use or Reproduction of any Image or its caption. - 20.5 Beth Crockatt Photography liability to the Client whether under these terms and conditions or for negligence or otherwise howsoever shall in no circumstances exceed the aggregate fees paid by the Client to Beth Crockatt Photography in respect of the Images which gave rise to such liability. 21. Beth Crockatt Photography shall be entitled to terminate this agreement (including any rights of Reproduction) with immediate effect by notice in writing if the Client is in breach of any of clauses 10 to l5 inclusive or is in material breach of any other clause of these terms and conditions and fails to remedy the breach within 7 days of receipt of such notice or if the Client becomes insolvent, has a Receiver appointed over any of its assets, is the subject of an Administration Order, entered into any arrangement with its Creditors or goes bankrupt. Termination does not affect the accrued rights and obligations of Beth Crockatt Photography or the Client at the date of termination. On termination the Client shall forthwith return to Beth Crockatt Photography all copies of Images in its possession custody or control and shall delete any intangible copies of Images from its systems. 22. These terms and conditions shall be governed by and construed in accordance with the law of England and each part submits to the non-exclusive jurisdiction of the English Courts. Updated August 2005