FAYE THOMAS PHOTOGRAPHY
BOOKING TERMS & CONDITIONS
OVERVIEW
The client (defined as the person to whom the invoice is addressed) confirms that they have read, understood and accepted the following terms and conditions, unless otherwise agreed in writing. The client also undertakes responsibility to ensure that all agents, publicists, managers and PR acting on their behalf are aware and will adhere to the terms and conditions of usage.
Confirmation of a booking will constitute agreement by the client to the following terms and conditions - please read carefully and contact booking@fayethomas.co.uk if there is anything you are unsure about.
HEADSHOTS: LICENSING & USAGE
Photographs taken during headshot sessions are Licensed to Use by the client for the following usage(s): Spotlight website and book (spotlight.com), Internet Movie Database website (www.imdb.com), agency or management websites, personal websites, theatre programmes, personal business cards and personal portfolios (inc personal social media accounts), and the following named Film & Theatre Industry Trade publications: 'Deadline.com', 'Variety Magazine', 'The Hollywood Reporter', 'The Wrap', 'Backstage', 'Screen Daily' and 'The Stage' ONLY. The 'License to Use' is granted on the condition that all images MUST be clearly credited to 'FAYE THOMAS' wherever they appear. If sharing on social media please credit @fayethomasphoto in both the tag & the image caption.
No third party rights are granted. Photographs may not be reproduced, published, sold or used by the client (or agencies acting on their behalf) without permission from Faye Thomas for any commercial purposes beyond the usage defined above.
Images may not be altered or manipulated by licensee or any third party without prior written approval. This includes removal or alteration of metadata.
Copyright clearance and/or licensing fees for ANY other use (such as mainstream press, magazine editorials, merchandise, CD sleeves, production bill-boards, commercial advertising campaigns) MUST be negotiated and approved prior to publication. All supplied images remain the property and copyright of 'Faye Thomas' and are protected under United Kingdom & International copyright laws. All moral and intellectual rights are asserted under the Copyright Designs & Patents Act 1988.
It is the client's responsibility to obtain written copyright clearance from 'Faye Thomas' prior to distribution or publication of ANY additional usage including but not limited to; publication on third party websites (not named above), digital or printed magazines, news publications, marketing merchandise and ANY additional print or digital distributed media that falls outside the exceptions listed above. Failure by the client (or agents acting on behalf of the client) to obtain copyright clearance from 'Faye Thomas' resulting in authorised use may result in legal action. Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
1. DEFINITIONS.
(a) For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include those appointed by the client to act on their behalf and their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “ and “the Client” shall be interpreted as references to the Photographer’s Client. (b) For the purpose of this agreement “The Photographer” will mean Faye Thomas. And shall where the context so admits include their respective assignees, sub-licensees and successor in title. (c) “Photographs” "Images" and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed. (d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable. (e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer. (f) Where time is of the essence the Photographer entirely at her own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order. (g) 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. (h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
2. COPYRIGHT.
(a) The Author 'Faye Thomas' retains the entire copyright of the Photographs and Works at all times, throughout the World. Photographs may not be reproduced, sold, published or used by the Client or Agents acting on their behalf without permission or beyond the terms laid out in the usage license as specified on the invoice. (b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
3. OWNERSHIP OF MATERIALS.
(a) Title to all Photographs remains the property of the Photographer. (b) Title to any materials used in producing the Works is NOT transferred to the Client upon payment of the invoice.
4. USE.
(a) The License to Use comes into effect from the date of payment in full of the relevant invoice(s). (b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing. (c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client or Agency is put into receivership or liquidation. (d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made. (e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied. (f) On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
5. 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 her obligations in relation to the commission.
6. EXCLUSIVITY.
(a) Unless agreed to in writing on the 'License to Use' no exclusivity is given or implied to The Client and/or The Agency. (b) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before the photoshoot commences. (c) The Photographer retains the right to use the Photographs in her portfolio. (d) Should image usage requests be received from third parties (including Editorial / Press / Media); the Photographer will endeavour to seek approval from The Client before permitting any third party publication of photographs. (e) If no response is received within 24 hours the Photographer may at her discretion grant permission for third party licensing.
7. INDEMNITY.
(a) It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works 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 copyright designs or Works of art depicted in any picture. (c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before 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, Faye Thomas their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
8. PAYMENT.
(a) Payment by the Client must be made before or on the day of commencement of work by BACS transfer or cash, or strictly within 30 days of the issue of the relevant invoice for the commissioned work. (b) Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £17 and all other costs for the recovery of debts including bank charges. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced. (c) Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
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, including changes to retouching or additional requests made after commencement of retouching work, 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. Any specific requests for the style of images or location of the shoot must be agreed prior to the session. (b) Session fees & post-work fees for retouching or editing already undertaken are non-refundable. (c) Where possible, the Client will be given the opportunity to review images on-camera during the session and approve the images before the end of the shoot. (d) In the rare instance that an Agent is not satisfied with the images (before the submission of retouching requests and prior to any use being made of the supplied images) Faye Thomas agrees to offer a complimentary re-shoot.
11. CANCELLATION & POSTPONEMENT.
(a) A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at her discretion, charge a 20% fee (£70) of cancellation or postponement if cancellations are made with less than 72 hours notice before the session is due to commence. (b) Faye Thomas also reserves the right to refuse future booking requests from the client following a late cancellation. (c) Cancellations that are made with less than 24 hours notice may be subject to a 50% cancellation fee (£175). (d) The client agrees to notify the photographer at the earliest opportunity by phone & email if there is a possibility of illness or schedule conflict, so that the Photographer has the opportunity to put another client on stand-by to take the session in the case of a late cancellation, thereby avoiding the need to charge a cancellation fee.
12. RIGHT TO A CREDIT.
(a) The Licence to Use requires that the Photographer’s name ‘Faye Thomas’ must be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts her statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. (b) Images shared on social media must be clearly credited to @fayethomasphoto.
13. SUPPLY TO THIRD PARTIES.
(a) No third party rights granted. The licence ONLY applies to the Client and usage stated on the Licence to Use. (b) Photos may not be distributed to third parties without prior written consent from the Photographer.
14. ELECTRONIC STORAGE.
(a) Save for the purposes of production for the licensed use(s) listed above, the Photographs may not be archived in any form without the written permission of the Photographer. (b) Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer. (c) Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive. (d) It is the client's responsibility to ensure that high-resolution images are downloaded and saved to secure back-ups. (e) Requests for extra retouching / re-uploading of final images from shoots older than 2 years may be subject to an additional fee.
15. APPLICABLE LAW.
(a) This agreement shall be governed by the laws of the United Kingdom & International copyright laws.
16. VARIATION.
(a) These Terms and Conditions shall not be varied except by agreement in writing. Please contact booking@fayethomas.co.uk if anything is unclear.
All photographs remain the property and copyright of Faye Thomas and are protected under United Kingdom & International copyright laws. All moral and intellectual rights are asserted under the Copyright Designs & Patents Act 1988. All rights reserved. © 2005-2021 Faye Thomas. www.fayethomas.co.uk