Ts & Cs
1.Terms and definitions
The “photographer” or “we” means Elliott White trading as Elliott White photography. “The clients” means someone who has employed the services of Elliott White Photography.
2. Copyright and ownership of materials
The copyright of the pictures is owned by the photographer.
Photographers licence their work, they don’t sell it outright, similar to when you buy music – you buy the right to play the music but you don’t own it outright.
The photographer should be identified and credited as the owner in accordance with Copyright, Designs and Patents Act 1988.
The photographer reserves the right to use images for marketing and promotional purposes otherwise agreed. This means I may use the images we shoot on my website, social media or other on or offline portfolios.
A licence to use will be granted to the client and will come into effect once payment has been made, unless a prior agreement has been made between the photographer and the client. This will be revoked if the payment has not been made by the agreed date.
It may be possible for you to purchase the copyright of the photos you commissioned for an extra fee. This is called assignation of copyright and transfers the title/ownership to you in full.
3.Use and reproduction
A licence to use will be granted to the client and will come into effect once payment has been made, unless a prior agreement has been made between the photographer and the client.
This will be revoked if the payment has not been made by the agreed date.
Reproduction rights are granted to the client only and may not be transfered or loaned from the client to a third party.
Unless otherwise stated, all images are to be used only by the commissioner in their own marketing materials (web, press, brochures and other printed materials) to promote their business activities. No images are to be sold on or passed to any commercially interested third parties (suppliers/homeowners). Unless stated, the copyrights of all images belong to the creator of those images Elliott White.
4.Booking and cancellation
Confirmation of booking (either verbal or written) confirms the client’s acceptance of these terms and conditions.
Once the booking has been confirmed the photographer will not accept any other work from other clients for that date or time.
If the client then cancels or postpones, the photographer may charge the client a cancellation fee.
If the booking is cancelled within 7 days of the confirmed date a 50% fee will be charged.
If the booking is cancelled within 2 days of the confirmed date a 100% fee will be charged.
5. Liability and indemnity
The photographer will not be liable for any loss or damage suffered by the client or by any third party from use of reproduction of any of the images.
It is up to the client to ensure that all the necessary rights, model releases, clearances and consents are in place.
The client shall indemnify the photographer against all expenses, damages, claims and legal costs that may arise. 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.
6. Client confidentiality
We make commercially reasonable effort to ensure the security of your personal information on our system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot warrant the security of any information you transmit to us..
7. Making payment
The invoice payment due date will be clearly displayed on the invoice. Please pay on time. For late payments, we reserve the right to charge interest as per the
late payments of commercial debts (interest) act of 1998 will be enforced.
Payment by BACS is preferred and you can find bank details on the invoice.