Photography Terms and Conditions
TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PICTURES FROM Roger Monahan Photography
1. Terms and Definitions
|includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item that may be offered for reproduction
|includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item that may be offered for the purposes of reproduction
|the Photographer (otherwise known as Roger Monahan) is the Author of the photograph or the Photographer
|The Client is the person or organization to whom the invoice is addressed (whether or not the Client is acting for a third party);
Roger Monahan Photography administers the licensing of the works of the Photographer, Roger Monahan.
These terms and conditions represent the entirety of the agreement between Roger Monahan Photography and the Client. Any variation is only applicable when agreed in advance and in writing;
2. Copyright and Ownership of Materials
(a) The entire copyright in the pictures is retained by the Photographer, Roger Monahan at all times throughout the world and is administered by Roger Monahan Photography
(b) Title to all photographs remains the property of the Photographer
(c) Images will be licensed for use for a specified period. When the License to Use has expired, the images should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of the expiration of the License to Use. The Photographer reserves the right to make an additional charge for continued use after this period
(d) The Photographer, as administered by Roger Monahan Photography, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or Roger Monahan Photography’s grant of reproduction rights in respect thereof
(e)Roger Monahan asserts both his moral right to be identified as the author of his work and the right to a credit is asserted under any Copyright or Patent Act in effect in any jurisdiction
(f) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Roger Monahan Photography any fee payable by the Client shall be subject to an increase specified by Roger Monahan Photography, and in any event an increase of not less than 25%
3. Use and Reproduction
(a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received. Roger Monahan Photography reserves the right to make a charge of 50% of the original invoice (excluding expenses) when images are used before full payment has been received
(b) Permission in writing may be granted for image use before payment, however, this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice
(c) Reproduction rights (if and when granted) are strictly limited to the use and period specified on Roger Monahan Photography’s invoice. An agreement must be reached with Roger Monahan Photography before the pictures are used for a different purpose or after the license to use has expired
Our policy on unauthorized use of our material is simple: we assume that you are willing and able to pay the statutory $5,000 per instance, and we will pursue you for payment plus costs of collection.
(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice
(e) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the exercise by the Client of such reproduction rights
(f) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied
(g) Roger Monahan Photography reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client
(h) In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Roger Monahan Photography free of charge within two weeks. In other media, evidence of use must be made available if requested
(i) 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 is appointed, Roger Monahan Photography may at any time thereafter inspect any records, accounts, and books relating to the reproduction of its pictures to ensure that the pictures are being used only following the reproduction rights granted to the Client.
4. Definitions of Reproduction Rights
The following terms are used when describing the reproduction rights granted by Roger Monahan Photography and the Photographer to the Client. In each case, the word ‘only’ is implied, meaning the grant of one type of right does NOT imply any other grant of rights.
|The right to use the pictures within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site
|PR and Press distribution
|The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication
|The right to use the pictures once for the purpose as described on the invoice. If the specified use is for business purposes, this is called ‘Commercial Use’.
|One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only
5. Booking and Cancellation
(a) The Client will be required to complete a Booking Form unless the booking is by phone, text, or email. On receipt of the booking, Roger Monahan Photography will send an email as confirmation. The booking will then be considered Confirmed.
(b) Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, Roger Monahan Photography will not accept any other work from other clients for those times and dates
(c) As a result, once a booking is Confirmed, if it is subsequently canceled, a cancellation fee will be charged to the client according to the following schedule: (i) When a client cancels a confirmed booking within 10 business days of any confirmed date a fee of 30% of the booked time rate will be charged; (ii) When a client cancels photography within less than 10 business days of any confirmed date, a fee of 50% of the booked time rate will be charged; (iii) When a client cancels photography within less than 3 business days of any confirmed date, a fee of 75% of the booked time rate will be charged; (iv) In addition to this cancellation fee, the client will be charged for any expenses already incurred by Roger Monahan Photography
(d) If Roger Monahan Photography – with the agreement of the client – cancels a shoot due to inclement weather/lighting conditions or any other reason beyond Roger Monahan Photography’ control and the client is unable or unwilling to arrange or agree a suitable new date within either a reasonable and mutually agreed timescale OR 1 calendar month, then the client will be liable to pay 50% of the booked time rate plus any expenses already incurred by Roger Monahan Photography.
6. Payment Terms
(a) Our payment terms are strictly net 14 days (two weeks) unless agreed in advance and in writing
(b) If payment is not made per (a) above then Roger Monahan Photography may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest
(c) A fee of $25 (excluding HST) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence, or phone call involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices
(d) The Client’s right to reproduce a picture arises only when Roger Monahan Photography’s invoice relating to the grant of such right is fully paid (including charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Roger Monahan Photography to rescind the Agreement and rendering the Client liable for the payment of damages
(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 14 days from the issue date, and that Roger Monahan Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts
(a) Roger Monahan Photography will edit every take and deliver what it considers to be the best of every situation covered
(b) The Client agrees to indemnify Roger Monahan Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Roger Monahan Photography
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Roger Monahan Photography gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether concerning the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture. If the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify Roger Monahan Photography against any loss or damage, proceedings, or costs where such rights, releases or consents have not been obtained
9. Applicable Law
(a) This Agreement shall be subject to and constructed according to Common Law and the parties agree to accept the exclusive direction of the Courts of Ontario, Canada
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties
10. Client Confidentiality
The Photographer and Roger Monahan Photography will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the photography, save as may be reasonably necessary to enable the Photographer or Roger Monahan Photography to carry out their obligations concerning the commission.