Terms & Conditions - ShowCapture Photography

1. DEFINITIONS

(a) The “Photographers” are Paul Coghlin and Karina Coghlin, working as ShowCapture Photography

(b) For the purpose of this agreement "Client" shall where the context so admits, include their respective assignees, sub-licensees and successors in title.

(c) Photographs" means all photographic material furnished by Paul Coghlin and Karina Coghlin, whether digital image files (eg JPEG, TIFF etc) transparencies, negatives, prints or any other type of physical or electronic material.

 

2. COPYRIGHT

(a) The entire copyright in the Photographs is retained by either Paul Coghlin or Karina Coghlin at all times throughout the world.

 

3. OWNERSHIP OF MATERIALS

(a) Title to all Photographs remains the property of the Photographers Paul Coghlin or Karina Coghlin.

 

(b) When the Licence to Use the material has expired, any physical Photographs must be returned to the Photographer/s in good condition within 30 days and a written undertaking given that all digital image files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. The Photographers reserve the right to make an additional charge for continued use after this period.

 

4. USE

(a) The Licence to Use comes into effect from the date of payment of the relevant invoice(s).

 

(b) No use may be made of the Photographs before payment in full of the relevant invoice(s) has been received by ShowCapture Photography, without the Photographer's express permission.

 

(c) Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date, or if the Client is put into receivership or liquidation.

 

(d) The Licence only applies to the Client as stated in the agreement submitted by ShowCapture Photography and its benefit shall not be assigned to any third party without the Photographer's permission. Accordingly, even where any form of 'all media' Licence is granted, the photographer's permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sub-licensing through a photo library.

 

(e) Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use.

 

(f) Reproduction rights are not automatically issued exclusively to the Client except when specified in the agreement.

 

(g) Reproduction rights granted are specifically for the Client and may not be assigned to a third party.

 

(h) Any photographs submitted to the Client may not be loaned or transferred to a third party except for the purpose of the exercise by the Client of the agreed reproduction rights.

 

(i) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright is implied.

 

(j) ShowCapture Photography reserves the right to refuse to supply or grant a reproduction licence to a third party, when requested to do so by the Client.

 

(k) Where the Photographers' images are used in a printed publication, one copy of the publication will be supplied to ShowCapture Photography for their records, free of charge. Where other media are used, evidence of use must be made available on request.

 

(l) Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.

 

5. EXCLUSIVITY

(a) The client will be authorised to publish the Photographs to the exclusion of all other persons. However, the Photographer and ShowCapture Photography retain the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use, the Photographer and ShowCapture Photography shall be entitled to use the Photographs for any purposes.

 

6. CLIENT CONFIDENTIALITY

(a) The photographers will keep confidential and will not disclose to any third parties or make use of material or 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) The client will be responsible for obtaining all necessary General Data Protection Regulation (GDPR) compliant rights, permissions and model releases or consents which may be required for reproduction. The client accepts that the Photographers at ShowCapture Photography give no guarantee that any such rights, permissions or model releases have been obtained, either in the use of names, people, trademarks, registered or copyright works or other intellectual property in the photograph.

 

(b) The client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

 

(c) While the photographers at ShowCapture Photography take all reasonable care in the performance of this agreement generally, they shall not be held liable for any loss or damage suffered by the Client by any third party arising from the use of any picture or its caption.

 

8. PAYMENT

(a) Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days, ShowCapture Photography reserves the right to charge 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.

 

(b) ShowCapture Photography accepts payment by BACS and bank details will be included on the invoice.

 

9. EXPENSES

(a) Where extra expense or time is incurred by ShowCapture Photography as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer's normal rate to ShowCapture Photography in addition to the expenses 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 & POSTPONEMENT

(a) A booking is considered firm as from the date of confirmation and accordingly ShowCapture Photogrpahy may charge a fee for cancellation or postponement.

 

12. RIGHT TO A CREDIT

(a) If the box on the estimate and the licence marked "Right to a Credit" has been ticked, the Photographer's name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s).

 

(b) By ticking the box the Photographer also asserts his/her statutory 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.

 

13. ELECTRONIC STORAGE

(a) Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.

14. APPLICABLE LAW

(a) This agreement shall be governed by the laws of England and Wales.

 

15. VARIATION

(a) These Terms and Conditions shall not be varied except by agreement in writing.

Last updated: 5th May 2018