TERMS AND CONDITIONS FOR COMMERCIAL PHOTOGRAPHY SERVICES BY STEVEN DANCE PHOTOGRAPHY

Thank you for taking the time to read these terms and conditions. If there is anything you need clarifying or you feel you need specific clauses to meet the requirements of your commission please don’t hesitate to get in touch.

Please note that payment is strictly within 10 days or on first use of the images. The License to Use does not formally come into force until payment is received in full.

DEFINITIONS.(a) For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include 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 Steven Dance Photography. And shall where the context so admits include their respective assignees,sub-licensees and successor in title. (c) “Photographs” and“Works” means all photographic material furnished by the Photographer (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 before hand by the Photographer. (f) Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept noliability 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

COPYRIGHT(a) The Photographer retains the entire copyright in the images at all times, throughout the world unless specific agreements for copyright purchase by the client are agreed in writing. (b) Where reproduction of photographs 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.

OWNERSHIPOF MATERIALS (a) Title to all Photographs remains the property of the Photographer. (b) When the licence to Use the material has expired any archived digital images must be destroyed by the client.

USE(a) The License to Use comes into effect from the date of payment ofthe 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 made 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.

EXCLUSIVITY(a) The photographer's standard Licence to Use gives exclusivity on the images for 1 year to the Client. A longer exclusivity period canbe negotiated if required (b) The Photographer retains the right to use the photographs for the purpose of promotion and marketing of his business under all licensing situations unless special circumstances apply.

CLIENT CONFIDENTIALITY The photographer 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 obligations in relation to the commission.

PRIVACY The photographer will only collect and otherwise access information you voluntarily provide via email or through other direct contact. Steven Dance Photography will not sell or otherwise distribute this information to any other individual or entity, except its duly authorised agents, contractors, and other third parties that assist it in its business operations. Please refer to the full privacy policy linked through the website for full details.

INDEMNITY.(a) It is the client who must satisfy himself/herself 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, Steven Dance, their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.

PAYMENT(a) Payment by the Client will be on first use of the images or strictly within 10 days of the issue of the relevant invoice for the commissioned work unless alternative terms are agreed in writing. (b) If payment is not made in accordance with (a) above then Steven Dance Photography may rescind any Agreement and recover damages, or, at it's option, may exercise its statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998. © (c) A fee of £20 (excluding VAT) will be made for each account reminder,duplicate invoice, or any other paperwork, correspondence or phonecalls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuingoverdue invoices; (d) The Client's right to reproduce a picture arises only when Steven Dance Photography invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and abreach of this Agreement entitling Steven Dance Photography to rescind the Agreement and rendering the Client liable for the payment of damages.

EXPENSES(a) Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, 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.

PROCESSING AND RETOUCH EXPENSES Shoot fees includes standard post processing which equates to basic editing steps e.g. colour balancing, contrast boosting, exposure amends to match finished images in with brand identity. Specialist photoshop work including cosmetic retouching is charged at £80 per hour. Some packages may include some post-processing and retouching services and this will be highlighted on the quote where relevant.

CANCELLATION & POSTPONEMENT A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement within 48 hours of the shoot date. The Photographer will always try and accommodate an alternative date if a shoot needs to be postponed due to ill health or emergency.

RIGHT TO A CREDIT The Licence to Use requires that the Photographer’s name ‘Steven Dance’ will be printed on or in reasonable proximityto all published reproductions of the Photograph(s) e.g. press feature, online editorial feature. The client is not required to include a credit next to images used on their own website or marketing literature. Crediting the photographer on social media platforms alongside images is not strictly required but is always appreciated. The Photographer also asserts his 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.

REJECTION(a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

STOCKPHOTOGRAPHY Images viewed through my website and social media profiles may be available to licence depending on any exclusivity and confidentiality clauses in place. Image licences start at £300 for a single image with advertising rights starting at £600.

SUPPLYTO THIRD PARTIES The licence only applies to the Client and productstated on the Licence to Use

MANIPULATION OF IMAGES Manipulation of the image (including use of filter treatments) or use of a cropped portion of the image may only take place with the written permission of the Photographer. It is requested that images are shared on Instagram without additional filters unless they are key to brand consistency. The photographer is always happy to liaise with any other creative professionals involved in the branding project to ensure best use of the images is made.

IMAGESTORAGE 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.

APPLICABLELAW This agreement shall be governed by the Laws of England & Wales.

VARIATION These Terms and Conditions shall not be varied except by agreement in writing