Terms and Conditions

Please read our Commercial Terms and Conditions below.

1.0 DEFINITIONS

1.1 For the purpose of this agreement “the Agency” and “the Advertiser” shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to the client. “Photographs” means all photographic material furnished by Simon Burt, whether transparencies, negatives, prints or any other type of physical or electronic material.

2.0 COPYRIGHT

2.1 The entire copyright in the Photographs is retained by Simon Burt at all times throughout the world.

3.1 OWNERSHIP OF MATERIALS

3.1 Title to all photographs remains the property of Simon Burt. When the Licence to Use the material has expired all usages must be stopped and digital files deleted.

4.0 USE

4.1 The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without Simon Burt’s express permission.

4.2 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 Agency is put into receivership or liquidation.

4.3 The Licence only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without Simon Burt’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, Simon Burt’s permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sub licensing through a photo library.

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

5.0 EXCLUSIVITY

5.1 The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including Simon Burt. However, Simon Burt retains 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.

5.2 After the one year exclusivity period indicated in ‘The Licence to Use’ Simon Burt shall be entitled to use the Photographs for any purposes.

6.0 CLIENT CONFIDENTIALITY

6.1 Simon Burt will keep confidential and will not disclose to any third parties or make use of material or information communicated to him or his staff in confidence for the purposes of the photography, save as may be reasonably necessary to enable Simon Burt to carry out his obligations in relation to the commission.

7.0 INDEMNITY

7.1 Simon Burt agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by Simon Burt to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property.

7.2 Simon Burt shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify Simon Burt against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

7.3 The Client should insure all properties entrusted to Simon Burt Photography against all risk.

8.0 PAYMENT

8.1 Payment by the Agency will be expected for the commissioned work within 14 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 14 days Simon Burt reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 at 2% over bank rates from the date payment was due until the date payment is made. Failure to pay revokes any permission or agreed licence, see 4.0 above.

9.0 EXPENSES

9.1 Where extra expenses or time are incurred by Simon Burt as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at Simon Burt’s normal rate to Simon Burt in addition to the expenses having been agreed or estimated.

10.0 REJECTION

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

11.0 CANCELLATION & POSTPONEMENT

11.1 A booking is considered firm as from the date of confirmation and accordingly Simon Burt will, at his discretion; charge a fee of 20% of the total fee for cancellations made between 10-21 days prior to the booking, or 50% for cancellations made less than 10 days prior to the booking.

12.0 RIGHT TO A CREDIT
12.1 Where practicable it is requested that a credit to Simon Burt is printed on or visible in reasonable proximity to all published reproductions of the Photograph(s).

13.0 ELECTRONIC STORAGE

13.1 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 Simon Burt.

13.2 Manipulation of the image or use of only a portion of the image may only take place with the permission of Simon Burt.

14.0 DIGITAL ARCHIVAL

14.1 Simon Burt accepts no responsibility whatsoever for long term archival of digital images unless otherwise agreed in writing. However images will be retained for as long as possible while they remain retrievable.

15. APPLICABLE LAW

This agreement shall be governed by the laws of England & Wales

16. VARIATION

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

Terms and Conditions

Please read our Commercial Terms and Conditions below.

1.0 DEFINITIONS

1.1 For the purpose of this agreement “the Agency” and “the Advertiser” shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to the client. “Photographs” means all photographic material furnished by Simon Burt, whether transparencies, negatives, prints or any other type of physical or electronic material.

2.0 COPYRIGHT

2.1 The entire copyright in the Photographs is retained by Simon Burt at all times throughout the world.

3.1 OWNERSHIP OF MATERIALS

3.1 Title to all photographs remains the property of Simon Burt. When the Licence to Use the material has expired all usages must be stopped and digital files deleted.

4.0 USE

4.1 The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without Simon Burt’s express permission.

4.2 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 Agency is put into receivership or liquidation.

4.3 The Licence only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without Simon Burt’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, Simon Burt’s permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sub licensing through a photo library.

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

5.0 EXCLUSIVITY

5.1 The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including Simon Burt. However, Simon Burt retains 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.

5.2 After the one year exclusivity period indicated in ‘The Licence to Use’ Simon Burt shall be entitled to use the Photographs for any purposes.

6.0 CLIENT CONFIDENTIALITY

6.1 Simon Burt will keep confidential and will not disclose to any third parties or make use of material or information communicated to him or his staff in confidence for the purposes of the photography, save as may be reasonably necessary to enable Simon Burt to carry out his obligations in relation to the commission.

7.0 INDEMNITY

7.1 Simon Burt agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by Simon Burt to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property.

7.2 Simon Burt shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify Simon Burt against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

7.3 The Client should insure all properties entrusted to Simon Burt Photography against all risk.

8.0 PAYMENT

8.1 Payment by the Agency will be expected for the commissioned work within 14 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 14 days Simon Burt reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 at 2% over bank rates from the date payment was due until the date payment is made. Failure to pay revokes any permission or agreed licence, see 4.0 above.

9.0 EXPENSES

9.1 Where extra expenses or time are incurred by Simon Burt as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at Simon Burt’s normal rate to Simon Burt in addition to the expenses having been agreed or estimated.

10.0 REJECTION

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

11.0 CANCELLATION & POSTPONEMENT

11.1 A booking is considered firm as from the date of confirmation and accordingly Simon Burt will, at his discretion; charge a fee of 20% of the total fee for cancellations made between 10-21 days prior to the booking, or 50% for cancellations made less than 10 days prior to the booking.

12.0 RIGHT TO A CREDIT
12.1 Where practicable it is requested that a credit to Simon Burt is printed on or visible in reasonable proximity to all published reproductions of the Photograph(s).

13.0 ELECTRONIC STORAGE

13.1 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 Simon Burt.

13.2 Manipulation of the image or use of only a portion of the image may only take place with the permission of Simon Burt.

14.0 DIGITAL ARCHIVAL

14.1 Simon Burt accepts no responsibility whatsoever for long term archival of digital images unless otherwise agreed in writing. However images will be retained for as long as possible while they remain retrievable.

15. APPLICABLE LAW

This agreement shall be governed by the laws of England & Wales

16. VARIATION

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

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