Terms & Conditions
TERMS AND CONDITIONS - MATTHEW HORWOOD PHOTOGRAPHY 2018
(a) image includes a digital image, digital scan, photograph.
(b) reproduction includes any form of publication or copying of the whole or part of any image.
(c) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
(a) Copyright in the images is retained by the photographer Matthew Horwood.
(b) Reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(a) The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the images before payment in full of the relevant invoice(s) without the express permission of Matthew Horwood. 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.
(b) Reproduction rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
(c) Matthew Horwood reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(e) Unless otherwise agreed in writing, all further Licences in respect of the images will be subject to these Terms & Conditions.
(f) Meta Data embedded within images must not be removed.
4. Client Confidentiality
(a) Matthew Horwood will keep confidential and will not disclose to any third parties or make use of material or information communicated in confidence for the purposes of the photography, save as may be reasonably necessary to enable Matthew Horwood to carry out his obligations in relation to the commission.
(a) While Matthew Horwood takes all reasonable care in the performance of this agreement generally, he shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
(b) The Client agrees to indemnify Matthew Horwood in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by Matthew Horwood.
(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 Matthew Horwood gives no warranty or undertaking that any such rights, model releases or consents have 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 image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify Matthew Horwood against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
Payment will be expected for commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days, Matthew Horwood 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. A late payment fee may also be charged in accordance with Section 5A of the Late Payment of Commercial Debt (Interest) Act 1998.
7. Cancellation & Postponement
(a) Once the Client has made a booking for a specific time and date, Matthew Horwood will not accept any other work from other clients for those times and dates.
(b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within one weeks of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Matthew Horwood.
10. Right to a credit
(a) Matthew Horwood asserts his statutory right to be identified as the author of the work as set out in Sections 77 to 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
(b) Unless otherwise agreed in writing if any image reproduced by the Client omits the copyright notice or credit line specified by Matthew Horwood any fee payable by the Client shall be subject to an increase specified by Matthew Horwood of not less than 100%.
(a) Every effort will be made to archive the images indefinitely by Matthew Horwood. However, Matthew Horwood makes no warranty about the nature of its archive past the date of first delivery of final images. Clients should treat the delivered files carefully, and we recommend that you keep a safe copy for the duration of the licence.
12. Applicable Law
This Agreement shall be governed by the laws of England & Wales.
These Terms & Conditions shall not be varied except by agreement in writing.