Commercial Photography Terms & Conditions
Below are our standard terms and conditions for the supply of our commercial photography services. Our web site privacy and cookies policy is available on our website. If you are not sure about how any aspects of these terms affect our working for you, please just ask.
We want to make it as easy as possible for you to get the images you want for the purposes you need.
A. Terms and Definitions:
- "the Photographer" means Peter Nutkins trading as Peter Nutkins Photography
- "the Client" means the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party)
- "Image" means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product, or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer.
- Reproduction includes any form of publication or copying of the whole or part of any image and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means
- Peter Nutkins Photography administers the licensing of the works of the Photographer, Peter Nutkins, and is a trading name of Nutkins Enterprises Limited, a company registered in England
- These terms and conditions represent the entirety of the agreement between Peter Nutkins Photography and the Client. Any variation is only applicable when agreed in advance and in writing
B. Copyright and Ownership of Materials:
- The entire copyright of the images is retained by the Photographer, Peter Nutkins, at all times throughout the world and is administered by Peter Nutkins Photography
- Title to all images remain the property of the Photographer
- The Photographer, as administered by Peter Nutkins Photography, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given context. No property or copyright in any image shall pass to the Client whether on its submission or on Peter Nutkins Photography's grant of reproduction rights in respect thereof
- Peter Nutkins asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988
C. Licence, Use and Reproduction:
- You may use your images in all media across all territories perpetually
- Peter Nutkins will retain the copyright of the images as per the Copyright, Designs and Patents Act 1988
D. Acceptance, Booking and Cancellation:
- The Client will be required to accept a quote and pay a retainer fee as part of the booking process
- On receipt of the signed terms and retainer fee, Peter Nutkins Photography will send an email to the Client to confirm that the booking is considered Confirmed
- Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, Peter Nutkins Photography will not accept any other work from other clients for those times and dates
- As a result, once a booking is Confirmed, if it is subsequently cancelled, 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 Peter Nutkins Photography
- In the unlikely event of personal illness or other circumstances beyond the control of Peter Nutkins, a substitute photographer of high qualifications, subject to the acceptance by the Client, may be dispatched by Peter Nutkins to fulfil the photography obligations herein contracted. In such case that the Client declines the sending of a substitute photographer, he may elect instead to terminate this agreement and receive a full refund of the amount paid for services to Peter Nutkins Photography
E. Payment Terms:
- Our payment terms are strictly net 28 days (four weeks) unless agreed in advance and in writing
- If payment is not made in accordance with (a) above then Peter Nutkins Photography may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998
- A fee of £25 (excluding VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices
- The Client’s right to reproduce an image arises only when Peter Nutkins Photography's 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 a breach of this Agreement entitling Peter Nutkins Photography to rescind the Agreement and rendering the Client liable for the payment of damages
- 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 28 days from the issue date, and that Peter Nutkins Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts
- Prices stated are in Pounds Sterling (£) and include VAT (sales tax)
- Peter Nutkins Photography will edit every take and deliver what it considers to be the best of every situation covered
- Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing
G. Liability and Indemnity:
- While Peter Nutkins Photography takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption
- The Client agrees to indemnify Peter Nutkins 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 Peter Nutkins Photography
- 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 Peter Nutkins Photography 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 picture. In the event that the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify Peter Nutkins Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained
H. Applicable Law:
- This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England
- No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties
- Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts
I. Client Confidentiality:
- The Photographer, and Peter Nutkins Photography, will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer or Peter Nutkins Photography to carry out their obligations in relation to the commission
- Images are retained and archived by Peter Nutkins Photography for 5 years
- An extension to the image archive can be purchased for an additional fee
- Restoration of images from the archive is available, a fee is applied for requests after 3 months from initial delivery
K. Health & Safety
- Photography sessions may involve some physical activity, undertaken at your own risk. If you have any aversion to flash photography, or any history of medical problems, such as skin allergy or epilepsy, that may affect the success of the photoshoot at any point; it is your responsibility to let the Photographer know in advance.
- Whilst Peter Nutkins Photography will always ensure a safe environment within the photoshoot, it is the parent’s/guardian’s responsibility to ensure that all children are supervised, and remain safe at all times to avoid danger caused by the misuse, handling or interference of equipment or surroundings.
- Our terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.
- Payment by BACS is preferred and bank details will be provided on our invoice.
- This document details the information that you need to be clear about the process, the service provided, your responsibilities, and how you are protected.
- We try to always be as clear and transparent as possible, but if you do have any questions, please do not hesitate to ask.