1. In this Agreement the terms
(a) picture includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction.
(b) reproduction includes any form of publication or copying of the whole or part of any picture 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
(c) David Greensmith trades under the name DAVID GREENSMITH PHOTOGRAPHY and/or David Greensmith Photography.
(d) 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) The entire copyright in the pictures is retained by David Greensmith at all times throughout the world.
(b) DAVID GREENSMITH PHOTOGRAPHY supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on DAVID GREENSMITH PHOTOGRAPHY’s grant of reproduction rights in respect thereof.
(c) David Greensmith asserts both her moral right to be identified as the author of her work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
(d) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by DAVID GREENSMITH PHOTOGRAPHY any fee payable by the Client shall be subject to an increase specified by DAVID GREENSMITH PHOTOGRAPHY, and in any event an increase of not less than 25%
(a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on DAVID GREENSMITH PHOTOGRAPHY’s invoice. An agreement must be reached with DAVID GREENSMITH PHOTOGRAPHY before the pictures are used for a different purpose or after the license to use has expired.
(b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture 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
(d) Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied.
(e) DAVID GREENSMITH PHOTOGRAPHY reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client.
(a) Once the Client has made a booking for a specific time and date, DAVID GREENSMITH PHOTOGRAPHY 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 DAVID GREENSMITH PHOTOGRAPHY.
(a) Until DAVID GREENSMITH PHOTOGRAPHY has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby DAVID GREENSMITH PHOTOGRAPHY is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights DAVID GREENSMITH PHOTOGRAPHY may in its discretion cancel subject to the Client paying a cancellation fee.
(b) The Client's right to reproduce a picture arises only when David Greensmith’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 David Greensmith to rescind the Agreement and rendering the Client liable for the payment of damages.
(c) If payment is not made in accordance with (a) above then DAVID GREENSMITH PHOTOGRAPHY may rescind this Agreement and recover damages, or, at exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
(d) 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 30 days from the issue date, and that DAVID GREENSMITH PHOTOGRAPHY may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
(e) A fee of £15 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
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 is appointed, DAVID GREENSMITH PHOTOGRAPHY may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
(a) DAVID GREENSMITH PHOTOGRAPHY will edit every take and deliver what it considers to be the best of every situation covered. As a result, contact sheets (or their digital equivalent) will only be supplied to the client in exceptional circumstances.
(b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of DAVID GREENSMITH PHOTOGRAPHY.
(c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to DAVID GREENSMITH PHOTOGRAPHY free of charge within two weeks. In other media, evidence of use must be made available if requested.
(a) While DAVID GREENSMITH 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 DAVID GREENSMITH 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 DAVID GREENSMITH PHOTOGRAPHY.
(a) 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.
(b) DAVID GREENSMITH PHOTOGRAPHY retains the right to change these terms and conditions when deemed necessary. The updated version is available from http://www.davidgreensmith.co.uk/terms-conditions/, and the Client should make sure he/she obtains an updated version for their information at all times.
Payment should normally be made by cheque made payable to "David Greensmith Photography " or by BACS. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.
Our terms are strictly net 30 days unless agreed in advance and in writing.