Although we all hate the small print, terms and conditions of sale are an important part of any business.
In 99.9% of jobs carried out by us, we do not need terms and conditions but from time to time, as I’m sure the reader will know, legally binding guidlines are required to protect all parties. If there is anything the reader wishes to discuss, please contact Richard and he will always do his best to clarify and help with any questions the reader may have.
TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PICTURES FROM Richard Briggs Photography Trading as EI 2015 Limited.
1. Terms and Definitions:
(a) picture includes a photograph, images, 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) The Photographer (otherwise known as Richard Briggs) is the Author of the photograph or the Photographer.
(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);
(e) Richard Briggs Photography trading as EI 2015 Limited administers the licensing of the works of the Photographer, Richard Briggs and is a trading name of EI 2015 Limited, a company registered in New Zealand.
(f) These terms and conditions represent the entirety of the agreement between Richard Briggs Photography and the Client. Any variation is only applicable when agreed in advance and in writing;
2. Copyright and Ownership of Materials:
(a) The entire copyright in the pictures is retained by the Photographer, Richard Briggs at all times throughout the world and is administered by Richard Briggs Photography trading as EI 2015 Limited.
(b) Title to all photographs remains the property of the Photographer;
(c) Images will be licensed for use for a period of 50 years.
(d) The Photographer, as administered by Richard Briggs 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 Richard Briggs Photography’s grant of reproduction rights in respect thereof;
(e) Richard Briggs asserts both his moral right to be identified as the author of his work and the right to a credit is asserted.
3. Use and Reproduction:
(a) The License to use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received by Richard Briggs Photography, trading as EI 2015 Limited.
(b) Permission in writing or verbally may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;
(c) Printing reproduction rights of fine art works (if and when granted) are strictly limited to the use and period of time specified on Richard Briggs Photography’s invoice where stated. An agreement must be reached with Richard Briggs Photography before the pictures are used for a different purpose than agreed or after the licence to use has expired;
(d) Printing reproduction rights for fine art works are not issued exclusively to the client except when specified on the invoice;
(e) 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;
(f) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied;
(g) Richard Briggs Photography reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client;
(h) In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Richard Briggs Photography free of charge within two weeks. In other media, evidence of use must be made available if requested;
(i) 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 appointedRichard Briggs 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.
4. Definitions of Reproduction Rights:
The following terms are used when describing the reproduction rights granted by Richard Briggs Photography as the Photographer to the Client:
(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site;
(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;
(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice;
(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
5. Booking and Cancellation:
(a) Once the client has made a booking for a specific time and date and this date/time has been confirmed, Richard Briggs Photography will not accept any other work from other clients for those times and dates;
(b) Any non urgent or weather related cancellation of a shoot by a client within 24 hours of a confirmed shoot time / date will be subject to a cancellation fee of $50.00 plus GST.
6. Payment Terms:
(a) Our payment terms for commercial photography are strictly within 28 days unless agreed in advance in writing. For non commercial photography our terms are strictly 7 days (this policy is valid from 18/9/2015).
(b) If payment is not made in accordance with (a) above then Richard Briggs Photography may rescind any agreement and recover damages, or, at its option, may exercise its statutory right to charge interest.
(c) A fee of $20 (excluding GST) 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;
(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 28 days from the issue date, and that Richard Briggs Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts;
7. Applicable Law:
(a) This Agreement shall be subject to and constructed according to New Zealand Law and the parties agree to accept the exclusive direction of the courts of New Zealand.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
(c) 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.
8. Client Confidentiality:
The Photographer and Richard Briggs Photography trading as EI 2015 Limited 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 Richard Briggs Photography to carry out their obligations in relation to the commission.