Terms and conditions
1. These terms & conditions shall apply to the contract to the exclusion of any other terms & conditions put forward by the client.
2. Ashley Pickering (The photographer) retains full copyright in all images, at all times, throughout the world, in accordance with the Copyright, Designs and Patents Act 1988. The photographer asserts his right to be identified as the author of all images, by the words: ‘Photographs by Ashley Pickering Photography’
3. The photographer 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 work.
4. Unless specified on a separate licence: (a) Clients are licensed to use commissioned photographs for any editorial or commercial purpose, on behalf of the original company who commissioned the photography; (b) For editorial use a licence is granted for the first use of any commissioned photographs and further use may be subject to an additional usage fee; (c) for commercial use a licence is granted in perpetuity and no further usage fee will be payable (d) Any use of the photographs by companies other than the original commissioning company will require a reproduction fee to be paid to the photographer; (e) Under no circumstances can the photographs be licenced, sold or rented by the client to any thrid party for commercial gain.
5. The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the photographer to carry out his obligations in relation to the commission.
6. It is the client’s responsibility to ensure that all the necessary clearances have been obtained to allow the photographs to be taken without hindrance or infringements of trademarks or copyrights. It is the client’s responsibility to gain written parental permission when persons under the age of sixteen years are to be photographed. Permission is also necessary to allow identification and publication of photographs of children. The photographer accepts no liability for non-supply of pictures if parental permission has not been granted.
7. Payment by the client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days the photographer reserves the right to charge interest and compensation at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998.
8. Where extra expenses or time are incurred by the photographer as a result of alterations to the original brief by the client, the client shall be liable to pay such extra expenses or fees at the photographer’s normal rate in addition to the expenses agreed or estimated.
9. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
10. A booking is considered firm as from the date of confirmation and accordingly the photographer will, at his discretion, charge a fee for cancellation or postponement: 5 working days 25% of fee, 3-4 working days 50% fee, 48 hours 75% fee, 24 hours or less, 100% fee.
11. This agreement shall be governed by the laws of England & Wales
12. These Terms and Conditions shall not be varied except by agreement in writing.