TERMS AND CONDITIONS

1. DEFINITIONS 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) Date for Return is the date by which the pictures must be returned as specified on the delivery note. (d) The Client is the person or organization to whom the invoice is addressed (whether or not the Client is acting for a third party).
2. COPYRIGHT
The entire copyright in the Photographs is retained by East Photography at all times throughout the world.
3. OWNERSHIP OF MATERIALS.
Title to all Photographs remains the property of East Photography. When the Licence to Use the material has expired the Photographs must be returned to East Photography in good condition within 30 days.
4. USE
The Licence to Use comes into effect from the date of payment of the relevant Invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without the express permission of East Photography. 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 . Where use is restricted in the Agreement, permission to use the Photographs for other purpose will normally be granted upon payment of a further fee, to be mutually agreed.
Note: An agreement must be reached with the Photographer before the Photographs may be used for other purposes.
5. CLIENT CONFIDENTIALITY
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/her obligations in relation to the commission .
6. INDEMNITY
.The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify East Photography against all expenses , damages, claims and legal action arising out of any failure to obtain such clearances.
7. PAYMENT
Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. Overdue accounts will be subject to statutory Interest at the rate set by The Treasury (currently 8% over Bank of England base rate).
8. EXPENSES
Where extra expenses or time are incurred by East Photography as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at East Photography's normal rate to East Photography in addition to any other expenses agreed or estimated.
9. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
10. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
11. RIGHT TO A CREDIT
If the box on the estimate and the licence marked 'Right to a Credit' has been ticked the Photographer's name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf the Photographer also asserts his/her statutory right to be identified in the circumstances set out in section 77-79 of the Copyright Designs and Patents Act 1988 or any amendment or re-enactment thereof.
12. SUPPLY TO THIRD PARTIES.
The licence only applies to the advertiser and product as stated on the front of the form.
13. ELECTRONIC STORAGE
Save for the purposes of production for the licensed use(s) the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
14. APPLICABLE LAW
This agreement shall be governed by the laws of England and Wales
15. VARIATIONS
These Terms and Conditions shall not be varied except by agreement in writing.