Our Standard Terms and Conditions for commercial assignments.

[1] DEFINITIONS
In cases where the Photographer's client is not a direct client (e.g. an agency), all references in this agreement to “Client” shall be interpreted as references to the agency. 

[2] COPYRIGHT 
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.

[3] LICENCE TO USE AND EXCLUSIONS
The Licence to use images only applies to the Client(s) as agreed at time of order: its benefit shall not be assigned to any third party without the Photographer's permission/ prior agreement. 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 Photographer's express permission.

[4] STORAGE OF IMAGES
Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client via disc or ftp download link.

[5] CLIENT'S REPRESENTATIVE TO ATTEND
Client is responsible for sending an authorised representative to the assignment. If no representative is present, Client is obligated to accept Photographer's judgment as to the acceptability of the Images. Images may not be rejected on the basis of style or composition.

[6] PAYMENT
Client shall make payment within 30 days of invoice. Late payments will be billed a 12.00/month handling fee and 1.5%/month interest. 
[7] RELEASES/ CLEARANCE
The Client shall be responsible for obtaining any required clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. Unless delivered to Client by Photographer, no model or property release exists, and it is Client's responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Photographer. 
[8] CANCELLATION/ POSTPONEMENT
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.
Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the commission, plus 50 percent of Photographer's fee; however, if notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100 percent fee.
Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the commission occurs after photographer has departed for location (excluding bad weather: see [9]) and 50 percent fee if postponement occurs less than two (2) business days before departure to location.
[9] BAD WEATHER 
Bad weather reshoot terms may be organised with the photographer in advance.

[10] RETOUCHING
Reproduction files include basic clean-up (color correction, spotting, simple blemishes removed) in the file charge. Any additional retouching requested by the Client will be billed at rate quoted.

[11] EXTENSIONS TO ESTIMATES
Where extra expenses or time are incurred by the Photographer 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 the Photographer's normal rate to the Photographer in addition to the expenses as having been agreed or estimated.

[12] AUTHORSHIP CREDIT
All published usages (in print or on the worldwide web) of images will be accompanied by a written credit to Photographer in reasonable proximity (for Client’s own website pages, a credit is not required).

[13] ASSUMPTION OF RISK
Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.
[14] APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales.
[15] VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.

Simon Maxwell Photography 2020
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