Paul Reinhard Photography Terms & Conditions

      Privacy Policy and Licensing Agreement

1. Definitions

For the purpose of this agreement the “Client” shall, where the context so admits, include respective assignees, agencies, sub-licensees and successors in title. "Photographs" means all photographic material furnished by the “Photographer” whether transparencies, negatives, prints or any other type of physical or electronic material.

2. Copyright

The entire copyright in the Photographs is retained by the Photographer at all times throughout the world. When the License to Use has expired the Photographs may not be used in any form be it as printed material or any other form of physical or electronic material.

3. Ownership of Materials

Title to all Photographs remains the property of the Photographer. When the Licence to Use has expired any printed Photographs must be returned to the Photographer and any electronic material must be deleted.

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 Photographer's express permission. 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. The Licence only applies to the Client and product as stated on the invoice(s) and its benefit shall not be assigned to any third party without the Photographer's permission. Accordingly, even where any form of 'all media' Licence is granted, the Photographer's permission must be obtained before any use of the Photographs for other purposes than originally agreed in the contract.

Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted but must be mutually agreed (and may be subject to fees) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions. When the Client has supplied models, property or locations the works may be used by the photographer for self-promotion at any time without need for model or property release.

5. Exclusivity

The Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, 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. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.

6. 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 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.

7. Indemnity

The Photographer agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he was responsible in respect of third party copyright works, trade mark, designs or other intellectual property. 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 the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

8. Payment

Payment by the Client will be expected for the commissioned work within 14 days of the issue of the relevant invoice. If the invoice is not paid in full, within 14 days the Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

9. Expenses

Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief the Client shall be liable to pay such extra expenses or fees at the Photographer's normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.

All travel costs to Luton Airport including travel time are included in the Photographer’s fee. Travel to all other airports may be subject to extra fees and must be agreed prior to the shoot.

10. Rejection

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

11. Cancellation and Postponement

A booking is considered firm as from the date of confirmation and accordingly the Photographer will be entitled to charge a fee for cancellation or postponement.

12. Right to a Credit

If a 'Right to a Credit" has been requested the Photographer's name shall be printed on all published reproductions of the photograph(s) be it print or electronic material. By requesting a 'Right to a Credit" the Photographer also asserts his statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

13. Electronic Storage and Alteration

Save for the purposes of reproduction within the licensed use(s), the photographs may be stored in any form of electronic medium for the period of the agreed usage determined in the contract.

Use of only a portion of the photograph is subject to the Client’s discretion. Further manipulation of the image shall only take place with permission of the Photographer.

14. Warranties and Liabilities

The Photographer shall not be liable for any loss or damage suffered by the Client or third party arising from the use or reproduction of any picture by the Photographer.

The Photographer will not be liable for any model releases or other releases in connection with any of the pictures. All necessary rights, model releases or consents which might be required for the Photographs and reproductions must be obtained by the Client and the Photographer gives no warranty or undertaking that any such rights, model releases or consents will be obtained through him. If a Photograph or its reproduction is used by the Client then the Client shall fully indemnify the Photographer against any violations of rights hold by people, trade-marks, registered or copyright designs or work of art depicted in any Photograph. Furthermore the Client shall fully indemnify the Photographer against any loss, damage, proceedings or costs including any legal fees and expenses where such rights, releases or consents have not been obtained or violated.

15. Applicable Law

This agreement shall be governed by the laws of England & Wales.

16. Variation

These Terms and Conditions shall not be varied except by agreement in writing.

By using the service or Photographs of the Photographer it is assumed that the Client has read and agreed with these Terms and Conditions.