1. DEFINITIONS
For the purpose of this agreement “the Agency” and “the Advertiser” shall where the context so admits include
their respective assignees, sub-licensees and successors in title. The Photographer is Eric Orme of Cultural
Intelligence Ltd trading as Place Photography. In cases where the Photographer’s client is a direct client (i.e. with
no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be
interpreted as references to the Photographer’s client. “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.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has
expired the Photographs must be returned to the Photographer 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 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 Agency is put into receivership or liquidation. The Licence only applies to the advertiser and
product as stated on the front of the form 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 eg use in relation to another
product or sublicensing through a photolibrary. Permission to use the Photographs for purposes outside the terms
of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in
full) 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.
5. EXCLUSIVITY
The Agency and Advertiser 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/her 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/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.
7. INDEMNITY
The Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and
legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was
responsible in respect of third party copyright works, trade marks, 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 Agency shall be responsible for obtaining such clearances and will indemnify the
TERMS AND CONDITIONS
Place Photography is a trading name of Cultural Intelligence Ltd. Reg in England No: 38835652
Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such
clearances.
8. PAYMENT
Payment by the Agency 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 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 by
the Agency or the Advertiser, or otherwise at their request, the Agency 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
shown overleaf as having been agreed or estimated.
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 & 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.
12. 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
Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
13. ELECTRONIC STORAGE
Save for the purposes of reproduction 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 & Wales
15. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing