TERMS AND CONDITIONS [England & Wales]

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.  In cases where the Photographer’s client is direct 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 One Vision, whether transparencies, negatives, prints or any other type of physical or electronic material.

2.    Copyright
The entire copyright in the Photographs is retained by One Vision 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 One Vision 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 One Vision express permission.  Any permission, which may be given for prior, will automatically be revoked if full payment is not made by the due date of 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 One Vision permission.  Accordingly even where any form of ‘all media’ Licence is granted, One Vision permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sublicensing through a photo library.  Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, must be mutually agreed (and paid in full) before such further use.  Unless otherwise agreed in writing, all further licences in Photographs will be subject to these terms and Conditions.

5.    Use on Cover
If a cover shot is taken out of a session, which was not a specific cover shoot, One Vision, will be entitled to a further fee.

6.    Exclusivity
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including One Vision.  However, One Vision 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 then Photographer shall be entitled to use the Photographs for any purposes.

7.    Client Confidentiality
One Vision 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 One Vision to carry out his/her obligations in relation to the commission.

8.    Indemnity
One Vision agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal cost arising out of any failure by One Vision to obtain any clearances for which he/she was responsible in respect of third party copyrights works, trade marks, designs or other intellectual property.  One Vision shall only be responsible for obtaining such clearances if this been expressly agrees before the shoot In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify One Vision against expenses, damages, claims and legal cost 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 One Vision reserves the right to change interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 at 2% over bank rate from the date payment was due until the date payment is made.

9.    The Day
A normal day consists of up to 8 hours, including a lunch break, between the hours of 8am and 7pm.  On days, which overrun One Vision, reserves the right to charge a further fee.

10.    Expenses
Where extra or the are incurred by One Vision as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall approval to and be liable to pay such extra expense or fees at One Vision normal rate to the photographer in addition to the expenses shown overleaf as having been agreed or estimated.

11.    Insurance
Clients should insure all properties entrusted to One Vision against all risks.

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

13.    Cancellation & Postponement
A booking is considered firm as from the date of confirmation and accordingly One Vision will, at his/her discretion, charge a fee for cancellation or postponement.  NOTE Any cancellation fee payable may include, additionally, any cancellation charges payable by One Vision in respect of model fees, stylist fees, set build fees ect.

14.    Right to a Credit
If the box on the estimate and the licence marked “Right to a Credit” has been ticked One Vision name will be printed on or in reasonable proximity to all published reproductions to the Photograph(s).  By ticking the box overleaf One Vision also asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Design and Patents Act 1988 or any amendment or re-enactment thereof.

15.    Electronic Storage
Save for the purposes of reproduction for the licensed use(s), One Vision 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 One Vision.

16.    Digital Archival
One Vision accepts no responsibility for long term archival of digital images unless otherwise agreed in writing.  However images will be retained as long as possible while they remain retrievable.

17.    Image Manipulation
Manipulation of the image or use of only a portion of the image may only take place with the permission of One Vision.

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

19.    Variation
These terms and conditions shall not be varied except by Agreement in writing.