Terms and Conditions

Receipt of email or written confirmation of a booking will constitute agreement of the following full terms and conditions. In booking a photoshoot with Hanna-Katrina Jedrosz, the Client confirms that they have read, understood and accepted the following terms and conditions, unless explicitly agreed otherwise in writing with the Photographer. The Client also undertakes responsibility to ensure that all agents, publicists, managers and PR acting on their behalf are aware and will adhere to the terms and conditions of usage.

1.DEFINITIONS

For the purpose of this agreement "the Photographer" and "the Client"(defined as the person to whom the invoice is addressed) shall where the context so admits include their respective assignees, sub-licensees and successors in title. "Photographs" means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files 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.a. USE

Photographs may not be reproduced, sold, published or used without permission for any commercial purposes excepting the following: spotlight website & book (www.spotlight.com), Internet Movie Database website (www.imdb.com), agency or management website, personal website, theatre programmes, personal business cards and personal portfolios. No third party rights granted.

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 written 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 Photographer is put into receivership or liquidation. The Licence only applies to the Client 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.

Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.

4.b. SUPPLY TO THIRD PARTIES.

No third party rights granted. The licence applies only to the Client and product stated on the Licence to Use. (b) Photos may not be distributed to third parties without prior written consent from the Photographer.

5. EXCLUSIVITY

The Photographer and 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 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 her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out her 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 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 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 before or on the day of commencement of work. Payment must be made via BACS transfer, or cash strictly within 14 days of receipt of 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.

Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.

9. EXPENSES

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 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 her discretion, charge a fee for cancellation or postponement. If cancellations are made with less than 72 hours notice, the Photographer also reserves the right to refuse to make future bookings with the client.

12. RIGHT TO A CREDIT

The Licence to Use requires the Photographer's name “Hanna-Katrina Jedrosz” to be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts 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.

Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or for any failure to retrieve data from the Photographer’s archive.

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.

 

All rights reserved. © Hanna-Katrina Jedrosz 2016. www.hannakatrinajedrosz.com