Terms of Use

TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PICTURES FROM RUSSELL DRYE – PHOTOGRAPHER

1. Term and Definitions:

(a) Picture means photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purpose of reproduction;

(b) Reproduction means any form of publication or copying of part or whole of any picture and if it has been altered or not by printing, photography, slide projection (whether to an audience or not), xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;

(d) The Client is the person or the organiser of the photo shoot to whom the invoice is addressed to (this could be the Client acting on behalf of a third party);

(e) Russell Drye administers the licensing of the works of the Photographer, Russell Drye and is a trading name of Drye Productions as a company registered in England;

(f) These terms and conditions represent the entirety of the agreement between Russell Drye and the Client. Any variation is only applicable when agreed in advance and in writing.

2. Copyright and Ownership of Materials:

(a) The copyright of the pictures is retained by the Photographer, Russell Drye at all times throughout the world;

(b) Titles to all photographs remain the property of the Photographer Russell Drye;

(c) All images will be licensed for use for a specific period. When the License to Use has expired, the images should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. The Photographer reserves the right to make an additional charge for continued use after this period;

(d) The Photographer, Russell Drye, supplies the technical and artistic ability to illustrate an idea photographically, and sells the rights to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or grant of reproduction rights in respect thereof;

(e) Russell Drye asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988;

(f) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Russell Drye any fee payable by the Client shall be subject to an increase specified by Russell Drye, and in any event an increase of not less than 25%.

3. Use and Reproduction:

(a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – include any late payment charges that may have been levied – has been received by Drye Productions;

(b) Permission in writing may be granted for use of the images before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;

(c) Reproduction rights (if granted) are strictly limited to the use and period of time specified on Russell Drye’s invoice. An agreement must be reached with Russell Drye before the pictures are used for a different purpose or after the Licence to Use has expired;

(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice;

(e) Reproduction rights that are granted, are personal to the Client and may not be assigned, nor may any pictures submitted to the Client be loaned or transferred to third parties except for the purpose of the exercise by the Client of such reproduction rights;

(f) Any reproduction rights that are granted are by way of licence and no partial or other assignment of copyright shall be implied;

(g) Russell Drye reserves the right to refuse to supply or grant a reproduction licence to a third party when requested by the Client;

(h) In the case of printed publications, a copy of the relevant pages containing any picture supplied are to be furnished to Russell Drye free of charge. In other media, evidence of use must be made available if requested;

(i) On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Russell Drye may at any time thereafter inspect any records, accounts and books relating to the reproduction of his pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

4. Definitions of Reproduction Rights:

The following terms are used when describing the reproduction rights granted by Russell Drye the Photographer to the Client:

(a) Internal Use Only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site;

(b) PR and Press Distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;

(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.

5. Booking and Cancellation:

(a) The Client will be required to complete a Booking Form, on receipt of the booking form, Russell Drye will send an email confirmation and will request via invoice a booking fee of 50%. Once booking fee is received the booking will then be considered as Confirmed.

(b) ~Once the Client has made a booking for a specific time and date and this time/date has been Confirmed, Russell Drye will not accept any other work from Client’s for those times and dates;

(c) As a result, once a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the Client according to the following schedule:

(j) When a Client cancels a confirmed booking within 10 business days of any Confirmed date, an administration fee of £20.00 (Excl. VAT) will be charged; (ii) When a Client cancels photography within less than 10 days of business of any Confirmed date, a fee of 50% of the booked time rate will be charged; (iii) In addition to this cancellation fee, the Client will be charged for any expenses already incurred by Russell Drye.

6. Payment Terms:

(a) Payment in full is required on the day of the photoshoot, unless agreed in advance and in writing;

(b) If payment is not made in accordance with (a) above then Russell Drye may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest the Late Payment Of Commercial Debts (Interest) Act 1998;

(c) A fee of £17 (excluding VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices;

(d) The Client’s right to reproduce a picture arises only when Russell Drye’s invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices).

Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Russell Drye to rescind the Agreement and rendering the Client liable for the payment of damages;

(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that Russell Drye may consider these invoiced as overdue when pursuing legal action for the recovery of said debts.

7. Rejection:

(a) Russell Drye will edit every take and deliver what he considers to be the bets of every situation covered;

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

8. Liability and Indemnify:

(a) While Russell Drye takes all reasonable care in the performance of this agreement generally, the Photographer Russell Drye shall not be liable for any loss or damage suffered by the Client by any third party arising from use or reproduction of any picture or its caption;

(b) The Client agrees to indemnify Russell Drye in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Russell Drye;

(c) It is the Client who must satisfy themselves that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Russell Drye gives no warranty or undertaking that any such rights, model releases or contracts have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Russell Drye against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

9. Applicable Law:

(a) This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England;

(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties;

(c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.

10. Client Confidentiality:

The Photographer Russell Drye will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer Russell Drye to carry out their obligations in relation to the commission.

11. Making payments

Payment of 50% Booking and Deposit Fee to be made via BACS and bank details will be provided on booking invoice, Remaining fees can be made via BACS, Cash or Credit/Debit card on the day of the photoshoot; unless an other agreement has been made in advance and in writing.