TERMS AND CONDITIONS

DEFINITIONS

For the purposes of this agreement, ‘The Photographer’ is Dean Whiting trading as Dean Whiting Photography Limited.

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COPYRIGHT AND OWNERSHIP OF MATERIALS

The entire copyright, title, and intellectual property rights of any Images will remain that of The Photographer at all times throughout the world.

Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright, Designs and Patents Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the express permission of The Photographer.

​IMAGE USE

Images are to be used as agreed at the time of booking and at the time of agreeing the fee. The licence to use is limited to the use and period of time specified between The Photographer and the Client. No other use may be made of the Images without the Photographers express permission. An agreement must be reached with The Photographer before Images are used for any other purpose or after the licence to use has expired. Manipulation of the Images or use of only a portion of Image may only take place with the permission of the Photographer. When the license to use has expired an additional charge has to be agreed for extended usage with the Photographer.

EXCLUSIVITY

The usage rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties (save for the purpose of the work by the Client of such reproduction/usage rights/PR). The Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client. The Photographer retains the right in all cases to use the Images covered by this agreement at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.

RETOUCHING/POST PRODUCTION

Retouching, digital manipulation is available to the Client as an option at extra cost as agreed with the Client.

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, save as to be reasonably necessary to enable the Photographer to carry out his obligations in relation to the work.

CLIENT AND TIMINGS

If The Photographer provides a quote to The Client, the fee will be charged at that agreed rate. The Photographer generally requests a brief at the time of booking.

PAYMENT TERMS

Payment terms are 30 days from the date of the relevant invoice, unless agreed in advance and in writing. If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if it is less than 28 days from the issue date, and that The Photographer may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

LIABILITY AND INDEMNITY

It is the Client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that The Photographer gives no warranty or undertaking that any such rights, model releases or consents have been or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture.  In the event that the Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify The Photographer against all expenses, damages, claims, or legal costs arising out of any such failure.

GOVERNING LAW

These Terms and Conditions shall be governed and construed in accordance with the Laws of England.

​VARIATION

No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

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