We always aim to provide the best service possible and give you imagery that truly reflects your business or event. However it’s worth outlining a few simple things so we both know where we all stand on the imagery taken.
We’d be happy to answer any questions or concerns you may have.
In this Policy the following terms shall have the following meanings:
- “Imagery” – This includes both photography or videography;
- “Reproduction” – Any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;
- “TJS Online” – Administers the licensing of the works of the photographer and is a trading name of TJS Online Ltd a company registered in England;
- “Photographer” – the photographer (Adam Pigott) is the author of the photograph or photographer;
- “Client”- is the person or organisation to whom the invoice is addressed (whether or not the client is acting as a third party;
2. Ownership & Copyright
The entire copyright is retained by the photographer and TJS Online at all times throughout the world.
Any unauthorised reproduction of any imagery will constitute as a breach of copyright.
The Photographer, as administered by TJS Online, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given context. No property or copyright in any imagery shall pass to the Client whether on its submission or on TJS Online’s grant of reproduction rights in respect thereof.
The 1998 Copyright, Designs and Patents Act assigns copyright to TJS Online & the photographer, unless at the time of booking a release is negotiated. By purchasing images in either print or digitally you are purchasing the right to the imagery, not the copyright and therefore have no rights to reproduce the image in or on any medium. You may not copy the photographs taken under this contract, or allow copies to be made photographically, electronically, or by any other means. This is a standard condition for professional photographers.
3. Use & Reproduction
Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
Reproduction rights granted are personal to the Client and may not be assigned, nor may any imagery submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
TJS Online reserves the right to refuse the supply or grant of a reproduction license to a third party even when requested to do so by the client. This is to be judged on a case by case basis.
4. Creative License
Imagery taken during the course of the session/event will be at the sole discretion of the photographer, although every effort will be made to comply with the clients predefined requirements.
The photographer shall be granted full artistic license in relation to the poses photographed and locations used. The photographer’s judgement regarding these matters shall be deemed correct.
When attending an event or shoot the photographer’s movements are sometimes restricted by the official in charge or health and safety measures. The area from which the photographer is able to cover the event may not be the photographer’s ideal choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
5. Force Majeure & Postponement
Although measures are in place to make sure all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for imagery that is not produced due to a technical failure. All efforts will be made to reschedule the shoot at the client’s earliest convenience.
Some imagery may not be possible due to the changes in weather and the availability and willingness of subjects. The photographer will do their best to honour the requested imagery but will not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
We shall have no liability to you under this agreement if we are prevented from carrying out our services by any acts, events, omissions or accidents beyond our reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, inclement weather or default of suppliers or sub-contractors.
In the event of incapacitating illness or injury to the photographer we have the option, whenever possible, to mutually agree with you a replacement photographer to carry out the services required. Or, if applicable, postponement of the session until the photographer is fit to attend.
6. Personal Accident
Any directions issued to clients, guests or employees during a session are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a session.
The photographer and TJS Online will keep any information confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the imagery.
Once the Client has been officially booked in, TJS Online will not accept any other imagery work from other clients for those times and dates.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
While TJS Online takes all reasonable care in the performance of this agreement generally, they shall not be liable for any loss or damage suffered by the Client or by any third party arising from the use or reproduction of any imagery.
Every effort will be made to archive the images indefinitely by TJS Online. However, TJS Online makes no warranty about the nature of it’s archive past the delivery of final images. Clients should therefore treat delivered files carefully ensuring that they keep a safe copy.
12. Advertising & Promotion
We reserve the right to use all images for advertising purposes (including but not limited to website based advertising, leaflets, brochures, postcards, galleries and competitions).
13. Applicable Law
This Agreement shall be governed by laws of England & Wales.
These Terms & Conditions shall not be varied except by agreement in writing.
Email communication constitutes as 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.
In the event that any provision of this Agreement is unenforceable under applicable law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of this Agreement is judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable. The provisions of this Agreement will, where possible, be interpreted so as to sustain its legality and enforceability.