Commercial Photography Contract
Please read this contact in full. When finished, you can signify your agreement by entering your details below.
Contract for the for the Commissioning and Reproduction of images from Simon J Brown Photography.
It is agreed that the following contractual terms and conditions set out the total agreement made between the parties, and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
A contract will be deemed to be in place when either of the two following conditions occur. Online when a Contract agreement is made through this page, a booking payment has been received and a confirmation email has been sent by us. Offline a contract will be deemed to be in place when a booking agreement has been agreed and signed by both parties and the booking fee has been received.
The Booking fee secures the date, time and services of Simon J Brown Photography and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation.
Cancellation less than 2 weeks before the photo-shoot will result in payment in full. All cancellations must be in writing. Photo-shoots that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
In consideration of the Price, the Photographer will undertake such work as is necessary to fulfil the requirements of the contract.
Simon J Brown Photography shall be granted artistic license in relation to the poses photographed and the locations used. The Photographers judgment regarding the locations, poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
Simon J Brown Photography may use any images included in this contract in their web site, portfolio, literature, display areas, exhibitions, competitions, advertising, slide shows or commercially.
All image sizes are nominal. The Photographer(s) will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
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 and Design Act 1988 and remain the copyright of Simon J Brown Photography. 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 written permission of Simon J Brown Photography.
Copyright of all images is retained worldwide by the Photographer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the Material, save as specifically set out in these Terms and Condition or may otherwise be agreed by the Photographer in writing.
Reproduction rights (if and when granted) are strictly limited to the use and period of time specified by Simon J Brown Photography. An agreement must be reached with Simon J Brown Photography before the pictures are used for a different purpose or after any agreed licence to use has expired. When reproduction rights are granted it is within the following limitations:
Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied. Simon J Brown Photography 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 Client may not alter or add to or manipulate an image by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without the written permission of Simon J Brown Photography.
Force majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
In the unlikely event of the assigned Photographer being unable to attend your photo-shoot due to unforeseen circumstances, Simon J Brown Photography reserve the right, where possible, to appoint another photographer to attend on our behalf to undertake the photography to his/her best ability.
Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Negatives / Digital Files
Negatives / digital files remain the sole property of Simon J Brown Photography.
Whilst every care is taken at every stage of the photographic process, in the event of a camera failure, operator error, material failure, or process machine failure, Simon J Brown Photography can accept no responsibility for any losses however incurred as a result of any such failure beyond a full refund of the original purchase price.
We shall not sell or pass on your email address to anyone else. Your on-line images can be seen by logging-on to our website, but we will not be held responsible for any hacking or other activity that bypasses this process.
The client should raise any complaints with Simon J Brown Photography and put in writing within 14 days of the photographic session. No refunds will be entertained for any reason after this period.
All cheques to be made payable to Simon Brown. Payments can also be made by cash (in person), by cheque (to be made payable to Simon Brown), or through our website or via email using the Paypal payment system
Changes to Terms and Conditions
Our mission is to provide a quality service to our clients. In order to do so we must reserve the right to change our terms and conditions without notice at any time.
To signify your agreement to these contract terms, enter your details above, then submit the form.