JEN RICH PHOTOGRAPHY - TERMS AND CONDITIONS

ACCEPTANCE

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

COPYRIGHT/LICENSING

The entire copyright in the Photographs is retained by Jen Rich at all times throughout the world unless a transfer of copyright is drawn. 

Licensing fees and terms will be included in the quote and agreed prior to the shoot. Permission to use the photographs for purposes outside the terms of the licence will be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. 

The License to use comes into effect from the date of payment of the relevant invoice. No use may be made of the photographs before payment has been made in full without the photographers express 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 client is put into receivership or liquidation.

EXCLUSIVITY

The client will be authorised to publish the photographs to the exclusion of all other persons including the photographer. However, Jen Rich 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 Jen Rich shall be entitled to use the photographs for any purposes.

RIGHT TO A CREDIT
The Photographer's name will be printed on or in reasonable proximity to all published reproductions of the photograph(s) unless otherwise agreed. 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.

CLIENT CONFIDENTIALITY 

Jen Rich 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 her to carry out her obligations in relation to the commission.

INDEMNITY

Jen Rich agrees to indemnify the client against all expenses, damages, claims and legal costs arising out of any failure to obtain any clearances for which she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. Jen Rich 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 Jen Rich against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

PAYMENT

A 50% deposit is required to secure the shoot date. Low res jpegs will be delivered within the pre agreed time frame followed by high res files once payment has been made in full. Payment by the client will be due for the commissioned work within 30 calendar days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days Jen Rich 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.

ADDITIONAL EXPENSES

Where extra expenses or pre/post production time are incurred by Jen Rich as a result of alterations to the original brief by the client, or otherwise at their request, the client shall give approval to and be liable to pay such extra expenses or fees in addition to the expenses shown in the quote as having been agreed or estimated.

WORKDAY

Costs quoted are based on a 8.5 hour working day, including 30 minutes lunch break. Overtime will be charged at 1.5 x hourly rate.

DELIVERABLES

All deliverables will be supplied via WeTransfer within 5 working days of the shoot unless otherwise agreed. The link will remain active for 7 days. The client is responsible for ensuring the content is downloaded and securely saved within this timeframe or a £25 fee will be charged to resend the content. 

ARCHIVING

Photographs will be archived by Jen Rich for 12 months from the shoot date. If any loss or damage occurs to the files by the client during this period and resubmission is required a £25 fee will be charged. After this time sole liability lies with the client to ensure that files are securely archived. 

PROJECT REJECTION

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

CANCELLATION FEES

A booking is considered firm from the date of confirmation, whether verbal or written, and accordingly Jen Rich will, at her discretion, charge a fee for cancellation or postponement.

Cancellation fees:

Less than 5 days before confirmed shoot date = 50% total costs

Less than 48 hours before confirmed shoot date = 100% total costs (50% if rescheduled at time of cancellation)

The client will be liable for any expenses incurred by Jen Rich prior to a cancelled or postponed shoot.

PROP & BACKGROUND HIRE

Prop and background hire from Jen Rich Photography, as agreed at time of quotation, is included in the creative fee. Any damages or breakages incurred during the client’s booking will be charged to replace like for like. If additional props or backgrounds are needed for the shoot, outside of the photographer’s library, these will be sourced and charged for at an additional, pre-agreed rate. 

ACCEPTANCE OF QUOTE

By accepting the attached quote the client agrees to these terms.