Terms and Conditions:
For the Purposes of doubt, in the following document the ‘Photographer’ refers to Jonathan Hordle Photography and the ‘Client’ refers to the commissioning party with whom the terms of the assignment have been discussed and/or agreed.
By accepting the quote issued by the photographer the Client agrees to abide by the terms and conditions as set out below:
1. Fees and Payments:
i. A prices quoted are in GBP and exclude VAT.
ii. The Photographer will typically invoice 5-10 working days after an assignment is complete. The Client agrees to make payment of said invoice within 30 days unless otherwise agreed with the photographer.
iii. The photographer reserves the right to charge the client additional expenses on top of those already agreed should supplementary work, not previously discussed be require whether this be in time or service format.
2. Intellectual Property Rights:
i. By commissioning Jonathan Hordle photography, the client is granted the right to exploit images from their shoot is any manor they choose within the agreed terms. For the removal of doubt ‘Full editorial rights’ allows clients to use imagers in newspapers, magazines, journals, websites, and on all social media feeds (excluding sponsored or ‘paid’ posts) in perpetuity.
ii. ‘Full editorial rights’ does not include advertising use whether in digital or legacy (print) publications. Secondary, resale and/or monetisation without prior consent is explicitly prohibited. All images captured remain the property of the photographer
iii. ‘Full Buy out’ assigns copyright of images from the shoot over to the client enabling them to exploit / the images worldwide in any manor they wish in perpetuity. The photographer retains the right to use imagery to help promote their business or services on social media platforms, website and hard copy portfolio.
3. Cancellation:
i. A discretionary fee of 50% of the agreed assignment fee is payment if the clients chooses to cancel or postpone the assignment within 7 days of the agreed assignment date.
cancellations made within 48hs will incur a discretionary cancellation fee of 100% of the agreed assignment fee.
4. Intellectual Property Rights:
i. By commissioning Jonathan Hordle photography, the client is granted the right to exploit images from their shoot is any manor they choose within the agreed terms. For the removal of doubt ‘Full editorial rights’ allows clients to use imagers in newspapers, magazines, journals, websites, and on all social media feeds (excluding sponsored or ‘paid’ posts) in perpetuity.
ii. Full editorial rights’ does not include advertising use whether in digital or legacy (print) publications. Secondary, resale and/or monetisation without prior consent is explicitly prohibited. All images captured remain the property of the photographer
5. Liability
i. The Photographer acknowledges that they hold public Liability insurance to the value of £5,000,000
ii. In the unlikely event that the photographer cannot attend an event due to accident, illness or any other event beyond their reasonable control, the photographer will not be liable to compensate the client photographer for loses or damages they may occur other than to return any fees paid in advance. In such an event, the photographer endeavour to seek to supply substitute of comparable experience and skill necessary to cover the assignment, although this cannot be guaranteed.
iii. Where a brief is supplied by the commissioning party, every effort will be made to cater for / ensure requirements are met, although the photographer cannot be held liable for images missed due to oversight, impracticality, time management or organisational failure.
iv. Where Images are to be supplied directly to press and / or photo agencies, they are done so under the explicit understanding that the client has sort all appropriate permissions by the persons which they depict. This includes images where talent approvals are applicable. The client further agrees to pass on and retain within their records of any agreements / contracts relating to licence durations, territorial restrictions and commercial resale.
6. Image Supply and Archiving:
i. Following a shoot, the photographer will supply a comprehensive edit as he/she sees fit to reflect any given shoot. The Client is granted the right to request additional content up to 4 days after an event and RAW images with be kept for 7 days.
ii. Shoot edits are typically housed on a secure microsite accessible via a link supplied to a client after the shoot. This allows clients to access images themselves and grant access to anyone who they choose to share it with.
iii. By sharing the link, clients accept liability for the third parties responsible use and cooperation with the terms set out in section 3ii. If a client simply requires the edit to be sent directly to them, Images will be supplied via a ZIP link which acts as a ‘download all’ feature. The ZIP link remains accessible for 7 days after a shoot but can be reactivated on request.
7. Governing law
This agreement and any disputes and claims that may arise from it will be governed by the law of England and Wales.