1. In this Agreement the terms;
(a) Image includes a photograph, transparency, negative, digital scan, design, artwork, or any other item which may be offered for the purposes of reproduction.
(b) Reproduction includes any form of publication or copying of the whole or part of any image and whether or not altered by printing, photography, slide projection, artist's reference, artist's illustration, layout or presentation.
(c) Client is the person or organisation to whom the invoice is addressed (whether or not the client is acting for a third party).
(d) Vision Photographic is a trading name of Vision Photographic Ltd a company registered in England.
(a) The entire copyright in the images is retained by Mark Matysiak at all times throughout the world.
(b) Vision Photographic supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the client whether on its submission or on Vision Photographic’s grant of reproduction rights in respect thereof.
(a) Reproduction rights are strictly limited to the use and period of time specified by Vision Photographic below. Any variant to this agreement must be agreed in writing with Vision Photographic before the images are used for a different purpose.
(b) All images have unlimited UK usage for the client (or their third party client) based soley on the purpose and usage of the images in the first instance.
(c) No images can be transferred, used or sold to any other third party for any purpose whatsoever without written agreement with Vision Photographic.
(d) Any reproduction of images outside the UK will have to be agreed in writing with Vision Photographic whereby an additional fee of no less than 50% of the original cost will be charged.
(e) Images taken for clients may be used by Vision Photographic Limited for marketing purposes such as email, web and print. Unless previously agreed by client.
(a) Once the Client has made a booking for a specific time and date, Vision Photographic will not accept any other work from other clients for those times and dates.
(b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within 48 hours of any confirmed date, no fee will be charged. When a client cancels photography within 24 hours of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels a booking with less than 24 hours notice on any confirmed date a fee on 100% of the booked fee will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Vision Photographic.
(a) If payment is not made in accordance with (a) above then Vision Photographic may rescind this Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
(b) Any invoice issued to a client is to be paid in full by no later than 30 days of the date of issue with the following exceptions:
(c) A further period of 30 days from date of issue (allowing a total of 60 days in total from date of issue) may be allowed following a formal agreement to payment variation with Vision Photographic
(d) Supply of all props, materials and expenses for any shoot (when exceeding £50.00) will be supplied on a separate invoice for immediate payment.
(e) Any overdue invoices will be subject to the following;
(f) A fee of £20 (excluding VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
(h) Vision Photographic reserves the right to suspend ongoing services once any invoice issued to a client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
On the client's death or bankruptcy or (if the client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Vision Photographic may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the client.
(a) While Vision Photographic takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the client of by any third party arising from use or reproduction of any picture or its caption.
(b) The client agrees to indemnify Vision Photographic in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the client by Vision Photographic
(c) It is the client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Vision Photographic gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the client then the client shall indemnify Vision Photographic against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
(a) This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.