Paul Martyniuk - Anarchy Photography
For the purpose of this agreement ‘the Client’ shall, where the context so admits include the Client’s assignees, sub-licensees and successors in title. ‘Photographs’ means all photographic material furnished by the Photographer, whether, negatives, transparencies, prints or any digital images on disc or electronic material or any other type of physical material .
In accordance with the Copyright, Designs and Patents Act 1988, the entire copyright of all images and photographs created by the Photographer is owned and retained by the Photographer at all times throughout the world.
Paul Martyniuk - Anarchy Photography asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
Paul Martyniuk - Anarchy Photography shall remain the legal owner of the photographs and the title in the photographs shall remain vested Paul Martyniuk - Anarchy Photography until Paul Martyniuk - Anarchy Photography shall have received in cleared funds full payment of all monies by the Customer. Until payment has been received in full Paul Martyniuk - Anarchy Photography may at any time require the photographs to be returned forthwith and if this requirement is not immediately complied with Paul Martyniuk - Anarchy Photography shall have the right( without prior notice) at any time to retake possession of the whole or any part of the photographs and for that purpose to authorise entry upon any premises upon which the photographs are situated and sever the photographs from anything to which they are attached and remove the photographs without being responsible for any damage caused and any such action on the part of Paul Martyniuk - Anarchy Photography shall be without prejudice and any other remedies of Paul Martyniuk - Anarchy Photography Title to all Photographs remains the property of the Photographer.
The Photographer will keep confidential and will not disclose to any third parties information communicated to him in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission.
The Photographer agrees to indemnify The Client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The Photographer 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 the Photographer against all expenses, damages, claims and legal costs arising out of failure to obtain such clearances.
Payment by the Client will be expected for the commissioned work within 14 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 14 days The Photographer 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. If payment of the invoice is not paid in good within the stated time then the licence to use the photographs or any image derived from the original photograph can be revoked by Anarchy Photography. If the licence is revoked then the client has no right to use any photograph that was taken by Anarchy Photography during the assignment / commission. Any use would be a breach of copyright.
Where extra expenses or time are incurred by the Photographer 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 at the Photographer's normal rate to the Photographer in addition to the expenses having been agreed or estimated.
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style and composition.
This agreement shall be governed by the laws of England and Wales.
These Terms and Conditions shall not be varied except by agreement in writing