Terms & Conditions

By booking a headshot session with David Yiu Photography you agree to the following Terms and Conditions:

1. 
In this Agreement the terms
(a) picture includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving 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 picture and whether or not altered by printing, photography, slide projection (whether or not to an audience), xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means
(c) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).

2.
(a) The entire copyright in the pictures is retained by David Yiu / David Yiu Photography at all times throughout the world.
(b) David Yiu / David Yiu Photography 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 David Yiu Photography’ grant of reproduction rights in respect thereof.
(c) David Yiu 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 Copyright, Designs and Patents Act 1988.
(d) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by David Yiu / David Yiu Photography any fee payable by the Client shall be subject to an increase specified by David Yiu Photography, and in any event an increase of not less than 25%

3.
(a) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(b) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights
(c) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(e) David Yiu / David Yiu 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.

4.
The following terms are used when describing the reproduction rights granted by David Yiu / David Yiu Photography to the Client:
(a) Headshot usage: self-promotional use by agent and actor/model in his/her capacity as an actor including web, print, Spotlight, CCP and other casting directories, agent mail outs, front of house by  employers and editorial placement in connection with a show or movie. Extends to personal social media profiles like Linkedin/Twitter/Facebook etc… if they support the acting/modeling career. Does not include paid-for advertising, i.e. endorsements.

5.
(a) The Client’s right to reproduce a picture arises only when David Yiu Photography’ invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or  invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling David Yiu / David Yiu Photography to rescind the Agreement and   rendering the Client liable for the payment of damages.
(b) The Client shall be entitled to select an agreed number of photos from the session to be retouched and used on the terms agreed in 4. (a), according to the following schedule: CCP Special Offer: 5 Photos.
(d) If payment is not made in accordance with (a) above then David Yiu / David Yiu Photography 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 1998.6.
(a) David Yiu / David Yiu Photography will edit every take and deliver what it considers to be the best  selection of every situation covered to be delivered in the digital contact sheets.
(b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of David Yiu.
(c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.

7.
(a) While David Yiu / David Yiu Photography 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 David Yiu / David Yiu Photography 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 David Yiu.

8.
(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.