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).
(a) The entire copyright in the pictures is retained by Pete Bartlett Photography at all times throughout the world. Pete Bartlett keeps the rights to use any photograph for his own promotion at any time.
(b) Pete Bartlett 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 Pete Bartlett Photography’s grant of reproduction rights in respect thereof.
(c) Pete Bartlett 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 Pete Bartlett Photography any fee payable by the Client shall be subject to an increase specified by Pete Bartlett Photography, and in any event an increase of not less than 25%
(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) Pete Bartlett 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.
The following terms are used when describing the reproduction rights granted by Pete Bartlett Photography to the Client:
(a) Once the Client has made a booking for a specific time and date. Any cancellations made within 72 hours of the shoot will be subject to a £50 cancellation charge.
(b) The fee is payable on the day of the session.
(c) Pete Bartlett Photography reserves the right to rearrange, cancel or postpone a session; in such circumstances, the deposit is fully repayable.
(a) Pete Bartlett 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 Pete Bartlett Photography.
(a) While Pete Bartlett 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 Pete Bartlett 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 Pete Bartlett Photography.
(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.
Payment should normally be made by cash or cheque (made payable to “Pete Bartlett”) or by bank transfer, via the details supplied on the day by Pete Bartlett Photography. All fees should be paid at the end of the session.