Terms and Conditions

(these T&C’s cover photo shoots provided by Emma TS Robinson)

Please take the time to read the following terms and conditions below as this, plus the estimate and relevant emails, forms the basis of a contract between the Photographer (Emma T S Robinson) and the Client (you). If you have any queries or are unsure about any of the Terms, please ask.

1 Ownership & Copyright

Ownership and copyright of all images remains with Emma T S Robinson (the Photographer) at all times and throughout the world.
Clients are purchasing a licence to use the photographs. This licence is unlimited in duration, and covers multiples uses – i.e. there are no additional costs incurred if the images are used time and again (though there are some usage exceptions, detailed below).

Negatives, raw digital files, and any unedited photos from the shoot are the property of the Photographer.  Clients will not receive every photograph taken during the shoot, but will receive a selection which are edited by the Photographer (agreed on the estimate/ quote).

2 Use

The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer's express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation.

When used in print, where possible please add the following credit “Photograph © emmatsrobinson.co.uk ”. This should appear as close as possible to the images. When images are printed or shared online, an additional reference to my website (www.emmatsrobinson.co.uk) or my social media handle (@emmatsrobinson or @emmatsrobinson_productphotos) is much appreciated.

Your licence covers the following, unless otherwise specified:
• Use in printed material including brochures, leaflets, flyers or magazines.
• Use in electronic material including websites and electronic documents such as pdfs.
• Supply of image files to newspapers and magazines as part of press releases that relate specifically to your organisation/ company.
• Supply of image files to design agencies working on your behalf designing any of the above. Please note that it is your responsibility to ensure that 3rd parties understand where copyright lies.

What your licence does not cover:
You cannot pass images on (either for free or at cost) to 3rd parties for their own use. For example, to partner designers or developers who may wish to use them in their own marketing material. Your licence is for you alone. However output can be supplied to more than one Client for an additional fee. The additional fee would be charged for each additional Client.

Under this standard agreement, image files cannot be used in products that you intend to sell, such as postcards, books or calendars.

A licence fee for using the images in paid advertising is not included in the standard fee, but can be included for an additional cost.

Additional usage fees can be added to your licence at an additional fixed cost or using a royalties agreement. The production of photographic prints from the files – for example, for framing and displaying – is also not covered by the licence. Please contact me if you wish to re-produce images in print.

Please refrain from excessively manipulating the image files without approval from the Photographer. This includes excessive cropping, conversion to black and white, removal or addition of features or alteration of colours.

3 Usage by the Photographer ‘Emma T S Robinson’

The Photographer retains the right to:
• Use the images in any marketing material produced to for promotional purposes, including printed and electronic material
• Enter the images into photographic competitions
• Print and display images in exhibitions (including retail exhibitions)
• Sell the images as prints (please note that in most cases this would not be appropriate, and I would always ask before doing this)

4 Exclusivity Duration

Adding image files to stock photography websites is a way of generating additional income from them at a time after they may have served their main purpose for you. After a minimum period of one year from the date of the use licence, the Photographer reserves the right to add the images to stock websites (e.g. Alamy). You will retain the right to prevent this for all or some of the image files if you feel strongly that that their usage elsewhere and by other organisations would be a problem.

5 Payment and Scope

Payment by you (the Client) for the commissioned work is required within 10 days of the issue of the relevant invoice. The invoice(s) will be issued after the completed shoot and upon delivery of a digital contact sheet / index sheet. Once the invoice is paid the final files will be issued.

If the invoice is not paid, in full, within 10 days the Photographer reserves the right to charge interest and late payment penalties at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 (and The Late Payment of Commercial Debts Regulations 2013) from the date payment was due until the date payment is made. For invoices that are over 60 days late, admin fees will also apply at the rate of £25 per reminder email or invoice.

If the scope of works changes from that agreed on the estimate, any additional work will be charged at the Photographer’s Hourly Rate. If you decide during the shoot that you need a couple of additional images, I will do my best to accommodate this but there may still be an additional charge for retouching.

The estimate may include an approximate figure for expenses/ props to be purchased by the Photographer.  Such costs and expenses will be charged to the client at cost plus 10%.

My normal hours of work are 9.30am to 6pm, including a one hour lunch break. A full working day may or may not include the editing & post-production time, depending on the shoot - this will be detailed in the estimate provided by Emma TS Robinson.

6 Indemnity

While the Photographer (Emma TS Robinson) takes all reasonable care in the performance of this agreement generally, she shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.

7  Rejection

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, set design & props, composition or editing. In most cases, the client is present during all or part of the shoot and will be able to approve the images as the shoot progresses.

If the client is not present during the shoot, then a few images which are representative can be emailed to the client during the shoot for approval. Further details of how this ‘remote shooting’ process works will be explained in advance of the shoot. The client will need to be ready to give comments straight away so as not to delay the shoot.

8 Cancellation

a) Once the Client has made a booking for a specific time and date, the Photographer 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 or the client does not provide what is required for the shoot (eg. products for a product shoot), a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within two weeks of any confirmed dates, a fee of 50% of the remaining booked fees will be charged. When a client cancels photography within one week of any confirmed date, a fee of 100% of the booked fees will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by the Photographer.

c) In the event of cancellation by the photographer due to circumstances outside her control every effort will be made to reschedule the shoot if practicable. If a deposit has been paid, then it will be refunded in full if an alternative date is not suitable. The photographer will not be responsible for any further costs as a result of cancellation. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer.

9  Governing Law

This Agreement shall be governed by and construed in accordance with English Law and any dispute arising from it shall be subject to the exclusive jurisdiction of the English Courts.

10 Variation
These Terms and Conditions shall not be varied except by agreement in writing.

Enquiries
Please direct any enquiries to:
Emma Robinson
Tel: 07931 338304
e-mail: info@emmatsrobinson.co.uk