Gareth McCormack Photography - Terms & Conditions

Terms and Conditions of Submission and Reproduction of Images

In this agreement the terms:
(a) PICTURE includes a photograph, transparency, negative, digital image, 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, altered or not, whether 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) DATE FOR RETURN is the date by which the pictures must be returned as specified on the delivery note. If no date is specified, the Date for Return shall be four weeks from the date of the delivery note or if an invoice is rendered for reproduction rights, 12 weeks from the date of such invoice.

2.	No variation of terms or conditions set out herein shall be effective unless agreed in writing by both parties.

3.	Pictures are supplied on LOAN and no property or copyright in any pictures shall pass to the Client whether on its submission or on the Supplier's grant of reproduction rights in respect thereof.

A non-refundable service fee to cover administrative costs and despatch of pictures is payable by the Client on each submission and resubmission of pictures whether or not reproduction rights are required or granted. The Client shall pay for courier, express or any other special delivery arrangement requested.

(a)    Reproduction rights (if and when granted) are strictly limited to the use, period of time and territory specified on the Supplier's invoice and unless otherwise agreed in writing relate to a single publication in a single size with text (if any) in one language only.
(b)    Reproduction rights are not granted exclusively to the Client except when specified on the invoice.
(c)    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 except for the purpose of the excercise by the Client of such reproduction rights.
(d)    Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.

6.	The Supplier's delivery note will list all pictures delivered to the Client, which shall be presumed to have been received in good condition, unless within 3 days of receipt the Supplier receives notification of any discrepancy or damage.

(a)    Risk in and responsibility for pictures passes to the Client from the time they are recieved until their safe return. The Client shall immediately inform the Supplier of a known loss or misuse of, or damage to the pictures while in the Client's possession or that of any third party. If a picture is not returned within 12 weeks of the date for return, the Supplier may in its sole discretion presume it to be lost.
(b)    The Client shall be liable to pay compensation to the Supplier in rspect of each picture lost or damaged (see over). The loss or damage of colour or monotone prints, duplicate transparencies and digital files and/or their media for which there are available originals shall also be the subject of compensation, but at a different level (see over). A Supplier may also specify in writing at the time of the loan a different compensation figure for loss or serious damage to certain pictures (see over). Payment of compensation does not give rise to any rights in any picture. These figures have been assessed by the Supplier and are a genuine pre-estimate of the loss which would be suffered if such a picture were to be lost or damaged. The Client is urged to take out insurance to cover the total value of the pictures delivered.
(c)    A picture subsequently found must be returned immediately. If it is undamaged the Client will be credited with the compensation paid less a rental fee (under clause 10) from the date the compensation is claimed to the date the picture is returned, such credit being at least 20% of the compensation paid.

8.	Any picture returned without its mount or with its caption or other mount data missing or defaced, may incur a replacement charge (see over).

The Client must return every picture to the Supplier by its date for return by any method affording proof of delivery and insured to the level of compensation cover. Adequate protection must be given to pictures in transit. A delivery note listing and totalling the returned pictures must be enclosed, and an advice in writing with this same information sent by separate post.

10.

Unless otherwise agreed each picture may be held by the Client rental free until its Date for Return and thereafter the Client shall be liable to pay a rental fee (see over) per picture per week or part thereof pending its return. Payment of the rental fee does not entitle the Client to retain the picture after the Date for Return.

11.

(a)    Until the supplier has invoiced the reproduction fee neither party is committed to grant or to aquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract wherby the Supplier is committed to grant reproduction rights and the Client to aquire them. If after such invoicing but before payment, the Client requests cancellation of the reproduction rights the Supplier may in its sole discretion cancel subject to the Client paying a reproduction fee.
(b)    The Client's right to reproduce a picture arises only when the Supplier's invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling the Supplier to rescind the Agreement and rendering the Client liable for the payment of damages.
(c)    The Client agrees to idemnify the Supplier in respect of any claims or damages or any loss or costs arising in any manner form the reproduction without proper reproduction rights of any picture supplied to the Client by the Supplier.

12.

(a) The Supplier's invoice shall be paid within 30 days of issue save in the case of newspaper, periodical and broadcasting clients where payment shall be made no later than the end of the calender month immediately succeeding publication or use.
(b) If payment is not made in accordance with Clause 12 (a) above then the Supplier may rescind this Agreement and recover damages, or, at its option, may charge interest on the overdue amount at 2% per month on the outstanding balance.

13.

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, the Supplier may at any time therafter inspect any records, accounts and books relating to the reproduction of the Supplier's pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

14.

(a) Unless otherwise agreed in writing, if any picture reproduced by the Client omits the copyright notice or credit line specified by the Supplier the reproduction fee payable by the Client shall be subject to an increase of 10%.
(b) The Author has asserted his right to a credit in accordance with sections 77 and 78 Copyright, Designs and Patents Act 1988.

15.	(a) Electronic use, storage or transmission of images is forbidden without the express written permission of the supplier. (b) The Client will provide any information reasonably requested regarding anti-piracy measures.

16.	Pictures shall not be copied, on-loaned or otherwise disposed of and no use whatsoever shall be made of them by the Client without prior written consent of the Supplier, nor shall the image be altered or manipulated, added to, or have any part deleted without the prior consent of the Supplier.

17.	In the case of printed publications, two copies of the relevant pages containing any picture are to be furnished to the Supplier by the Client free of charge within two weeks. In other media evidence of use must be made available if requested.

18.	While the Supplier takes all reasonable care in the performance of this Agreement generally, the Supplier shall not be liable fo any loss or damage suffered by the Client or by any third party arising from use or reproduction of any picture or its caption.

19.

It is the Client who must satisfy themselves that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowleged that the Supplier gives no warranty or undertaking that any such rights, releases or consents are 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 is used or reproduced by or with the authority of the Client then the Client shall indemnify the Supplier against loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.

20.	This agreement shall be subject to and construed according to the law of Northern Ireland and the parties agree to accept the exclusive jurisdiction of the Courts of Northern Ireland.