1. Definitions

For the purpose of these Terms and Conditions the following definitions will apply:

  1. Michael Banks Photographer’ refers to the trading name of Michael Banks Photographer
    1. Client’ Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party) or any customer purchasing prints or digital images.
    1. Photographs’ means all photographic material supplied by Michael Banks Photographer, this includes transparencies, negatives, prints, digital files, digital scan, digital image, design, artwork, montage or any other item which may be supplied for the purposes of reproduction.
    1. Reproduction’ includes any form of publication or copying of the whole or part of any Photographs and whether or not altered by printing, photography, projection (whether or not to an audience) scanning, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.
  2. The Contract
    1. We will send you an Invoice detailing the Services to be provided and our fees.  A legally binding Contract between you and us will be formed when you make payment either in part or in full for your Invoice relating to the service being supplied.  The Contract will incorporate, and be subject to, these Terms and Conditions.
    1. No terms or conditions stipulated or referred to by you in any form whatsoever will in any way vary or add to these Terms and Conditions unless we agree otherwise in writing.
    1. You are responsible for the accuracy of any information submitted to us and for ensuring that our Proposal and the agreed Services to be provided reflect your requirements.  Our Proposal is based on the information provided to us at the time we prepare it.  If any errors or discrepancies become evident, we reserve the right to adjust it.
  3. Copyright
    1. The entire copyright in the Photographs is retained by Michael Banks Photographer at all times throughout the world.
    1. Michael Banks Photographer supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those photographs in a given context. No property or copyright in any photographs shall pass to the Client whether on its submission, or on Michael Banks Photographer’s grant of reproduction rights in respect thereof.
    1. Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
  4. Ownership of Materials
    1. Title to all Photographs remains the property of Michael Banks Photographer. When the Licence to Use the material has time limitations and has expired the Photographs  must be returned to Michael Banks Photographer in good condition within 30 days.
  5. Use
    1. Licence to use or reproduce any image is only granted to the Client by Michael Banks Photographer with specific prior agreement.
    1. 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 express permission of Michael Banks Photographer. 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.
    1. Reproduction rights granted are personal to the Client and may not be assigned, nor may any Photographs 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.
    1. Michael Banks Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
    1. Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
    1. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use.
    1. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these Terms & Conditions.
  6. Client Confidentiality
    1. Michael Banks Photographer  will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable Michael Banks Photographer to carry out their obligations in relation to the commission.
  7. Indemnity
    1. While Michael Banks Photographer takes all reasonable care in the performance of this agreement generally, they 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.
    1. The Client agrees to indemnify Michael Banks Photographer in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by Michael Banks Photographer
    1. 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 acknowledged that Michael Banks Photographer gives no warranty or undertaking that any such rights, model releases or consents have 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 image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify Michael Banks Photographer against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
  8. Payment
    1. Payment terms are:
      1. One-off, single shoots, we may offer for you to pay by way of instalments, at our discretion. In this event, an initial deposit of £200 must be paid at the time of accepting our Proposal and then the remaining balance will be paid no later than 2 weeks prior to the photo session date. We will not schedule any dates until we have received this a deposit payment.
      1. For quarterly shoots, we may offer for you to pay by way of monthly instalments, at our discretion.  In this event, the initial 3 months must be paid at the time of accepting our Proposal and then the remaining 9 instalments will commence and be payable, starting from the second month of the Contract.  These Services are subject to a minimum 12-month commitment and you cannot cancel the Contract within this timeframe. 

We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment of commercial debts act if we are not paid according to agreed credit terms.

  • If payment is not made in accordance with (7.1) above then Michael Banks Photographer may rescind this Agreement and recover damages, or, at their option, may exercise their statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
    • If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that Michael Banks Photographer may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
    • A fee of £10.00 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuit of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
    • Michael Banks Photographer reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of Photographs, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
    • 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, Michael Banks Photographer may at any time thereafter inspect any records, accounts and books relating to the reproduction of their Photographs to ensure that the photographs are being used only in accordance with the reproduction rights granted to the Client.
  • Expenses
    • Where extra expenses or time are incurred by Michael Banks 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 Michael Banks Photographer normal rate in addition to the expenses shown on the Estimate form as having been agreed or estimated.
  • Rejection
    • Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
  • Cancellation & Postponement
    • Once the Client has made a booking for a specific time and date, Michael Banks Photographer will not accept any other work from other clients for those times and dates.
    • As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within one week of any confirmed date, a fee of 30% of the booked time rate will be charged. When a client cancels photography within 24 hours of any confirmed date, a fee of 75% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Michael Banks Photographer.
  • Right to a Credit
    • The licence to use requires that the photographer is tagged on all online published reproductions on Facebook (@MichaelBanks.photo), Instagram (@michaelbanks.photo) and LinkedIn (@Michael Banks Photographer). For all other published reproductions, whether online or offline the photographers website ‘www.michaelbanks.photo’ will be printed on or in reasonable of the photographs. Michael Banks Photographer asserts their statutory right to be identified as the author of the work in the circumstances set out in Sections 77 to 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
    • Unless otherwise agreed in writing if any image reproduced by the Client omits the copyright notice or credit line specified by Michael Banks Photographer any fee payable by the Client shall be subject to an increase specified by Michael Banks Photographer, and in any event an increase of not less than 25%.
  • Delivery of Photographs
    • Michael Banks Photographer will edit every take and deliver digital e-proofs of what they consider to be the best representation of every situation covered. As a result, printed contact sheets will only be supplied to the client if agreed so beforehand and will incur a charge for their production.
    • All digital files are supplied as colour tiff or jpg files tagged with Adobe RGB 1998 or sRGB colour profiles as requested.
  • Storage
    • Save for the purposes of production for the Licensed use(s), the Photographs may not be stored in any form of electronic medium, except for the purposes of  backup, without the written permission of Michael Banks Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of Michael Banks Photographer.
    • Every effort will be made to archive the Photographs indefinitely by Michael Banks Photographer. However, Michael Banks Photographer makes no warranty about the nature of its archive past the date of first delivery of final photographs. Clients are advised to keep a backup of any supplied Photographs for the duration of the licence.
  • Applicable Law
    • This Agreement shall be governed by the laws of England & Wales.
FujiFilm
British Institute of Professional Photographers Licentiate
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram