Terms & Conditions

1. DEFINITIONS

1.1 “FMCD” means Frederick Dellow, the photographer.

1.2 “Client / You / Your / Yours” means the individual, business or agency with, by or for whom it is agreed the services of FMCD as photographer shall be supplied

1.3 “Photographs” means all photographic material furnished by FMCD, whether transparencies, negatives, prints or any other type of physical or electronic material including digital files.

1.4 “Licence” means the terms of use of the Photographs set out in these Terms of Conditions of business and or any additional or supplemental licence granted in writing by FMCD to You.

2. COPYRIGHT The entire copyright in the Photographs is retained by FMCD at all times throughout the world.
3. OWNERSHIP OF MATERIALS Title to all Photographs remains the property of FMCD.
4. USE The Licence to use the Photographs comes into effect from the date of payment of the relevant invoice(s). The Licence is limited to the single private display or single commercial publication (one print layout or campaign / online / social media / press / PR) use of the Photographs for the Client’s personal or specific commercial use and not for wider publication, reproduction, or any further form of commercial exploitation. No use may be made of the Photographs before payment in full of the relevant invoice(s) without FMCD’s express permission in writing. The Licence shall automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation or enters any form of insolvency process. The Licence only relates to the relevant product or service as stated on the relevant invoice(s) and its benefit shall not be assigned to any third party without FMCD’s express prior permission in writing. Even where any form of ‘all media’ Licence is granted, FMCD’s permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sub-licensing through a photo-library. Permission to use the Photographs for purposes outside the terms of the Licence may be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these Terms and Conditions.
5. PROMOTIONAL USE FMCD retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work. After any exclusivity period indicated in the Licence FMCD shall be entitled to use the Photographs for any purposes.
6. INDEMNITY FMCD shall only be responsible for obtaining clearances for third party copyright works, trade marks, designs or other intellectual property if this has been expressly agreed with You before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and hereby indemnifies FMCD against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
7. PAYMENT Payment shall be made by the Client to FMCD for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days interest shall be charged at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
8. EXPENSES Expenses agreed at the time of accepting the commission shall be payable on receipt by the client of invoice from FMCD. Where additional expenses or time are incurred by FMCD as a result of alterations to the original brief by the Client, at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at FMCD’s normal rate in addition to the expenses originally agreed or estimated.
9. REJECTION Unless a rejection fee has been agreed in advance, there is no right to reject Photographs on the basis of style or composition.
10. CANCELLATION & POSTPONEMENT A booking is considered firm as from the date of confirmation and accordingly FMCD shall, at his discretion, charge a 50% cancellation fee of the final agreed amount for cancellation or postponement.
11. STORAGE OF PHOTOGRAPHS Upon receipt of Photographs, the Client accepts all responsibility for archiving and protecting the photographs. FMCD does not permanently archive image files. FMCD is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read files provided. It is the responsibility of the Client to make sure that digital files are copied to new media as required.
12. RIGHT TO A CREDIT FMCD asserts the right to be credited as the author of the Photographs in accordance with sections 77 and 79 of Copyright, Designs and Patents Act 1988. Any unauthorised reproduction of any Photographs will constitute a breach of copyright.
13. LIABILITY FMCD’s entire liability for any breach of the agreement with any Client or any representation, act or omission (including negligence) shall be limited to the  fee payable for the services provided and FMCD shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses. The limitation on liability shall also apply in the event that Photographs are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the cause is outside FMCD’s control and FMCD is not liable.
14. APPLICABLE LAW This agreement shall be governed by the laws of England & Wales.
15. VARIATION These Terms and Conditions shall not be varied except by prior agreement in writing.