All references in this agreement to the term ‘Client’ shall refer to the person(s) or company directly employing the Photographer, Barbara Evripidou, or, where the client is not a direct client, i.e. a third party or agency, that third party or agency shall be interpreted as the ‘Client’.
By hiring Barbara Evripidou for photographs, products, services, etc. you, the Client, agree to the following terms and conditions in perpetuity:
1) The Assignment:
By scheduling a shoot with Barbara Evripidou, the Client agrees to a photography release without signature.
The Client or representative of the Client should be present at the shoot to discuss shots needed and other considerations and requests. If the Client cannot be present, then a written brief to specify exact shots desired must be delivered in writing no later than 24 hours prior to the shoot.
2) Fees and Expenses for Services:
The Fees payable by the Client to the Photographer for the Services shall be as set out in the Photographer’s Confirmation.
Where extra expenses are incurred by the Photographer in the completion of the Services as a result of: (i) the actual services to be provided are materially different from those set out in the agreed brief; or (ii) alterations to the Booking by the Client or otherwise at their request; the Photographer will reserve the right to charge the Client extra fees and/or expenses to be mutually agreed.
The Photographer reserves the right to charge mileage at 45 pence per mile. Any travel costs, congestion charges, road toll charges and parking costs may be billed to the Client as an expense and may be added to the invoice.
3) Rights of client to reproduce the images
Unless specified on a separate licence: (a) clients are licensed to use commissioned photographs for marketing, PR & editorial use (not including advertising, please ask if this is required), in perpetuity, on behalf of the original company who commissioned the photography; (b) Any publication of the photographs to gain publicity for companies other than the original commissioning company will require a reproduction fee to be paid to the photographer; (c) The photographer retains full copyright in all images at all times throughout the world.
Direct advertising usage must be negotiated and agreed with the Photographer, Barbara Evripidou on a separate basis. Client will not make any alterations to the images without written permission from the Photographer.
Please note that the ownership and full copyright of the photographs remains with the Photographer, Barbara Evripidou.
Using an image without a valid license is considered copyright infringement in violation of the Copyright, Design and Patents Act of 1988
For further details on copyright –
4) Cancellation / Postponement
An assignment booking is considered agreed and firm from the date of the confirmation, therefore the Photographer Barbara Evripidou will, at her discretion, charge a fee for cancellation or postponement.
In view of Cancellation; the Client will pay for ALL expenses incurred up to the time of the cancellation of the commission.
In addition, the Client be charged at 50% of the agreed rate if the commission is cancelled less than two days prior to the commission, and 100% of the fee if less than 24 hours.
5) Payment of invoice:
Payment by the client will be expected 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 the photographer reserves the right to charge interest 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.
Unless agreed in writing, the Client will be charged 100% of the agreed rate for the commission if postponement occurs after the Photographer has departed for the location (This excludes bad weather) and 50% of the rate agreed for the commission if postponement occurs less than 24 hours before departure.
The Client has no right to reject the supplied images / commission on the basis of style, composition or subsequent non-requirement of images.
8) Social media usage
If published or used on social media, photography credit must be given to Barbara Evripidou within the comments section.
9) License to use and third party use exclusions
The licence to use the images comes into effect from the date of the photography session. A license is granted only to the paying Client and not to any third party.
Provisional license to use the images is granted for a period of 30 days from date of delivery. The license is immediately revoked if payment of the relevant invoice for the images is not made within 30 days or if the Client is put into receivership or liquidation.
Any third party interested in usage of photos may contact the Photographer or authorised agent for licensing fees.
The Client may not resell, copy, transfer, etc. any of the photographs owned by Barbara Evripidou to a third party. The only exception to third party use are photographs of the people being photographed/photo subjects. Client may give the people being photographed/photo subjects a copy of images for personal use.
Should the Client wish to use the photographs to the exclusion of all other parties for a set period, a separate fee shall be negotiated in writing. However, the Photographer retains the right in all cases to use the photographs in any manner at any time regardless of any exclusive period agreed and in any part of the world for the purposes of promoting her work. Upon expiry of the exclusivity period the Photographer shall be entitled to use the photographs for any purposes.
11) Releases and clearance
The Client shall be responsible for obtaining any and all required clearances, and will indemnify the Photographer against all expenses, damages, claims and legal actions and/or legal costs arising out of any failure to obtain such clearances.
Furthermore the Client is responsible for obtaining all necessary permissions and releases for usages that require any property or model releases, unless agreed and delivered by the Photographer.
It is the client’s responsibility to gain written parental permission when persons under the age of sixteen years are to be photographed. Permission is also necessary to allow identification and publication of photographs of children. The photographer accepts no liability for non-supply of pictures if parental permission has not been granted.
12) Copyright / retention of image rights
All images/digital files remain the copyrighted property of the photographer Barbara Evripidou. The Photographer Barbara Evripidou owns all images/digital files and their copyrights unless otherwise stated in writing.
The Photographer Barbara Evripidou holds the right to publish & use photos taken for advertising & self-promotion. This includes the right to place the images within a stock library / agency for further sales / licence purposes.
This agency has the right to licence the images for possible worldwide non exclusive use.
13) Covid 19:
The Photographer cannot be held responsible for a cancellation or postponement of a commission due to a regional or national lockdown or having to self isolate due to coronavirus.
14) General terms
Prices subject to change without notice.
Above listed terms and conditions represent the only contract between the Photographer Barbara Evripidou and the Client (unless specified otherwise.)
Terms and conditions subject to revision.
The Client agrees to allow the Photographer Barbara Evripidou to display and post online photographs, project information, and Client information at the photographer’s discretion The Client name may be used for the photographer’s Barbara Evripidou self promotion unless asked otherwise.
The Photographer Barbara Evripidou is not responsible for the posting of images to third party websites. The Photographer Barbara Evripidou is not responsible for issues or complaints in the event of decreased quality on third party website.
The Photographer Barbara Evripidou is an independent contractor and not the Client’s employee. The Client is not an agent for the Photographer Barbara Evripidou and cannot make agreements on her behalf.
The normal agreed daily rate includes basic and reasonable (Explained to Client on request) post processing of digital files prior to sending to the Client. If the Client requests additional post processing work the Client will be charged at the rate quoted and agreed.
16) Extensions to original fee
Where extra time or expenses are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request or on their behalf by an authorised third party, the Client shall give approval and be liable to pay such extra expenses or fees at the Photographers normal agreed daily rate to the Photographer in addition to the expenses and fees as having been agreed or quoted.
17) Author right to credit of images
All published usages, either in print or electronic of images taken by the Photographer Barbara Evripidou shall be accompanied by a written credit to the Photographer Barbara Evripidou within reasonable proximity of the image(s).
The Photographer Barbara Evripidou asserts her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
18) Applicable law
This agreement shall be governed by the laws of England & Wales.
These Terms and Conditions shall not be varied except by agreement in writing.
©2021 Barbara Evripidou / First Avenue Photography