Terms and Conditions

1. Definitions

(i) For the purpose of this agreement "the Client" shall refer to the person(s) / company employing the services of the Photographer and shall be as stated under “Client” on all estimates/quotes/invoices produced by the Photographer.

(ii) For the purpose of this agreement "the Photographer" shall refer to Robert Gooch, being the Author of the Photograph(s).

(iii) For the purpose of this agreement "Photograph(s)" means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.

(iv) For the purpose of this agreement “Use(s)”/"Used"/"Usage" means any form of publication or copying of the whole or part of any photograph, altered or not, whether by printing, photography, slide projection (whether or not to an audience), xerography, artists reference, artists illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means including web site and CD rom publication.

2. General

(i) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.

(ii) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.

(iii) Where time is of the essence, the Photographer, entirely at his own discretion, may accept an instruction given orally. In this event the Photographer shall accept no liability for any error in executing the instruction.

(iv) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.

(v) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied; if none is provided, then the email traffic will constitute a contract in law.

3. Copyright

The entire copyright in the Photographs is retained by Robert Gooch at all times throughout the world. Robert Gooch supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Robert Gooch's grant of reproduction rights in respect thereof.

4. 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 Robert Gooch'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. The Licence only applies to the Client as stated and its benefit shall not be assigned to any third party without Robert Gooch's permission. Accordingly, even where any form of 'all media' Licence is granted, Robert Gooch's permission must be obtained before any use of the Photographs for other purposes. 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. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.

5.Reproduction rights

Reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, 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.

The following terms are used when describing the reproduction rights granted by Robert Gooch to the Client:

6.Payment

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. Robert Gooch reserves the right to suspend ongoing services, such as (but not limited to) the On-line Client Archive and proof pages or other distribution of pictures, 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. Any discounts made by Robert Gooch will be automatically revoked and the full amount charged on all invoices not paid within the specified 30 days.

7. Rejection

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

8. Cancellation & postponement

A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement.

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