In booking a photoshoot with L1 Photography, the client (defined as the person to whom the invoice is addressed) confirms that they have read, understood and accepted the following terms and conditions, unless specifically agreed otherwise in writing. The client also undertakes responsibility to ensure that all agents, publicists, managers and PR acting on their behalf are aware and will adhere to the terms and conditions of usage. Photographs may not be reproduced, sold, published or used without permission for any commercial purposes excepting the following: spotlight website & book (www.spotlight.com), Internet Movie Database website (www.imdb.com), agency or management website, personal website, theatre programmes, personal business cards and personal portfolios. No third party rights granted.

It is the client's responsibility to obtain written copyright clearance from 'L1 Photography' prior to distribution or publication of ANY additional usage including but not limited to; publication on third party websites, digital or printed magazines, news publications, marketing merchandise and ANY additional print or digital distributed media that falls outside the exceptions listed above. Failure by the client (or agents acting on behalf of the client) to obtain copyright clearance from 'L1 Photography' resulting in authorised use may result in legal action. Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.

Receipt of emailed / written confirmation of a booking will constitute agreement by the client to the following full terms and conditions - please read carefuly and contact danny@L1Photography.co.uk if there is anything you are unsure about:

1. DEFINITIONS.

(a) For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include those appointed by the client to act on their behalf and their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “ and “the Client” shall be interpreted as references to the Photographer’s Client. (b) For the purpose of this agreement “The Photographer” will mean the Author of the Photograph or L1 Photography. And shall where the context so admits include their respective assignees, sub-licensees and successor in title. (c) “Photographs” and “Works” 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. (d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable. (e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer. (f) Where time is of the essence the Photographer entirely at their own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order. (g) 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. (h) 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.

2. COPYRIGHT.

(a) The Author 'L1 Photography' retains the entire copyright of the Photographs and Works at all times, throughout the World. Photographs may not be reproduced, sold, published or used without permission or beyond the terms laid out in the usage license as specified on the invoice. (b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.

3. OWNERSHIP OF MATERIALS.

(a) Title to all Photographs remains the property of the Photographer. (b) If/When the License to Use has expired the Photographs must be returned to the Photographer in good condition within 30 days and any archived digital files destroyed. (c) Title to any materials used in producing the Works is NOT transferred to the Client upon payment of the invoice.

4. USE.

(a) The License to Use comes into effect from the date of payment of the relevant invoice(s). (b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing. (c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. (d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made. (e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied. (f) 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 or an administration is appointed, any licence granted shall immediately cease.

5. EXCLUSIVITY.

(a) Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Agency and/or The Client. (b) The Photographer retains the right in all cases to use or sell the Photographs. (c) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.

6. CLIENT CONFIDENTIALITY.

(a) The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out her obligations in relation to the commission.

7. INDEMNITY.

(a) It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained. (b) It is acknowledged that the Photographer 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. (c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. (d) In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. (e) The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, L1 Photography their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.

8. DEPOSIT.

(a) A deposit, to be specified to the client, is required in order to complete the booking. (b) This deposit is deductible from the session fee, the balance payable on the day of the session. Rearranging more than 24 hours in advance of the session means the deposit transfers to the rearranged date. Rearranging within 24 hours of the session, means the deposit is lost, and the full session fee is payable on the rearranged shoot day. Cancelling at any point means the deposit is non-returnable.

9. PAYMENT.

(a) Payment by the Client must be made before or on the day of commencement of work by BACS transfer, cash or cheque or strictly within 30 days of the issue of the relevant invoice for the commissioned work. (b) Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £17 and all other costs for the recovery of debts including bank charges. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced. (c) Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.

10. EXPENSES.

(a) Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, including changes to retouching or additional requests made after commencement of retouching work, or otherwise. The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.

11. REJECTION.

(a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition. (b) Session time, distribution costs & post-work fees are non-refundable. (c) In the rare instance that an agent is not satisfied with the images, prior to using any images from the session or the submission of requests for retouching; L1 Photography will offer to schedule a complimentary reshoot.

12. CANCELLATION & POSTPONEMENT.

(a) A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at their discretion, charge a fee of cancellation or postponement. (b) If cancellations are made with less than 72 hours notice, L1 Photography also reserves the right to refuse future booking requests from the client.

13. RIGHT TO A CREDIT.

(a) The Licence to Use requires that the Photographer’s name ‘L1 Photography’ must be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts their statutory and moral 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.

14. SUPPLY TO THIRD PARTIES.

(a) No third party rights granted. The licence ONLY applies to the Client and product stated on the Licence to Use. (b) Photos may not be distributed to third parties without prior written consent from the Photographer.

15. ELECTRONIC STORAGE.

(a) Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form without the written permission of the Photographer. (b) Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer. (c) Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.

16. APPLICABLE LAW.

(a) This agreement shall be governed by the Laws of England & Wales.

17. VARIATION.

(a) These Terms and Conditions shall not be varied except by agreement in writing.

All photographs remain the property and copyright of L1 Photography and are protected under United Kingdom & International copyright laws. All moral and intellectual rights are asserted under the Copyright Designs & Patents Act 1988. All rights reserved. © 2022 L1 Photography www.L1Photography.co.uk