Terms and Conditions
Please read carefully out terms and conditions below
1. These terms & conditions shall apply to the contract to the exclusion of any other terms & conditions put forward by the client.
2. Robin Newbon (The photographer) trading as Studio Dog retains full copyright in all images, at all times, throughout the world, in accordance with the Copyright, Designs and Patents Act 1988. The photographer asserts his right to be identified as the author of all images, by the words: ‘Photographs by Robin Newbon/ Studio Dog.’
3. The client will have an appropriate period of exclusivity to publish the photographs to the exclusion of all other persons. However, the photographer 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 the photographer shall be entitled to use the photographs for any reasonable purposes (unless otherwise agreed). Editorial work may be made available by the photographer to third parties after publication in the medium for which they were originally commissioned unless otherwise agreed.
4. 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. If we have agreed upon an initial exclusive use period, we will not publicise images in any way until after this date. This agreement must be made in advance of the shoot and in writing.
5. If you have a very clear idea of the style or composition that you want for your shoot, it’s highly advised that you attend to direct and oversee. If you’re unable to do this, it’s essential that you convey your thoughts to us in as much written detail as possible, prior to your shoot. We ideally need all information for your shoot contained in one brief document.
We are happy to work remotely from a brief, or to take complete creative lead on your shoot, but please be aware of the following points:
- We do not work on a ‘pay per image used’ basis. When you instruct us, you are committing to pay for the time we spend on your shoot, which will be agreed in writing, in advance.
- Reshoots will be charged in full (see exceptions below).
- Where models, locations or additional fixed costs are involved, all reshoots are charged in full so we strongly advise attendance.
Exceptions – Reshoots are free of charge if:
- Products are placed / positioned incorrectly (eg. upside down, back to front, or contrary to your written instructions etc). Please ensure to correctly document positioning and styling instructions.
6. The photographer will keep confidential and will not disclose to any third parties or make use of material or 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 his obligations in relation to the commission.
7. Any information or data is kept in accordance with data protection principles set out in the Data Protection Act available on the ICO (Information Commissioner’s) website.
8. It is the client’s responsibility to ensure that all the necessary clearances have been obtained to allow the photographs to be taken without hindrance or infringements of trademarks or copyrights. 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.
9. 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.
10. Where extra expenses or time are incurred by the photographer as a result of alterations to the original brief by the client, the client shall give approval to and be liable to pay such extra expenses or fees at the photographer’s normal rate in addition to the expenses agreed or estimated.
11. Images will be available to view or download from a secure link for 6 months from the date of the commission. Longer periods are available by agreement.
12. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
13. 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.
14. This agreement shall be governed by the laws of England & Wales
15. These Terms and Conditions shall not be varied except by agreement in writing.