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Terms & Conditions

These terms & conditions apply to works undertaken by Paul Burgman &/or Press-Photos.

Please note that in all cases, without exception these terms & conditions apply to all images supplied, these T&Cs supersede all others, we do not accept any IPR (Intellectual Property Right) grabs, or Terms & Conditions either pre-supply or post use. 

These are the only T&Cs that we accept.

A.      Definitions: "Press-Photos" refers to Press-Photos, Paul Burgman &/or any employee or sub-contractor. 

"Client" refers to the commissioning party or company, its representatives, successors, assigns, agents and affiliates. 

"Shoot" refers to the time/date or location of the images being recorded.

"Commission/s" refers to the process of booking Press-Photos to complete an assignment/shoot.

“Uses” specifically are the appearances of Press-Photos’s work in print or online or on TV. These uses include printed form, in newspapers, magazines, in-house publications, brochures, posters, etc. Online use includes on websites, intranets, and other places worldwide where images may be seen. TV & other uses, include TV flash uses, featured documentary uses or promotional uses.

B.      Payment: FULL PAYMENT MUST BE RECEIVED BY Press-Photos BEFORE PUBLICATION. ANY USE BEFORE PAYMENT SHALL BE CONSIDERED AN UNAUTHORISED USE.  

The only exception to “B” is the News Media (if Press-Photos are commissioned directly, or if Press-Photos have syndicated "on spec").  Any PR work that is commissioned with the intention of publication, must be paid for in advance or have an agreement with Press-Photos for mutually acceptable payment terms, which in any case shall not be greater than 30 days from completion of the "shoot" or date of invoice, whichever is sooner.

C.      Grant of Rights: Grant of reproduction rights hereunder is conditional upon Client’s acceptance of each term set forth in this agreement, including but not limited to, receipt of payment in full by Press-Photos (or a mutually agreed timescale for payment) & placing of the required copyright notice on each use of Press-Photos’s work. 

All rights not expressly licensed to the Client in writing, may incur additional fees if images are used outside the specified licensed use.  

For National and Regional Newspaper use, a by-line is mandatory, unless specifically agreed otherwise. 

Copyright remains at all times with Press-Photos, we do not re-assign copyright, & we do not grant “resale” or “re-distribution” rights for any of our images. 

D.      Pricing Rates: For News Media publication, space rates are acceptable for mainstream news  & sports images.

In the event that images are supplied as Exclusive, the fee will vary dependent upon the nature of the story and the images supplied.  Prices once agreed are not re-negotiable. Exclusivity can be arranged dependent up several criteria.

i)              Exclusive by vertical market, i.e. exclusive Newspaper, exclusive Magazine use,
ii)             by Geographic Territory, UK wide, Europe-wide etc, or
iii)           time based exclusivity, i.e., number of days, weeks etc or
iv)           complete exclusivity.

Or a combination of any of the above, the fees will vary depending upon the degree of exclusivity.

Pricing Rates: For PR shoots

PR shoots are priced on the basis of time to do the shoot, travel time, post shoot processing time, subsequent time sending to media outlets. In addition to a licensing fee for the use of the images.

Any fee once agreed is final, there may also be additional fees for different uses, it is important that the image “uses” are clearly defined prior to a quotation

Unauthorised Uses: Unauthorised uses are for any uses that the client has not negotiated specific rights. They also include uses of any Press-Photos.com images without permission or payment. In the event that a client uses images & withholds payment, they will be considered in breach of contract, in breach of copyright legislation & may be pursued for loss of income & compensation.

E.         Copyright Protection/Credit Line: For all uses, Clients will provide copyright protection by placing proper copyright notice on any use.  Proper notice may be either "© <<2008>> << Press-Photos >>" adjacent to or within the photograph(s) unless otherwise agreed. 

F.         Indemnity: In the event of a Client organised photography shoot, the Client hereby indemnifies and holds Press-Photos harmless against any & all liabilities, claims, & expenses, including reasonable legal fees, arising from Client's use of Press-Photos’s work.  Client is required to ensure that all relevant model releases are signed, and that permission has been obtained from venues & locations for photographic shoots. Client assumes insurer's liability to indemnify Press-Photos for all loss, damage, or misuse of any photographs.

G.         Loss or Damage:  As images are transmitted digitally there is no longer a requirement for loss or damage to materials clauses.

H.         Alterations: Client will not make or permit any alterations, additions, or subtractions in respect of the photographs, including without limitation any digitisation or synthesizing of the photographs, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known.

I.          Default: In the event of non-payment or other breach of this Agreement by Client, Client shall pay all of Press-Photos's costs & expenses incurred in connection with enforcement of the terms of this agreement, including Press-Photos's reasonable legal fees.

J.          Releases: Press-Photos is not responsible for obtaining model, property, or other releases in connection with any of the photographs licensed, the client is required to obtain the necessary permissions prior to the start of a “shoot”.

K.         Copies: Client shall provide to pressphotos-uk.com a minimum of one copy of each use of the photographs. UK daily newspapers may ignore this.

L.         Miscellaneous: Client may not assign or transfer any license.  No alterations may be made in any of these provisions without the express written consent of the Press-Photos. Licences for use of images are granted on a "title by title" basis, unless otherwise specifically agreed in writing.

M.        Cancellations: Cancellations & postponements:

PR/Publicity Shoots: Cancellation charges are on a sliding scale. Cancellation with 2-3 days notice incurs a cancellation fee equal to that of 50% of the quoted shoot rate. If cancellation occurs within 24 hours of the shoot date, the fee will be equal to 100% of the quoted shoot rate. Cancellations of more than 4-6 days incur a fee of 25%, and cancelations notice of more than 7 days incurs no cancellation fee.

Newspaper/Magazine commissions are cancelled on the day of the shoot the full fee is liable. If commissions are cancelled more than two days in advance, there are no cancellation fees, If a commission is cancelled on the day before a shoot then fifty percent of the fee is payable. For other clients different fees for cancellations will apply.

N.         Governing Law: This agreement is governed by UK law.

 

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