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Thank you for taking the time to read these terms and conditions.  If there is anything you need clarifying or you feel you need specific clauses to meet the requirements of your commission please don’thesitate to get in touch.

Please note that payment is strictly within 10 days or on firstuse of the images.  The License to Use does not formally come into force until payment is received in full.  

DEFINITIONS. (a) For the purpose of this agreement “the Agency”and “the Client” shall where the context so admits include 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 Morgan White 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 (d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of thePhotographer 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 thePhotographer entirely at its 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 theClient 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

COPYRIGHT (a) The Photographer retains the entire copyright in the images at all times, throughout the world unless specific agreements for copyright purchase by the client are agreed in writing.   (b) Where reproduction of photographs 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.

OWNERSHIP OF MATERIALS  (a) Title to all Photographs remains the property of the Photographer.  (b) When the licence to Use the material has expired any archived digital images must be destroyed by the client.

USE (a) The License to Use comes into effect from the date ofpayment of the relevant invoice(s). (b) No use may be made of the Photographsbefore payment in full of the relevant invoice(s) without the Photographer’sexpress permission in writing. (c) Any permission that may be given for prioruse will automatically be revoked if full payment is not made by the due dateor if the Client or Agency is put into receivership or liquidation. (d) Whererestricted in the Agreement, permission to use the Photographs for otherpurposes will normally be granted upon payment of a further fee to be mutuallyagreed. Note:  A written agreement must be made with the Photographerbefore the Photographs may be used for other purposes.  Where uses of animage 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 partialor other assignment of copyright shall be implied. (f) On the Client’s death orbankruptcy 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 anadministration is appointed, any licence granted shall immediately cease.

EXCLUSIVITY (a) The photographer's standard Licence to Use givesexclusivity on the images for 1 year to the Client.  A longer exclusivityperiod can be negotiated if required (b) The Photographer retains the right touse the photographs for the purpose of promotion and marketing of her businessunder all licensing situations unless special circumstances apply.

CLIENT CONFIDENTIALITY The photographer will keep confidentialand will not disclose to any third parties or make use of material orinformation communicated to him/her in confidence for the purposes of thephotography, save as may be reasonably necessary to enable the Photographer tocarry out her obligations in relation to the commission.

PRIVACY  The photographer will only collect and otherwiseaccess information you voluntarily provide via email or through other directcontact. Morgan White Photography will not sell or otherwise distribute thisinformation to any other individual or entity, except its duly authorisedagents, contractors, and other third parties that assist it in its businessoperations.  Please refer to the full privacy policy linked through thewebsite for full details.

INDEMNITY. (a) It is the client who must satisfy himself/herselfthat all necessary rights, model releases, clearances or consents which may berequired for reproduction of people, places or items depicted within any worksare obtained.  (b) It is acknowledged that the Photographer gives nowarranty or undertaking that any such rights, releases or consents are or willbe obtained whether in relation to the use of names, people, trademarks,registered or copyright designs or Works of art depicted in any picture. (c)The Photographer shall only be responsible for obtaining such clearances ifthis has been expressly agreed in writing before the shoot. (d) In all othercases the Client shall indemnify the Photographer against all expenses,damages, claims and legal costs arising out of any failure to obtain suchclearances. (e) The Photographer will not be liable for any loss or damage, forany consequential loss of profit or income however caused including negligenceby the Photographer, Morgan White, their employees or agents or otherwise, andit is the Client’s responsibility to insure against such loss or damage.

PAYMENT (a) Payment by the Client will be on first use of theimages or strictly within 10 days of the issue of the relevant invoice for thecommissioned work unless alternative terms are agreed in writing. (b) Ifpayment is not made in accordance with (a) above then Morgan White Photographymay rescind any Agreement and recover damages, or, at its option, may exerciseits statutory right to interest under the Late Payment of Commercial Debts(Interest) Act 1998. © (c) A fee of £17 (excluding VAT) will be made for eachaccount reminder, duplicate invoice, or any other paperwork, correspondence orphone calls involved with the pursuance of a debt.  This fee is non-refundable,and represents the additional time spent pursuing overdue invoices; (d) TheClient's right to reproduce a picture arises only when Morgan White Images’invoice relating to the grant of such right is fully paid (including interestcharges levied on late payment of the invoice or invoices).  Anyreproduction before payment of the invoice constitutes an infringement ofrights and a breach of this Agreement entitling Morgan White' Images to rescindthe Agreement and rendering the Client liable for the payment of damages.

EXPENSES (a) Where extra expenses or times are incurred by thePhotographer as a result of alterations to the original brief by the Client, orotherwise .The Client shall give approval to and be liable to such extraexpenses or fees, in addition to the fees and expenses shown on the Estimate ashaving been agreed or estimated.

PROCESSING AND RETOUCH EXPENSES  Shoot fees includesstandard post processing which equates to basic editing steps e.g. colourbalancing, contrast boosting, exposure amends to match finished images in withbrand identity.  Specialist photoshop work including cosmetic retouching is charged at £60 per hour.  Some packages may include somepost-processing and retouching services and this will be highlighted on thequote where relevant.

CANCELLATION & POSTPONEMENT A booking is considered firm asfrom the date of confirmation and accordingly the Photographer will, at herdiscretion, charge a fee for cancellation or postponement within 48 hours ofthe shoot date.  The Photographer will always try and accommodate analternative date if a shoot needs to be postponed due to ill health oremergency.

RIGHT TO A CREDIT  The Licence to Use requires that thePhotographer’s name ‘Morgan White’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s) e.g. press feature, online editorial feature.  The client is not required to include a credit next toimages used on their own website or marketing literature.  Crediting the photographer on social media platforms alongside images is not strictlyrequired but is always appreciated.   The Photographer also assertsher statutory and moral right to be identified in the circumstances set out inSections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendmentor re-enactment thereof.

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

STOCK PHOTOGRAPHY Images viewed through my website and social media profiles may be available to licence depending on any exclusivity and confidentiality clauses in place.  Image licences start at £300 for asingle image with advertising rights starting at £600. 

SUPPLY TO THIRD PARTIES The licence only applies to the Clientand product stated on the Licence to Use

MANIPULATION OF IMAGES  Manipulation of the image(including use of filter treatments) or use of a cropped portion of the imagemay only take place with the written permission of the Photographer.  Itis requested that images are shared on Instagram without additional filtersunless they are key to brand consistency.  The photographer is alwayshappy to liaise with any other creative professionals involved in the brandingproject to ensure best use of the images is made.  

IMAGE STORAGE  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.

APPLICABLE LAW  This agreement shall be governed by the Laws of England & Wales.

VARIATION These Terms and Conditions shall not be varied exceptby agreement in writing

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