TERMS & CONDITIONS FOR USING THIS WEBSITE

All Images on this website are  protected under international copyright law and the Copyright, Designs & Patents Act 1998.

The images on this website are displayed to show examples of Chris Rout Photographic’s work, and imagery on this website are not for any download, copying, or online usage in any way. The copyright is owned by Chris Rout Photographic and licenses have been assigned to the relative clients work show on this site. Any downloading, usage, copying, reuse on any platform or for any purpose is a direct copyright
breach and strictly prohibited.

COMMISSIONING AND REPRODUCTION OF PICTURES

1. In this Agreement the terms (a) picture includes a photograph, digital media, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction: (b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide 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 (c) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).

2. (a) Intellectual Property and entire copyright in the pictures/images is retained by Chris Rout Photographic at all times throughout the world.

(b) Chris Rout Photographic 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 Chris Rout Photographic grant of reproduction rights in respect thereof.

(c) Chris Rout Photographic asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.

3. (a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Chris Rout Photographic’s invoice. An agreement must be reached with Chris Rout Photographic/Client prior to any image usage or job/contract start date for a different purpose or after the licence to use has expired.

(b) Reproduction rights or Copyright are not warranted, issued exclusively to the Client except by prior written agreement to any started works/ commissions when specified on the invoice.

(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights

(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.

(e) Chris Rout Photographic reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.

(f) An agreement must be reached with Chris Rout Photographic prior to any image usage or job/contract start date for a different purpose or after the licence to use has expired.

(g) A right to credit, where possible, should be made to Chris Rout’s name and published within reasonable proximity to all published media.

4. The following terms are used when describing the reproduction rights granted
by Chris Rout Photographic to the Client:

(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site.

(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or
electronic media in an editorial context where no fee has been paid to guarantee publication.

(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice.

(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an  editorial context only.

6. (a) Once the Client has made a booking for a specific time and date, Chris Rout Photographic will not accept any other work from other clients for those times and dates.

(b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following
schedule. When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within one weeks of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Chris Rout Photographic.

7. (a) Until Chris Rout Photographic has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Chris Rout Photographic is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights Chris Rout Photographic may in his discretion cancel subject to the Client paying a cancellation fee.

(b) The Client’s right to reproduce a picture arises only when Chris Rout Photographic invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Chris Rout Photographic to rescind the Agreement and rendering the Client liable for the payment of damages.

Unauthorised Use 
Chris Rout Photographic will always take action against any parties making unauthorised use of our images. We will expect to recover damages for non-payment of the above published fees and charges, and for damage to our business caused by any use which competes with our business, including sales by private sellers auction sites or similar, or other websites. In addition we will seek payment of any and all administrative costs, legal fees and any other expenses and costs we incur in proving unauthorised use, tracing the offender, and collecting payment. 

Ignorance of copyright law shall be no defence against any claim we may make or action we may take to enforce our rights.

(c) Licensing 
As copyright owners we do license other parties to use our images for specified purposes subject to receipt of suitable fees, and the use of copyright notices. Prospective licensees should contact Chris Rout Photographic with details of
intended use, and their standard terms if any. Our terms will apply in the event of any other written agreement. It is not our habit to license our images for use in competition with our own business. 

(d) Chris Rout Photographic’s invoice shall be paid within 28 days of issue.

(e) If payment is not made in accordance with (a) above then Chris Rout Photographic may rescind this Agreement and recover damages, or, at his option, may exercise his statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.

(f) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that Chris Rout Photographic may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

(g) A fee of £15.50 (including VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.

(h) The Late Payments Calculator shown on the front of the invoice is a guide to charges that will be made to an overdue invoice. These charges may vary due to the nature of the debt: for example, if reminders are sent out every two weeks instead of monthly. This guide is shown to clarify Chris Rout Photographic’s charges for late payment, and publication of them does not constitute a right to pay an invoice after the Due Date.

(i) Chris Rout Photographic reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page 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.

8. 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 is appointed, Chris Rout Photographic may at any time thereafter inspect any records, accounts and books relating to the reproduction of his pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

9. (a) Chris Rout Photographic will edit every take and deliver what he considers to be the best of every situation covered. As a result, contact sheets (or their digital equivalent) will only be supplied to the client in exceptional circumstances.

(b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Chris Rout Photographic.

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

10. In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Chris Rout Photographic free of charge within two weeks. In other media, evidence of use must be made available if requested.

11. (a) While Chris Rout Photographic takes all reasonable care in the performance of this agreement generally, he shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption.

(b) The Client agrees to indemnify Chris Rout Photographic in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Chris Rout Photographic.

(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Chris Rout Photographic gives no warranty or undertaking that any such rights, model releases or consents have 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. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Chris Rout Photographic against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

(d) Chris Rout Photographic cannot be held liable for any loss, damage or delay to work which might be caused by Email, Royal Mail or courier.

12. (a) This Agreement shall be subject to and constructed according to United Kingdom Law and the parties agree to accept the exclusive direction of the Courts of Scotland.

(b) No variation of terms and conditions set out herein shall be effective unless prior agreement in writing by both parties.

13. Chris Rout Photographic archives and backs up all works, but this cannot be guaranteed, Chris Rout Photographic will not be held liable in the event of any data loss.

PAYMENT

Payment should normally be made by crossed cheque made payable to “Chris Rout Photographic”. BACS details can be supplied upon request. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.

STUDIO

For the protection and security of the studio a CCTV camera is in operation, this ensures added protection for client and photographer.

VAT REG NO: 660 0928 46

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