T&Cs

 1. These terms and conditions shall apply to the exclusion of any other terms and conditions (contractual or otherwise) put forward by the client.

2. Matt Scott-Joynt (the photographer) always retains full copyright of in 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 Matt Scott-Joynt Photography’.

3. Where agreed 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 agreed 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 license: (a) clients are licensed to use commissioned images for marketing, pr and 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.

 

5. The photographer will keep confidential and will not disclose to third parties or make use of any material or information communicated to him in confidence for the purposes of the photography and whilst undertaking the commission, save as may be reasonable to enable the photographer to carry out his obligations in relation to the commission.

 

6. Any information or data is kept in accordance with the data protection principles set out in the Data Protection Act available on the ICO (Information Commissioner’s) website.

 

7. 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: any necessary model releases; any required written parental permission when persons under the age of sixteen are photographed whether identified by name or not. The photographer accepts no liability for non-supply of pictures if it is learnt parental permission has not been obtained.

 

8. 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 the payment was due to the date payment is made.

 

9. Where extra expenses are incurred, or where, for any reasons, more time is used/needed for the commissioned photography brief than was agreed, the client shall give approval to and will be liable to pay such extra expenses or fees at the photographer’s normal rate in addition to the pre agreed expenses and fees.

 

10. Images will be available to view and download from a secure client gallery for at least 3 months from the date of the commission. Longer periods are available by agreement.

 

11. Unless a rejection fee has been agreed in advance, there is no right to reject commissioned photography based on the style or composition of the photography.

 

12. Covid 19 and illness. The photographer cannot be held responsible for cancellation or postponement of a commission due to the requirement of any participants necessary for the completion of the commission, including the photographer, to be absent from the shoot due to illness or the need to self-isolate.

 

13. A booking is considered ‘firm’ from the date of confirmation. Accordingly, the photographer may, at his discretion, charge a fee for cancellation or postponement. This fee will be proportionate to the amount of notice provided before cancellation or postponement: 10 working days 25% of the fee; 5 working days 50% of the fee; 48 hours 75% of the fee, 24 hours or less 100% of the fee.

 

14. This agreement is governed by the laws of England and Wales.

 

15. These Terms and Conditions (T&Cs) shall not be varied other than by written agreement.

Matt Scott-Joynt Photography