Photography terms and conditions

Photography terms and conditions contents

1. Definitions: definitions.
2. Term: commencement of term; end of term: indefinite, or deliverables and prints, services and payment; each contract distinct.
3. Services: obligation to provide services; standard of services (B2C or mixed); devotion of personnel to services; keeping customer informed of services; services: compliance with reasonable customer requests.
4. Permissions: photographic permissions to be obtained by first party; photographic permissions to be obtained by second party; form of permissions; provision of copy permissions; parties unable to obtain permission.
5. Deliverables: obligation to deliver deliverables; feedback on deliverables; timetable for delivery of deliverables; deliverables warranties (B2C or mixed).
6. Acceptance: acceptance review by second party; deemed acceptance of deliverables; deliverables do not meet acceptance criteria in review; subseqent failures of deliverables to meet acceptance criteria in review; consequences of acceptance of deliverables.
7. Prints: creation and delivery of prints (including B2C); prices for prints; risk and title in prints (including B2C); warranties relating to prints (including B2C).
8. Client
   obligations: general second party obligations.
9. Client
   Materials: supply of second party materials; licence of
   Client
   materials; warranties relating to second party materials.
10. Intellectual Property Rights: assignment of intellectual property rights in deliverables; licence to use deliverables; licensing of third party materials; further assurance (intellectual property).
11. Moral rights: waiver of moral rights in deliverables; assertion of moral right of paternity in deliverables; acknowledgement of assertion of right of paternity; moral rights in private or domestic photographs; agreed exceptions to moral rights in private or domestic photographs.
12. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT (B2B or B2C); variation of charges.
13. Timesheets: obligation to keep timesheets; obligation to supply timesheets.
14. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments.
15. Photographer
    's confidentiality obligations: first party confidentiality undertaking; disclosure of confidential information by first party to certain persons; exceptions to first party's confidentiality obligations; disclosures of second party confidential information mandated by law etc; first party to stop using confidential information upon termination; first party to return or destroy confidential information following termination; first party confidentiality obligations after termination.
16. Photographer
    's publicity obligations: no public disclosures by first party; permitted public disclosures by first party.
17. Distance and off-premises contracts: cancellation right: distance and off-premises contracts: cancellation right for consumers; cancellation right for services and digital content; consumer agreement to provision of services; exercise of cancellation right; refund upon services distance contract cancellation; refund method; refund timing for services and digital content.
18. Data protection: compliance with data protection laws; warranty of
    Client
    's right to disclose personal data (GDPR); details of personal data and purposes of processing by 
    the Photographer
     (GDPR); duration of personal data processing by
    Photographer
    (GDPR); personal data processed by
    Photographer
    on instructions (GDPR); authorised international transfers of personal data (GDPR); informing 
    Client
     of illegal instructions (GDPR); personal data processed by
    Photographer
    as required by law (GDPR); confidentiality obligations on
    Photographer
     persons processing personal data (GDPR); security of personal data processed by 
    Photographer
     (GDPR); appointment of sub-processor by
    Photographer
    (GDPR); authorisation for
    Photographer
    to appoint sub-processors (GDPR);
    Photographer
     to assist with exercise of data subject rights (GDPR);
    Photographer
     to assist with compliance (GDPR); obligation to notify 
    Client
    of personal data breach (GDPR);
    Photographer
     to provide data protection compliance information (GDPR); deletion of personal data by 
    Photographer
     (GDPR);
    Photographer
     to allow audit (GDPR); changes to data protection law.
19. Warranties: first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
20. Indemnity: first party indemnifies second party upon breach (deliverables); conditions upon first party indemnity; limitations of liability vs indemnities.
21. Limitations and exclusions of liability: caveats to limits of liability (B2B or B2C); interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
22. Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
23. Termination: termination without cause (optionally asymmetric); termination by either party without cause; termination upon breach; termination upon insolvency; termination upon non-payment.
24. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
25. Status of
    Photographer
    : first party is independent contractor not employee; no redundancy or compensation.
26. Notices: contractual notices must be in writing; methods and deemed receipt of contractual notices; substitute contact details for notices.
27. Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
28. General: no waiver; severability; variation written and signed; asymmetric variation; asymmetric assignment of contractual rights (B2B, B2C or mixed); no third party rights; entire agreement: documents; governing law; exclusive jurisdiction.
29. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

STATEMENT OF WORK