Terms and Conditions


1. DEFINITIONS

For the purpose of this agreement the "Client" shall where the context so admits include their assignees, sub licensees and successors in title. "Photographs" means all photographic material furnished by the Gareth Lowe (Photographer), whether transparencies, negatives, prints, digital image files or any other type of physical or electronic material.

2. COPYRIGHT

The entire copyright in the Photographs is retained by Gareth Lowe (Photographer) at all times throughout the world.

3. USE

The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without Gareth Lowe's (Photographer) express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. The Licence only applies to the client and product as stated on the invoice and its benefit shall not be assigned to any third party without Gareth Lowe's (Photographer) permission. Accordingly, even where any form of 'all media' Licence is granted, Gareth Lowe's (Photographer) permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sublicensing through a photo-library. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.

4. CLIENT CONFIDENTIALITY

Gareth Lowe (Photographer) will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Gareth Lowe (Photographer) to carry out his/her obligations in relation to the commission.

5. INDEMNITY

Gareth Lowe (Photographer) agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by Gareth Lowe (Photographer) to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. Gareth Lowe (Photographer) shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

6. PAYMENT

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 Gareth Lowe (Photographer) reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 (Bank of England base rate plus 8%) from the date payment was due until the date payment is made, plus any debt recovery costs.

7. EXPENSES

Where extra expenses or time are incurred by Gareth Lowe (Photographer) as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give
approval to and be liable to pay such extra expenses or fees at Gareth Lowe's (Photographer) normal rate to Gareth Lowe (Photographer) in addition to the expenses as having been agreed or estimated.

8. REJECTION

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

9. CANCELLATION & POSTPONEMENT

A booking is considered firm as from the date of confirmation and accordingly Gareth Lowe (Photographer) will, at his/her discretion,charge a fee for cancellation or postponement.

10. ELECTRONIC STORAGE

Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of Gareth Lowe (Photographer). Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.

11. APPLICABLE LAW

This agreement shall be governed by the laws of England & Wales

12. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.