1. DEFINITIONS
For the purpose of this agreement Fergus Burnett Photography and Anchor Images Ltd will be referred to as "FB". The visitor to the site, whether representing an organisation or not, and engages in any business with FB shall be referred to as the "Client" "Photographs" "picture" and "image" all mean photographic material furnished by the Photographer,whether digital files, transparencies, negatives, prints, artwork or any other type of physical or electronic material. The term reproduction includes any form of publication or copying of the whole or part of any picture whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage. Or for any use as artist's reference or illustration, or in a layout or presentation.
2. COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. When the License to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days and any hard copies of the images must be deleted from all hard drives, servers and any other location where they may have been stored. Images must also be removed from all websites that they have been put on; both those owned or used by the client, affiliated websites, as well as third party websites such as "linkedin".
4. USE
The License 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 the Photographer's 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 License only applies to the Client as stated on the invoice and its benefit shall not be assigned to any third party without the Photographer's permission. Accordingly, even where any form of 'all media' License is granted, the photographer's permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sub-licensing through a photo library. Permission to use the Photographs for purposes outside the terms of the License 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 Licenses in respect of the Photographs will be subject to these terms and conditions. The right to reproduce, store (electronically or otherwise) or use in any way any image supplied by FB is personal to the Client and may not be assigned to any third party without FB's prior written consent. Clients can not pass on copies of images or give permission to use images to any third party outside the remit of the agreed brief. The standard License of Use shall be 'editorial use only, two years only, uk only'.
5. EXCLUSIVITY
After any agreed exclusivity period indicated in the License to Use the Photographer shall be entitled to use the Photographs for any purposes. 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/her work.
6. CLIENT CONFIDENTIALITY
The 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 Photographer to carry out his/her obligations in relation to the commission.
7. INDEMNITY
The Photographer shall only be responsible for obtaining clearances, with regard to model releases, third party copyright works, trade marks, designs or other intellectual property, 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.
8. MANIPULATION
The client may not alter or add to or manipulate a picture by means of computer or any other technique with the aim to ridicule, make fun of, or insult the subject in the photograph
9. BRIEF
The Client must supply FB with a full brief at least 48 hours prior to the arranged photoshoot. If the client expressly requires a certain photograph of a certain person / people / scene / object to be taken then this must be clearly stated in the brief. If there are certain people who are required to be photographed then it is the Clients responsibility to ensure that FB is aware of who / where they are once they have arrived at the event. If this is not done then FB can not guarantee that the requested photograph is taken. Any late additions to the brief, either at the photo shoot or at it's close, may not have been quoted for and are subject to the relevant and appropriate charges.
10. CAPTIONS
While FB takes reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors
11. 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 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 payment was due until the date payment is made. The photographer also reserves the right to charge an additional fee - this will be of the amount stated in Late Payment Legislation 1998 (2002) under their compensation guideline rates.
12. EXPENSES
Where extra expenses or time are incurred by the 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 the Photographer's normal rate to the Photographer in addition to the expenses previously agreed or estimated.
13. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
14. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will charge a fee for cancellation or postponement. If the cancellation is made within 14 days of the shoot date the agreed fee must be paid in full. If the cancellation is made between 28 days and 14 days before the agreed date of the shoot then 50% of the agreed fee must be paid. Any booking cancellation notice given that is greater than 28 days will be given a full refund or not charged, whichever is applicable. The only exception to the above is in respect of Covid-19 related cancellations and postponements. Cancellations are not charged at any rate if there is more than 48hrs notice and postponements are not charged at all.
15. RIGHT TO A CREDIT
The "Right to a Credit" is required. During all publications any image supplied by FB the Photographer's name must be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. The accreditation text should read ' fergusburnett.com'.
16. META DATA
All digital images are supplied with caption information, copyright data and Meta Data embedded. The Client must never remove, or attempt to remove this data from the images
17. 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 the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
18. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
19. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.
NOTE : For more information on the commissioning of photography refer to Beyond the Lens produced by the AOP.
20. PRIVACY POLICY
INTRODUCTION
This privacy policy sets out how Anchor Images Ltd uses and protects any information that you give to us when you use this website or undertake business with Anchor Images Ltd.
Anchor Images Ltd is committed to ensuring that your privacy is protected. Should we ask you to provide certain information from which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement and with the requirements laid down by law in the Data Protection Act (DPA) 1998, The Privacy and Electronic Communications (EC Directive) Regulations (PECR) 2003 and the General Data Protection Regulation (GDPR) 2018.
Anchor Images Ltd may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
WHAT WE COLLECT?
We may collect the following information:
Your name, username or job title.
Contact information including your email address, postal address and telephone number.
Demographic information such as postcode, preferences and interests.
Other information relevant to customer surveys and/or offers provided by us.
WHAT WE DO WITH THE INFORMATION WE GATHER?
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record-keeping and to administer any dealings that you might have with us.
We may use the information to improve our products and services to you.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided and given us consent to use.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone or post but only in accordance with your expressed consent for such contact. We may also use the information to customise the website according to your interests.
THE LEGAL BASIS FOR PROCESSING YOUR DATA
We collect this data from you on at least one of the following legal bases:
That you have provided your explicit consent for us to do so.
That we need to in order to fulfil our contractual obligations to you (which includes the provision of quotations or estimates as a result of a request from you).
That we have a legitimate interest in doing so for our own commercial marketing activities where our use of your data is proportionate, has a minimal impact on your privacy and is an activity that you might reasonably expect us to be engaged in.
HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?
We will only retain your personal information for the minimum time that is necessary. For some purposes such as our business accounting obligations, this length of time will be determined by legislation.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
Whenever you are asked to fill in a form on our website(s), look for the box or boxes that you can choose to tick to indicate that you agree or opt-in, so that the information can be used by us for direct marketing purposes.
Right to withdraw consent, data retention and the right to be forgotten – If you have previously agreed to us using your personal information for direct-marketing purposes, you may change your mind at any time by contacting us . We will comply with your request within one month of receiving it. Please note, there may be certain circumstances such as a legal obligation we may have, that mean the right to be forgotten cannot be implemented but we will inform you of this should you contact us on this basis.
Right of data portability – You have the right to request a copy of the data that we hold about you in order that you can reuse it for your own purposes across different services. This right is only applicable if you have given us explicit consent to process your data or if we have used it for the performance of any contract(s) we may have (had) with you. If you wish to do this, please contact us. We will provide the information in a commonly used and machine-readable format free of charge.
Right of access to your data – You may request details of personal information which we hold about you. If you would like a copy of the information held on you please contact us.
Right to rectification of inaccurate data – If you believe that any information we are holding about you is incorrect or incomplete, please contact us as soon as possible. We will promptly rectify any information found to be incorrect.
Right to object to processing of your data – You have a right to object to us using your data for marketing under the basis of ‘legitimate interests’ and if you wish to do so, please contact us.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
You may request details of personal information which we hold about you under the Data Protection Act 1998 and the GDPR 2018. This is free but in the case of manifestly unfounded or excessive/repetitive requests we reserve the right to charge a small administration fee of £10. If you would like a copy of the information held on you, please contact us.
SECURITY
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. All your information is stored either electronically on our secure servers or in the case of paper documentation, in secured cabinets only accessible by the Data Controller or those nominated as Anchor Images Ltd Data Processors. Any password(s) which you might use to access the website or other platforms that are operated by Anchor Images Ltd using third-party providers are your own responsibility and you undertake not to share them with anyone else. If you believe your password(s) has/have been compromised, you must inform us straight away and change it.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over those other websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should look at the privacy policy statement applicable to the website(s) in question.
